Common use of Warranty Disclaimer Clause in Contracts

Warranty Disclaimer. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 6 contracts

Samples: Snappet Client Agreement, Snappet Client Agreement, Snappet Agreement of Use

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Warranty Disclaimer. YOUR THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE PLATFORM SERVICES IS ENTIRELY AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN RISKDISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE NO REPRESENTATIONS OR ANY WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS"OF ANY KIND, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY EITHER EXPRESS OR IMPLIED, INCLUDINGCONCERNING THE HARDWARE, BUT NOT LIMITED TO: (1) THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIESWARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, EXPRESSTHE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, STATUTORY OR IMPLIED THAT THE PLATFORM SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, ERROR-SECURE OR ERROR FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 6 contracts

Samples: Thrivent Federal Credit Union Online and Mobile Banking Agreement, Electronic Banking Agreement, Anoka Hennepin Credit Union Digital Services Agreement

Warranty Disclaimer. YOUR USE OF TO THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR WARRANTIES ABOUT PROVIDED BY THE PLATFORM. THE PLATFORM APPLICATION (“SERVICES”) ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” ”, WITH ALL FAULTS AND WITHOUT LIMITING WARRANTY OF ANY KIND, AND N21 HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GENERALITY OF THE FOREGOINGAPPLICATION AND ANY SERVICES, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS, STATUTORY IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO: (1) , THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTOF ACCURACY, TITLE, OF QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) FREEDOM FROM PATENT INFRINGEMENT OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. N21 DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WARRANTIES AGAINST INFRINGEMENTAPPLICATION, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THAT THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESSFUNCTIONS CONTAINED IN, OR COMPLETENESS OF DATA SERVICES PERFORMED OR CONTENT MADE AVAILABLE ON PROVIDED BY, THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM APPLICATION WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIESREQUIREMENTS, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM OPERATION OF THE APPLICATION OR SERVICES WILL BE TIMELY, SECURE, ACCURATE, UNINTERRUPTED OR ERROR-FREE, COMPLETEOR 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, UP-TO-DATEYOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, FREE OF VIRUSES, REPAIR OR UNINTERRUPTEDCORRECTION. IF APPLICABLE LAW DOES SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF SOME IMPLIED WARRANTIES OR ALL LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO EXCLUSION AND 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 ABOVE EXCLUSIONS WILL APPLY APPLICATIONS. YOU UNDERSTAND AND AGREE THAT MOBILE PLATFORM OPERATORS DO NOT HAVE AN OBLIGATION TO YOU REFUND ANY PURCHASE PRICE FOR THE APPLICATION AND THAT, TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOBILE PLATFORM OPERATORS HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION, AND/OR ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.

Appears in 5 contracts

Samples: License Agreement, License Agreement, License Agreement

Warranty Disclaimer. YOUR USE EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT (OR OTHERWISE REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS", “WITH CONTRACTUAL WAIVER): SUMO LOGIC AND ITS LICENSORS AND THIRD PARTIES EXPRESSLY DISCLAIM AND EXCLUDE ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS, STATUTORY IMPLIED, OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO: (1) WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE IN 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: (4A) YOUR USE OF THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM SUMO LOGIC TECHNOLOGY WILL MEET YOUR NEEDS OR REQUIREMENTS OR EXPECTATIONS, (B) YOUR USE OF THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM SUMO LOGIC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURESECURE 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, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OPERATION OR SECURITY OF VIRUSESTHE SUMO LOGIC TECHNOLOGY THAT ARISE FROM YOUR DATA, OR UNINTERRUPTED. IF APPLICABLE LAW THIRD-PARTY DATA, OR SERVICES PROVIDED BY THIRD PARTIES, OR TRANSMISSION OF DATA OVER NETWORKS THAT SUMO LOGIC DOES NOT ALLOW THE EXCLUSION OF SOME OWN, OPERATE OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWCONTROL.

Appears in 5 contracts

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

Warranty Disclaimer. YOU AGREE THAT YOUR USE OF THE PLATFORM IS ENTIRELY YOUTUBE WEBSITE SHALL BE AT YOUR OWN SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, 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, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) 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 OR 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 YOUTUBE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU 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. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM SERVICES ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING PANORAYS DISCLAIMS, TO THE GENERALITY OF THE FOREGOINGMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR IMPLIEDOTHERWISE, INCLUDING, BUT NOT LIMITED TO: (1) THE WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTOR NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INCLUDING INTELLECTUAL PROPERTY RIGHTS. PANORAYS OR PROPRIETARY RIGHTS ANY OF ITS AFFILIATES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY PERSONTECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (3b) THE WARRANTIES ARISING THROUGH COURSE OF DEALING ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, SOFTWARE OR COMPLETENESS OF YOUR INTERNET OR DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPETSERVICES. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW PANORAYS DOES NOT ALLOW OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE EXCLUSION SERVICES, INCLUDING WITHOUT LIMITATION THE REPORTS. YOUR USE OF SOME AND RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND PANORAYS, ITS AFFILIATES, SUBCONTRACTORS AND/OR ALL AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWFOREGOING.

Appears in 4 contracts

Samples: Panorays Service Terms and Conditions, Panorays Service Terms and Conditions, Panorays Service Terms and Conditions

Warranty Disclaimer. YOUR USE OF THE PLATFORM SOFTWARE IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS"" WITHOUT WARRANTY OF ANY KIND, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY EITHER EXPRESS OR IMPLIEDIMPLIED , INCLUDING, BUT NOT LIMITED TO: (1) , THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE AUTHOR DOES NOT WARRANT, WORKMANLIKE EFFORTGUARANTEE, TITLEOR MAKE ANY REPRESENTATIONS REGARDING THE USE, QUIET ENJOYMENTOR THE RESULTS OF THE USE, NO LIENS AND NO ENCUMBRANCES; (2) OF THE WARRANTIES AGAINST INFRINGEMENTSOFTWARE OR WRITTEN MATERIALS IN THE TERMS OF CORRECTNESS, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESSCURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE YOU, AND NOT THE AUTHOR OR IT'S DEALERS, DISTRIBUTORS, AGENTS, OR COMPLETENESS EMPLOYEES, ASSUME THE ENTIRE COST OF DATA ALL NECESSARY SERVICING, REPAIR OR CONTENT MADE AVAILABLE ON CORRECTION. THIS IS THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO ONLY WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON KIND, EITHER EXPRESS OR IMPLIED, THAT IS MADE BY THE NEEDS AUTHOR ON THIS SOFTWARE PRODUCT. NO ORAL OR REQUIREMENTS SET FORTH WRITTEN INFORMATION OR ADVICE GIVEN BY THE AUTHOR, IT'S DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY DOCUMENTATIONWAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON SUCH INFORMATION OR ADVICE. WE MAKE NO WARRANTIESTHIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES WHICH VARY FROM STATE TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWSTATE.

Appears in 4 contracts

Samples: Bash Pro License Agreement, License Agreement, License Agreement

Warranty Disclaimer. YOUR USE OF LICENSOR’S WARRANTY FOR THE PLATFORM DEVICE, IF ANY, IS ENTIRELY AT YOUR OWN RISKSTATED ON THE PURCHASE TERMS PROVIDED BY LICENSOR AND NOT IN THIS XXXX. WE MAKE YOU ACKNOWLEDGE AND AGREE THAT LICENSOR MAKES NO WARRANTIES OR REPRESENTATIONS TO YOU IN THIS XXXX AND DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS"ITS OPERATION, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY WHETHER EXPRESSED OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO: (1) THE TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENTSECURITY, 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 LIENS EVENT SHALL LICENSOR OR ITS OWN LICENSORS AND SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SOFTWARE OR ANY INFORMATION OR MATERIALS AVAILABLE THROUGH THE SOFTWARE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN ADDITION, LICENSOR ASSUMES NO ENCUMBRANCES; (2) RESPONSIBILITY OR LIABILITY FOR ANY CLAIMS THAT MAY RESULT DIRECTLY OR INDIRECTLY FROM THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION RESULTS YOU ACHIEVE USING THE SOFTWARE OR VIOLATION WHICH RELATE TO THE STORAGE OF ANY INTELLECTUAL PROPERTY DATA OR PROPRIETARY RIGHTS FOR THE DELIVERY, SECURITY, OR AVAILABILITY OF ANY PERSON; (3) DATA. WITHOUT LIMITATION OF THE WARRANTIES ARISING THROUGH COURSE FOREGOING, TOTAL LIABILITY OF DEALING LICENSOR FOR ANY REASON WHATSOEVER RELATED TO THE SOFTWARE, THE USE OR USAGE IN TRADE; AND (4) INABILITY TO USE THE WARRANTIES SOFTWARE, OR FOR ANY CLAIMS RELATING TO THIS XXXX SHALL NOT EXCEED IN THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWAGGREGATE US$5,000.

Appears in 4 contracts

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

Warranty Disclaimer. YOUR USE OF EXCEPT AS SET FORTH IN THIS AGREEMENT, TO THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS MAXIMUM EXTENT PROVIDED BY APPLICABLE LAWS, THE SKYSQL SERVICES, BETA PROGRAMS, BETA MATERIALS, AND TRIAL SERVICES, INCLUDING ALL UPDATES, BUG FIXES, WORK AROUNDS, OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ERROR CORRECTIONS, ARE PROVIDED "AS TO CUSTOMER “AS-IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY ANY WARRANTIES OF THE FOREGOINGANY KIND, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE , ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTINTEGRATION, NON- INFRINGEMENT, TITLE, QUIET ENJOYMENTPERFORMANCE, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ACCURACY AND ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE IMPLIED WARRANTIES ARISING THROUGH FROM STATUTE, COURSE OF DEALING DEALING, COURSE OF PERFORMANCE, OR USAGE IN OF TRADE; AND (4) . MARIADB DOES NOT WARRANT THAT USE OF THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM SKYSQL SERVICES WILL BE TIMELY, SECURE, ACCURATE, UNINTERRUPTED OR ERROR-FREE. MARIADB SHALL NOT BE LIABLE FOR DELAYS, COMPLETEINTERRUPTIONS, UPSERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR FOR ISSUES RELATED TO THIRD-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTEDPARTY HOSTING PROVIDERS WITH WHOM CUSTOMER SEPARATELY CONTRACTS. IF APPLICABLE LAW MARIADB DOES NOT ALLOW MAKE ANY WARRANTIES AND SHALL HAVE NO OBLIGATIONS WITH RESPECT TO THIRD-PARTY APPLICATIONS. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE EXCLUSION DURATION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOUSTATUTORILY REQUIRED WARRANTIES, THE ABOVE EXCLUSIONS WILL APPLY TO YOU IF ANY, SHALL BE LIMITED TO THE FULLEST EXTENT SHORTEST PERIOD PERMITTED BY APPLICABLE LAW.

Appears in 4 contracts

Samples: Terms of Service, Terms of Service, Terms of Service

Warranty Disclaimer. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM OVERTURE MARKETPLACE IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED OVERTURE MARKETPLACE IS AVAILABLE ON AN "AS IS"" BASIS, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY WARRANTY OF THE FOREGOINGANY KIND, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY 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, BUT NOT LIMITED TO: WITHOUT LIMITATION (1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF THE OVERTURE MARKETPLACE AND/ OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE OVERTURE MARKETPLACE; AND (2) ANY WARRANTIES OF MERCHANTABILITY, TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES SOME STATES DO NOT ALLOW THE EXCLUSION OF SOME OR ALL OF IMPLIED WARRANTIES, SO THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, THE ABOVE EXCLUSIONS WILL APPLY AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWSTATE.

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. YOUR USE OF EXCEPT AS EXPRESSLY SET FORTH IN THIS SUPPLEMENTAL LICENSE AGREEMENT, THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO PLA OR IN THE SETTLEMENT AGREEMENT, NEITHER PARTY NOR THEIR AFFILIATES MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS"OF ANY KIND, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTOR NON-INFRINGEMENT, TITLEINCLUDING WITHOUT LIMITATION (1) FOR THE PURDUE COMPANIES, QUIET ENJOYMENTWITH RESPECT TO THE PURDUE PATENTS OR ANY LICENSE GRANTED BY ANY OF THE PURDUE COMPANIES HEREUNDER, NO LIENS AND NO ENCUMBRANCES; OR (2) ANY MATERIALS OR INFORMATION PROVIDED BY SUCH PARTY OR ANY OF ITS AFFILIATES UNDER THIS SUPPLEMENTAL LICENSE AGREEMENT, THE WARRANTIES AGAINST INFRINGEMENTPLA OR THE SETTLEMENT AGREEMENT, MISAPPROPRIATION OR VIOLATION (3) WITH RESPECT TO ANY PRODUCTS OR SERVICES OF EITHER PARTY HERETO OR THEIR AFFILIATES. FURTHERMORE, UNLESS EXPRESSLY STATED IN THIS SUPPLEMENTAL LICENSE AGREEMENT, THE PLA OR IN THE SETTLEMENT AGREEMENT, NOTHING IN THIS SUPPLEMENTAL LICENSE AGREEMENT, THE PLA OR THE SETTLEMENT AGREEMENT SHALL BE CONSTRUED AS A WARRANTY THAT ANY PATENT, THE PRACTICE OF ANY INVENTION CLAIMED IN ANY 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, HAVING MADE, USING, SELLING, OFFERING FOR SALE OR IMPORTING OF IMPAX PRODUCTS BY IMPAX DOES NOT INFRINGE ANY PATENT RIGHTS OR OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THIRD PARTY WHO IS NOT AN AFFILIATE OF THE WARRANTIES ARISING THROUGH COURSE OF DEALING PURDUE COMPANIES. IT IS HEREBY AGREED AND ACKNOWLEDGED BY IMPAX THAT THE PURDUE COMPANIES ARE GIVING NO GUARANTEE OR USAGE WARRANTY, EXPRESS OR IMPLIED, TO IMPAX IN TRADE; AND (4) THE WARRANTIES RELATING RELATION TO THE ACCURACY, RELIABILITY, CORRECTNESS, SAFETY OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL THERAPEUTIC EFFECTIVENESS OF THE ABOVE IMPLIED IMPAX PRODUCT. FURTHER, IMPAX WILL NOT OWE ANY SUCH GUARANTEE OR STATUTORY WARRANTIES WARRANTY TO APPLY TO YOU, ANY THIRD PARTIES ON BEHALF OF THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWPURDUE COMPANIES.

Appears in 3 contracts

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

Warranty Disclaimer. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT SITE AND ALL INFORMATION AND SERVICES AVAILABLE THROUGH THE PLATFORM. THE PLATFORM SITE ARE PROVIDED "AS IS", “," WITH ALL FAULTS,” , AND "AS AVAILABLE.” WITHOUT LIMITING ". TURNITIN, ITS AFFILIATES, VENDORS AND LICENSORS DO NOT WARRANT THAT THE GENERALITY 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 FOREGOINGSERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, WE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TURNITIN, ITS AFFILIATES, VENDORS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, STATUTORY IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES OF , CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES ARE ACCESSED AND USED OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT TURNITIN, WORKMANLIKE EFFORTITS AFFILIATES, TITLEVENDORS AND LICENSORS DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, QUIET ENJOYMENTWORMS, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESSTROJAN HORSES, OR COMPLETENESS OF OTHER UNDESIRABLE DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM SOFTWARE; OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES(II) UNAUTHORIZED USERS (e.g., EXPRESSHACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE USER'S DATA, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSESCOMPUTERS, OR UNINTERRUPTEDNETWORKS. IF APPLICABLE LAW DOES TURNITIN, ITS AFFILIATES, VENDORS AND LICENSORS SHALL NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOUBE RESPONSIBLE FOR SUCH ACTIVITIES. Turnitin is not obligated to, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWmonitor or review any areas of the Site where user Communications may be made available, including, but not limited to, chat rooms, bulletin 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, www.fsusd.org, cdn.scribbr.com

Warranty Disclaimer. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ALL PRODUCTS ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY DIGITAL SAMBA AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF THE FOREGOINGANY KIND, WE DISCLAIM ALL WARRANTIESINCLUDING ANY WARRANTY OF NON-INFRINGEMENT, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES OF MERCHANTABILITYTITLE, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTFUNCTIONALITY, TITLEOR MERCHANTABILITY, QUIET ENJOYMENTWHETHER EXPRESS, NO LIENS AND NO ENCUMBRANCES; (2) IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE WARRANTIES AGAINST INFRINGEMENTDURATION OF STATUTORILY REQUIRED WARRANTIES, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING IF ANY, SHALL BE LIMITED TO THE ACCURACYSHORTEST PERIOD PERMITTED BY LAW. DIGITAL SAMBA SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF DIGITAL SAMBA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER DIGITAL SAMBA NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, CORRECTNESSTIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF DATA ANY PRODUCTS OR ANY CONTENT MADE AVAILABLE ON THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE PLATFORM USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR OTHERWISE ERROR-FREE; (B) THE 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 SNAPPET. THERE IS NO WARRANTY THAT YOU THROUGH THE PLATFORM PRODUCTS) WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF EXPECTATIONS); (D) ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM STORED DATA WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES, VIRUSES OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWOTHER HARMFUL COMPONENTS.

Appears in 3 contracts

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

Warranty Disclaimer. YOUR USE EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY TERMS, REPRESENTATIONS, WARRANTIES OR CONDITIONS OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISKMERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT OR QUIET POSSESSION AND THOSE ARISING BY STATUTE OR IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIESCANNOT AND DO NOT REPRESENT, EXPRESS, STATUTORY WARRANT OR IMPLIED, INCLUDING, BUT NOT LIMITED TOCOVENANT THAT: (1A) ANY OF THE PRODUCTS WILL MEET PURCHASER’S BUSINESS OR OTHER REQUIREMENTS; (B) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCESPRODUCTS WILL OPERATE OR BE PROVIDED WITHOUT INTERRUPTION; (2C) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM PRODUCTS WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETEVIRUS-FREE OR THAT THE RESULTS OBTAINED FROM THEIR USE WILL BE ACCURATE, UP-TO-DATERELIABLE OR CURRENT (D) ANY ERRORS IN THE PRODUCTS CAN BE CORRECTED OR FOUND IN ORDER TO BE CORRECTED. MOREOVER, FREE WITHOUT LIMITING THE GENERALITY OF VIRUSESSECTION 13 (CONDITIONS AND EXCLUSIONS) WE DO NOT ENDORSE, AND MAKE NO REPRESENTATION, OR UNINTERRUPTED. IF APPLICABLE LAW DOES WARRANTY WITH RESPECT TO, AND ASSUME NO RESPONSIBILITY, OBLIGATION OR LIABILITY FOR, ANY NON-GEOTAB PRODUCTS, SOFTWARE, DATA OR SERVICES INCLUDING BUT NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES LIMITED TO APPLY TO YOUWIRELESS SERVICES, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWMAPPING SERVICES, POSTED ROAD SPEED SERVICES, INTERNET BANDWIDTH AND CLOUD STORAGE.

Appears in 3 contracts

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

Warranty Disclaimer. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ALL PRODUCTS ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY XPAND IT AND ITS RESELLERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF THE FOREGOINGANY KIND, WE DISCLAIM ALL WARRANTIESINCLUDING ANY WARRANTY OF NON-INFRINGEMENT, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES OF MERCHANTABILITYTITLE, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTFUNCTIONALITY, TITLEOR MERCHANTABILITY, QUIET ENJOYMENTWHETHER EXPRESS, NO LIENS AND NO ENCUMBRANCES; (2) IMPLIED, OR STATUTORY WITH REGARD TO THAT PRODUCTS. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE WARRANTIES AGAINST INFRINGEMENTDURATION OF STATUTORILY REQUIRED WARRANTIES, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING IF ANY, SHALL BE LIMITED TO THE ACCURACYSHORTEST PERIOD PERMITTED BY LAW. XPAND IT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF XPAND IT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER XPAND IT NOR ANY OF ITS THIRD-PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, CORRECTNESSTIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF DATA ANY PRODUCTS OR ANY CONTENT MADE AVAILABLE ON THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE PLATFORM USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR OTHERWISE ERROR-FREE; (B) THE 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 SNAPPET. THERE IS NO WARRANTY THAT YOU THROUGH THE PLATFORM PRODUCTS) WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF EXPECTATIONS); (D) ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM STORED DATA WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES, VIRUSES OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWOTHER HARMFUL COMPONENTS.

Appears in 3 contracts

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

Warranty Disclaimer. YOUR USE OF EXCEPT FOR ANY WARRANTY THAT MAY BE OFFERED BY ROCHE, THE PLATFORM TABLEAU SOFTWARE, INCLUDING WITHOUT LIMITATION THE THIRD-PARTY CODE, IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING TABLEAU MAKES NO WARRANTIES TO ANY PERSON OR ENTITY WITH RESPECT TO THE GENERALITY OF THE FOREGOING, WE DISCLAIM TABLEAU SOFTWARE AND DISCLAIMS ALL IMPLIED WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITYTITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE 7. Limitation of Damages and Remedies IN NO EVENT SHALL TABLEAU BE LIABLE UNDER CONTRACT, WORKMANLIKE EFFORTTORT, TITLESTRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, QUIET ENJOYMENTINCIDENTAL, NO LIENS AND NO ENCUMBRANCES; (2) SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) TABLEAU SOFTWARE. NOTWITHSTANDING ANYTHING IN THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING END USER AGREEMENT TO THE ACCURACYCONTRARY, RELIABILITYTHE TOTAL LIABILITY OF TABLEAU TO CUSTOMER, CORRECTNESSINCLUDING BUT NOT LIMITED TO DAMAGES OR LIABILITY ARISING OUT OF CONTRACT, TORT, BREACH OF WARRANTY, INFRINGEMENT OR COMPLETENESS OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE FEES PAID BY CUSTOMER WITH RESPECT TO THE TABLEAU SOFTWARE. TABLEAU SHALL NOT BE LIABLE FOR LOSS OR INACCURACY OF DATA DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR CONTENT MADE AVAILABLE ON SERVICES, SYSTEM DOWNTIME, GOODWILL, PROFITS OR OTHER BUSINESS LOSS, REGARDLESS OF LEGAL THEORY, EVEN IF TABLEAU HAS BEEN ADVISED OF THE PLATFORM OR OTHERWISE BY SNAPPETPOSSIBILITY OF SUCH DAMAGES. THERE IS NO WARRANTY THE PARTIES AGREE THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR LIMITATIONS OF THIS SECTION ARE ESSENTIAL AND THAT TABLEAU WOULD NOT PERMIT CUSTOMER TO USE THE NEEDS OR REQUIREMENTS TABLEAU SOFTWARE ABSENT THE TERMS OF THIS SECTION. THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY OTHER PERSON OR REMEDY SPECIFIED IN THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL END USER AGREEMENT SHALL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE FOUND TO HAVE FAILED OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWITS ESSENTIAL PURPOSE.

Appears in 3 contracts

Samples: License Agreement, License Agreement, Tableau Software End User Agreement

Warranty Disclaimer. YOUR USE OF EXCEPT AS EXPRESSLY SET FORTH IN THIS PATENT LICENSE AGREEMENT OR IN THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO SETTLEMENT AGREEMENT, NEITHER PARTY NOR THEIR AFFILIATES MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS"OF ANY KIND, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTOR NON-INFRINGEMENT, TITLEINCLUDING WITHOUT LIMITATION (1) FOR THE PURDUE COMPANIES, QUIET ENJOYMENTWITH RESPECT TO THE PURDUE PATENTS OR ANY LICENSE GRANTED BY ANY OF THE PURDUE COMPANIES HEREUNDER, NO LIENS AND NO ENCUMBRANCES; OR (2) ANY MATERIALS OR INFORMATION PROVIDED BY SUCH PARTY OR ANY OF ITS AFFILIATES UNDER THIS PATENT LICENSE AGREEMENT OR THE WARRANTIES AGAINST INFRINGEMENTSETTLEMENT AGREEMENT, MISAPPROPRIATION OR VIOLATION (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 WARRANTY THAT ANY PATENT, THE PRACTICE OF ANY INVENTION 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 OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THIRD PARTY WHO IS NOT AN AFFILIATE OF THE WARRANTIES ARISING THROUGH COURSE OF DEALING PURDUE COMPANIES. IT IS HEREBY AGREED AND ACKNOWLEDGED BY IMPAX THAT THE PURDUE COMPANIES ARE GIVING NO GUARANTEE OR USAGE WARRANTY, EXPRESS OR IMPLIED, TO IMPAX IN TRADE; AND (4) THE WARRANTIES RELATING RELATION TO THE ACCURACY, RELIABILITY, CORRECTNESS, SAFETY OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL THERAPEUTIC EFFECTIVENESS OF THE ABOVE IMPLIED IMPAX PRODUCT. FURTHER, IMPAX WILL NOT GIVE ANY SUCH GUARANTEE OR STATUTORY WARRANTIES WARRANTY TO APPLY TO YOU, ANY THIRD PARTIES ON BEHALF OF THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWPURDUE 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. YOUR USE OF THE PLATFORM SOFTWARE IS ENTIRELY AT YOUR OWN SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE SOFTWARE IS PROVIDED "ON AN “AS IS", ,” WITH ALL FAULTSWHERE AS,” AND “AS AVAILABLE.BASIS, WITH ALL FAULTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND WITHOUT LIMITING THE GENERALITY WARRANTIES OF THE FOREGOINGANY KIND, WE DISCLAIM ALL WARRANTIESEITHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, EXPRESSCOURSE OF DEALING, STATUTORY USAGE OF TRADE OR IMPLIEDOTHERWISE, INCLUDING, INCLUDING BUT NOT LIMITED TO: (1) THE , WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, TITLE, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS INCLUDING INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE RIGHTS, AND WARRANTIES ARISING THROUGH BY COURSE OF DEALING OR USAGE IN CUSTOM OF TRADE; AND . NO WARRANTY IS MADE THAT (4i) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM SOFTWARE WILL MEET YOUR NEEDS OR REQUIREMENTS OR REQUIREMENTS, (ii) ACCESS TO THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, SECURE OR ERROR-FREE, COMPLETE(iii) RESULTS THAT MAY BE OBTAINED THROUGH USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE, UP-TO-DATE, OR (iv) THE SOFTWARE IS OR WILL BE FREE OF VIRUSESVIRUSES OR OTHER HARMFUL COMPONENTS; AND OJ ELECTRONICS DISCLAIMS ANY LIABILITY RELATING THERETO. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT OJ ELECTRONICS, ITS SUBSIDIARIES, AFFILIATES, AGENTS, AND/OR REPRESENTATIVES SHALL NOT IN ANY EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR UNINTERRUPTEDSIMILAR DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE OR THE PRODUCT, PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE OR PRODUCT, ERRORS, 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 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 YOU RESIDE IN A JURISDICTION THAT DOES NOT ALLOW THE WAIVE OF ALL CLAIMS IN THE MANNER SET OUT ABOVE, IN NO EVENT SHALL OJ ELECTRONICS’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING 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 THE EXCLUSION OF SOME ALL OR ALL ANY PART OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES EXCLUSIONS AND LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE ABOVE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 3 contracts

Samples: License Agreement, License Agreement, User License Agreement

Warranty Disclaimer. YOUR USE BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE CONTRIBUTOR NOR MULTEX MAKE NO REPRESENTATIONS ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES ABOUT OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE PLATFORMSERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE PLATFORM REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS", “" WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING NO WARRANTIES WHATSOEVER. NEITHER THE GENERALITY CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY SOFTWARE SHALL BE UNINTERRUPTED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO ERROR FREE NOR GUARANTEE THE ACCURACY, RELIABILITY, CORRECTNESS, VALIDITY OR COMPLETENESS OF DATA THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR CONTENT MADE AVAILABLE ON THE PLATFORM OTHER DAMAGES, COSTS OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS EXPENSES OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSESKIND ARISING FROM THIS AGREEMENT, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME BLP'S RECEIPT, USE OF, OR ALL OF THE ABOVE IMPLIED DELAY IN RECEIVING OR STATUTORY WARRANTIES FAILURE TO APPLY TO YOURECEIVE, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWREPORTS. Multex's and its Contributors shall not have any obligation or liability to BLP or any third party relating to, or arising (i) the supplying, furnishing or the failure to supply or furnish the Reports (including the information contained therein) or Services, (ii) errors or omissions in connecting, routing, processing, transmitting, distributing or displaying the Reports, or (iii) the accuracy of the Reports or securities or commodities information and prices, and related market and statistical information and prices displayed, carried or furnished by or through the Services. Multex and Contributors shall not have any liability for damages, direct or indirect, special, consequential, compensatory, lost profits, for any defaults arising out of this Agreement. Multex maximum liability hereunder for any other cause not exculpated hereunder, whether in tort or contract, shall not exceed the actual damages. Multex may discontinue and terminate providing all or a portion of the Reports upon ten (10) days prior notice (or such shorter notice if the Contributor so directs) (i) if the Contributor of such Reports notifies and directs Multex to discontinue or terminate providing the Reports, (ii) BLP has breached its agreement with the Contributor, (iii) Contributor has terminated its agreement with BLP, (iv) Contributor discontinues offering such Reports, (v) Contributor, for whatever reason, directs Multex to discontinue providing the Reports to BLP, (vi) BLP has not received authorization from Contributor to receive the Reports, and (vii) Contributor terminates its agreement with Multex. BLP recognizes and understands that Multex cannot and does not guarantee in any way, the content, timeliness, or availability of the Reports or Services. Accordingly, BLP agrees that Multex shall not have any obligation or liability to BLP (whether caused directly or indirectly) relating to or arising out of (i) the interruption, delay or failure in connecting, transmitting, routing, delivery, or distributing the Services or Reports, (ii) errors in connecting, transmitting, processing, disseminating, furnishing, displaying or distributing the Reports or Services, (iii) the unavailability of Reports or Services, (iv) the accuracy of the Reports (including the securities, pricing or commodities information contained therein) or the accuracy of the Reports as may be displayed, furnished or transmitted by or through the Services, (v) errors in entitling BLP with Reports that BLP is not entitled to receive or the failure to entitle BLP, (vi) the acts or omissions of the Contributors, including the termination or discontinuance of the Reports by Contributors to Multex or BLP. Multex's sole liability to BLP or any Third Party for claims, notwithstanding the form of such claims (e.g., contract, negligence or otherwise), arising out of items (i) through (vi) above, shall be to use reasonable efforts to resume the Services, make the Services or Reports available to BLP or correct any errors as promptly as reasonably and feasibly practicable.

Appears in 3 contracts

Samples: Multex Systems Inc, Multex Com Inc, Multex Systems Inc

Warranty Disclaimer. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM PRODUCTS ARE PROVIDED DURING THE EVALUATION PERIOD ON AN "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL " BASIS. PHOENIX MAKES NO WARRANTIES, EXPRESS, STATUTORY EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) , THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE 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 PROVISION, EVALUATION SOFTWARE IS PROVIDED "AS IS", “AS-AVAILABLE”, WITHOUT WARRANTY, REPRESENTATION OR INDEMNITY OF ANY KIND, EXPRESS, IMPLIED, ORAL, WRITTEN, STATUTORY, OR OTHERWISE, INCLUDING WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR ANY PURPOSE, WORKMANLIKE EFFORTOR NON- INFRINGEMENT; OR FOR THE USE, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACYSUFFICIENCY, RELIABILITY, CORRECTNESSTIMELINESS, QUALITY, SECURITY, SUITABILITY, TRUTH, AVAILABILITY, COMPLETENESS OR COMPLETENESS ACCURACY OF EVALUATION SOFTWARE. PHOENIX IS NOT LIABLE FOR LOSS OF DATA OR CONTENT MADE AVAILABLE ON ANY DAMAGES, DIRECT OR INDIRECT, RESULTING FROM USE OR ATTEMPTED USE OF EVALUATION SOFTWARE, THROUGH AND AFTER THE PLATFORM EVALUATION TESTING PERIOD. PHOENIX DISCLAIMS LIABILITY FOR ANY PARTY’S ACT OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY OMISSION IN USE OF OR RELIANCE UPON EVALUATION SOFTWARE, OR THAT THE PLATFORM QUALITY OF ANY INFORMATION, DATA, RESULTS OR MATERIAL OBTAINED THROUGH EVALUATION SOFTWARE WILL MEET YOUR NEEDS OR LICENSEE’S REQUIREMENTS OR THE NEEDS EXPECTATIONS; ERRORS OR REQUIREMENTS OF ANY OTHER PERSON DEFECTS WILL BE CORRECTED; OR THE NEEDS SERVICE OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, SERVER USED TO PROVIDE HOSTED SERVICE IS FREE OF VIRUSESVIRUSES OR OTHER HARMFUL COMPONENTS. HOSTED SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. PHOENIX IS NOT RESPONSIBLE FOR RESULTING DELAYS, DELIVERY FAILURE, OR UNINTERRUPTEDDAMAGES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME LICENSEE HAS SOLE RESPONSIBILITY FOR FULFILLING ANY REQUIREMENTS OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWACCOMPLISHING ANY OBJECTIVES FOR WHICH LICENSEE USES EVALUATION SOFTWARE.

Appears in 3 contracts

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

Warranty Disclaimer. YOUR USE OF To the maximum extent permitted by applicable law, and except for the limited warranty set forth herein, THE PLATFORM SOFTWARE (AND ACCOMPANYING DOCUMENTATION) IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "ON AN “AS IS"” BASIS WITHOUT WARRANTY OF ANY KIND, “WITH ALL FAULTS,” AND “AS AVAILABLE.” EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF FOREGOING PROVISIONS, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE FOREGOINGSOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, WE DISCLAIM AND SOLE RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, SAGE 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, SAGE DISCLAIMS ALL WARRANTIESWARRANTIES AND CONDITIONS, EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDINGOR STATUTORY, INCLUDING BUT NOT LIMITED TO: TO ANY (1IF ANY) THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF LACK OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SOFTWARE AND ASSOCIATED DOCUMENTATION. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENTQUIET POSSESSION, MISAPPROPRIATION CORRESPONDENCE TO DESCRIPTION, OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING NON-INFRINGEMENT WITH REGARD TO THE ACCURACYSOFTWARE. THE ENTIRE RISK OF THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE, RELIABILITYIF ANY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE REMAINS SOLELY WITH YOU. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO IMPLIED WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF SO THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO LIMITATION MAY NOT APPLY TO YOU, . THE ABOVE EXCLUSIONS WILL APPLY TO YOU FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 3 contracts

Samples: End User License Agreement for Easypay, Software Asia, End User License Agreement

Warranty Disclaimer. YOUR EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 6 OR 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 PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM BLUECAT OFFERINGS, ANCILLARY SERVICE SOFTWARE, APPLIANCES, MANAGED SERVICES, HOSTED SERVICES AND PROFESSIONAL SERVICES ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING ”. TO THE GENERALITY OF THE FOREGOINGMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM BLUECAT HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, EXPRESSCONDITIONS AND GUARANTEES, STATUTORY EXPRESS OR IMPLIEDIMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES , ANY IMPLIED WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST NON- INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACYCURRENCY, RELIABILITY, CORRECTNESSSECURITY, OR COMPLETENESS UNINTERRUPTED USE. NO WRITTEN OR ORAL INFORMATION OR ADVICE GIVEN BY BLUECAT WILL CREATE ANY REPRESENTATION, WARRANTY OR CONDITION. WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, BLUECAT EXPRESSLY DISCLAIMS ANY REPRESENTATION, CONDITION OR WARRANTY THAT ANY DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS INFORMATION PROVIDED TO CUSTOMER IN CONNECTION WITH CUSTOMER’S USE OF ANY OTHER PERSON OF THE BLUECAT OFFERINGS, ANCILLARY SERVICE SOFTWARE, APPLIANCES, MANAGED SERVICES, HOSTED SERVICES OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, PROFESSIONAL SERVICES IS ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME CAN OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED SHOULD BE RELIED UPON BY APPLICABLE LAWCUSTOMER FOR ANY PURPOSE WHATSOEVER.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

Warranty Disclaimer. YOUR USE OF 8.1 BANK WARRANTS THAT THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE SERVICES PERFORMED UNDER THIS SS AGREEMENT SHALL BE PERFORMED IN A PROFESSIONAL AND WORKMANLIKE MANNER CONSISTENT WITH STANDARDS IN THE SOFTWARE SERVICES INDUSTRY, AS APPLICABLE, BUT MAKES NO OTHER REPRESENTATIONS OR WARRANTIES ABOUT OF ANY NATURE WITH RESPECT TO THE PLATFORMSUBJECT MATTER OF THIS SS AGREEMENT. THE PLATFORM BANK’S OBLIGATIONS AND LIABILITIES AND YOUR RIGHTS AND REMEDIES SET FORTH IN THIS SS AGREEMENT ARE EXCLUSIVE. BANK AND ITS LICENSORS HEREBY DISCLAIM, AND YOU WAIVE AND RELEASE BANK, ITS LICENSORS, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY OTHER REPRESENTATIONS, WARRANTIES OF ANY NATURE, OBLIGATIONS AND LIABILITIES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY AND ALL DOCUMENTS, SERVICES, INFORMATION, ASSISTANCE, SOFTWARE, OR OTHER MATTERS PROVIDED "AS IS"UNDER THIS SS AGREEMENT, INCLUDING, WITHOUT LIMITATION, (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION OR OTHER IMPLIED CONTRACTUAL WARRANTY; (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (C) ANY WARRANTIES OF TIMELINESS OR NON-INFRINGEMENT; AND (D) ANY OTHER WARRANTY WITH ALL FAULTS,” AND “AS AVAILABLE.” RESPECT TO QUALITY, ACCURACY OR FREEDOM FROM ERROR. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIESNEITHER BANK, EXPRESS, STATUTORY ITS SERVICE PROVIDERS NOR ITS LICENSORS WARRANT THAT OPERATION OF THE SOFTWARE OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM RDC SERVICE WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, THAT ITS OPERATION WILL BE UNINTERRUPTED OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME THAT ALL DEFICIENCIES OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS ERRORS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWBE CORRECTED.

Appears in 3 contracts

Samples: Ss Agreement, Ss Agreement, Ss Agreement

Warranty Disclaimer. YOUR USE OF EXCEPT FOR THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR EXPRESS WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS"SPECIFIED ABOVE IN SECTION 12.1 AND 12.2, “WITH DYNATRACE DISCLAIMS ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGOTHER WARRANTIES, WE DISCLAIM ALL WARRANTIESWHETHER WRITTEN, ORAL, EXPRESS, STATUTORY OR IMPLIED, INCLUDINGOR STATUTORY, BUT NOT LIMITED TO: (1) INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTAND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT FACTORS SUCH AS CHANGES TO CUSTOMER’S MONITORING PROFILE, TITLENETWORK ISSUES, QUIET ENJOYMENTVERSIONS OF CUSTOMER APPLICATIONS, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENTCORRUPTED, MISAPPROPRIATION INCOMPLETE AND/OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO INTERRUPTED DATA RECEIVED BY DYNATRACE FROM CUSTOMER’S SITE(S), MAY HAVE A MATERIAL IMPACT ON THE ACCURACY, RELIABILITY, CORRECTNESSAVAILABILITY AND/OR TIMELINESS OF RESULTS, AND DYNATRACE SHALL NOT BE RESPONSIBLE FOR ANY SUCH FACTORS. DYNATRACE DOES NOT WARRANT THAT: (A) THE USE OF ANY DYNATRACE PRODUCT OR COMPLETENESS OF DATA DELIVERABLES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR CONTENT MADE AVAILABLE ON DATA; (B) THE PLATFORM PRODUCTS OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT DELIVERABLES OR ANY INFORMATION OBTAINED THROUGH THE PLATFORM PRODUCTS OR DELIVERABLES WILL MEET YOUR NEEDS OR CUSTOMER’S REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF EXPECTATIONS; (C) ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM STORED CUSTOMER DATA WILL BE TIMELY, SECURE, ACCURATEACCURATE OR RELIABLE; OR (D) THE PRODUCTS OR DELIVERABLES WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, COMPLETEOR THAT ERRORS OR DEFECTS THEREIN WILL BE CORRECTED. DYNATRACE IS NOT RESPONSIBLE FOR THE IMPACT ON THE ACCURACY, UP-TO-DATERELIABILITY, FREE AVAILABILITY AND/OR TIMELINESS OF VIRUSESRESULTS 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 ELECTRONIC COMMUNICATIONS. DYNATRACE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWOTHER DAMAGES RESULTING FROM SUCH PROBLEMS.

Appears in 2 contracts

Samples: Master Subscription Agreement, Master Subscription Agreement

Warranty Disclaimer. YOUR USE 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 PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORMPAYMENT CARD INDUSTRY DATA SECURITY STANDARD NOT OTHERWISE SET FORTH IN A SERVICE ORDER. THE PLATFORM WARRANTIES SET FORTH HEREIN AND THOSE SPECIFIED FOR INDIVIDUAL CARAHSOFT PRODUCTS AND SERVICESS IN EACH APPLICABLE SERVICE ORDER ARE PROVIDED "AS IS", “WITH THE EXCLUSIVE WARRANTIES FROM CARAHSOFT AND REPLACE ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESSINCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. CARAHSOFT’S WARRANTIES WILL NOT APPLY IF THERE HAS BEEN MISUSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESSMODIFICATION, OR COMPLETENESS OF DATA DAMAGE NOT CAUSED BY CARAHSOFT OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE ITS SUBCONTRACTORS, FAILURE TO COMPLY WITH INSTRUCTIONS PROVIDED BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSESXXXXXXXXX, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWAS OTHERWISE STATED IN CARAHSOFT’S PUBLISHED POLICY.

Appears in 2 contracts

Samples: N1 Service Agreement, N2 Service Agreement

Warranty Disclaimer. YOUR USE OF EXCEPT FOR THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE WARRANTY EXPLICITLY SET FORTH ON XXX.XXXXXXX.XXX/XXXXX TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER SANGOMA, NOR ITS THIRD-PARTY LICENSORS OR SUPPLIERS, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES MAKE NO ANY REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS"OF ANY KIND TO YOU OR ANY END USER, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE TO WARRANTIES OR REPRESENTATIONS OF MERCHANTABILITYMERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST OR NON-INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING EXCEPT TO THE ACCURACYEXTENT OTHERWISE SPECIFICALLY AGREED IN WRITING BY SUCH PERSON OR ENTITY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, RELIABILITYIN NO EVENT SHALL SANGOMA, CORRECTNESSITS THIRD PARTY LICENSORS OR SUPPLIERS, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILLIATES OR LICENSORS BE LIABLE TO YOU FOR ANY INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, OR COMPLETENESS 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 DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER WHETHER SUCH PERSON OR ENTITY SHALL BE ADVISED OR HAVE REASON TO KNOW OF THE NEEDS POSSIBLITY OF SUCH DAMAGES, EXEPT TO THE EXTENT OTHERWISE AGREED IN WRITING BY SUCH PERSON OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATIONENTITY. WE MAKE NO WARRANTIESSOME COUNTRIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSESSTATES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES PROVINCES DO NOT ALLOW FOR THE EXCLUSION OF SOME IMPLIED WARRANTIES OR ALL THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CERTAIN PRODUCTS APPLIED TO CONSUMERS, OR THE LIMITATION FOR PERSONAL INJURY, SO THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY LIMITATIONS AND EXCLUSIONS MAY BE LIMITED IN THEIR APPLICATION TO YOU. IF THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THE ABOVE EXCLUSIONS THEY WILL APPLY TO YOU BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWDURATION OF XXXXXXX’S WARRANTY AVAILABLE IN THE WARRANTY, RETURN, AND SHIPPING POLICY AVAILABLE ON XXX.XXXXXXX.XXX/XXXXX.

Appears in 2 contracts

Samples: License Agreement, End User License Agreement

Warranty Disclaimer. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ALL PRODUCTS ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY AYFIE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS OF THE FOREGOINGANY KIND, WE DISCLAIM ALL WARRANTIESINCLUDING ANY WARRANTY OF NON- INFRINGEMENT, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES OF MERCHANTABILITYTITLE, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTFUNCTIONALITY, TITLEOR MERCHANTABILITY, QUIET ENJOYMENTWHETHER EXPRESS, NO LIENS AND NO ENCUMBRANCES; (2) IMPLIED, OR STATUTORY. THE WARRANTIES AGAINST INFRINGEMENTEND USER MAY HAVE OTHER STATUTORY RIGHTS, MISAPPROPRIATION OR VIOLATION BUT THE DURATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ACCURACYSHORTEST PERIOD PERMITTED BY LAW. AYFIE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF AYFIE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER AYFIE NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, CORRECTNESSTIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF DATA ANY PRODUCTS OR ANY CONTENT MADE AVAILABLE ON THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS USE OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM PRODUCTS WILL BE SECURE, TIMELY, SECURE, ACCURATE, UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, COMPLETESOFTWARE, UP-TO-DATE, FREE OF VIRUSESSYSTEM, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW DATA; (C) THE EXCLUSION OF SOME PRODUCTS (OR ALL OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE ABOVE IMPLIED END USER THROUGH THE PRODUCTS) SHALL MEET THE END USER’S REQUIREMENTS OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.EXPECTATIONS);

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Warranty Disclaimer. YOUR EXCEPT AS 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 ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED. GDI, ITS SUPPLIERS, AND LICENSORS SPECIFICALLY DISCLAIM ANY OTHER WARRANTIES AND REMEDIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISKREASONABLE SKILL AND CARE; ANY IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; AND ANY WARRANTIES RELATING TO SECURITY. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIESGDI MAKES NO WARRANTY, EXPRESSIMPLIED OR OTHERWISE, STATUTORY REGARDING THE PERFORMANCE OR IMPLIEDRELIABILITY OF ANY OTHER PRODUCTS, INCLUDINGSERVICES, BUT NOT LIMITED TO: OR ANY THIRD PARTY PRODUCTS (1SOFTWARE OR HARDWARE) OR SERVICES. THERE IS NO WARRANTY OR REPRESENTATION THAT THE WARRANTIES OPERATION OF MERCHANTABILITYTHE PRODUCT WILL BE UNINTERRUPTED, FITNESS FOR A PARTICULAR PURPOSEFAULT- TOLERANT, WORKMANLIKE EFFORTSECURE, TITLEOR ERROR-FREE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) OR THAT THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION PRODUCT WILL BE FREE FROM DEFECTS OR INFRINGEMENT OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS RIGHT OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING THIRD PARTY. TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST 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, (1) 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 NO REFUNDS, RETURNS, EXCHANGES, OR REPLACEMENTS. GDI MAKES NO WARRANTY, IMPLIED OR OTHERWISE, REGARDING THE PERFORMANCE OR RELIABILITY OF ANY THIRD PARTY HARDWARE PRODUCTS, AND GDI WILL PASS THROUGH ANY THIRD PARTY WARRANTY TO CUSTOMER AS PERMITTED.

Appears in 2 contracts

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

Warranty Disclaimer. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM AMERILYZER AND DOCUMENTATION ARE PROVIDED "TO AUTHORIZED USER “AS IS", “” AND WITH ALL FAULTS,” FAULTS AND “AS AVAILABLE.” DEFECTS WITHOUT LIMITING WARRANTY OF ANY KIND. TO THE GENERALITY MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AMERILIFE, ON ITS OWN BEHALF AND ON BEHALF OF THE FOREGOINGITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, WE DISCLAIM EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, STATUTORY IMPLIED, STATUTORY, OR IMPLIEDOTHERWISE, WITH RESPECT TO THE AMERILYZER AND DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO: (1) THE WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST NON-INFRINGEMENT, MISAPPROPRIATION AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR VIOLATION TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE AMERILIFE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY INTELLECTUAL PROPERTY KIND THAT AMERILYZER WILL MEET THE AUTHORIZED USER’S REQUIREMENTS, MEET THE REQUIREMENTS OF THE FIDUCIARY RULE OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING OTHER APPLICABLE LAW RELATED TO THE ACCURACYSALE OF INSURANCE PRODUCTS, RELIABILITYACHIEVE ANY INTENDED RESULTS, CORRECTNESSBE COMPATIBLE, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF WORK WITH ANY OTHER PERSON SOFTWARE, APPLICATIONS, SYSTEMS, OR THE NEEDS SERVICES, OPERATE WITHOUT INTERRUPTION, TIMELY, MEET ANY PERFORMANCE OR REQUIREMENTS SET FORTH IN RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY ERRORS OR IMPLIED THAT THE PLATFORM DEFECTS CAN OR WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWCORRECTED.

Appears in 2 contracts

Samples: Accessing Amerilyzer, pip1.com

Warranty Disclaimer. YOUR USE PURCHASER ACKNOWLEDGES AND AGREES THAT EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3 HEREOF, NEITHER SELLERS NOR ANY OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO THEIR AFFILIATES (NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES) HAVE MADE AND, AND NONE OF THEM SHALL BE DEEMED TO HAVE MADE, ANY REPRESENTATIONS OR WARRANTIES ABOUT OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, EITHER HEREIN OR OTHERWISE, AS TO THE PLATFORMBUSINESS (INCLUDING IN RESPECT OF ITS FINANCIAL PERFORMANCE), THE 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, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR QUALITY, 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 OTHER MATERIALS (INCLUDING AS TO THE ACCURACY OR COMPLETENESS THEREOF) PROVIDED TO OR 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, EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 3 HEREOF, EACH AND EVERY SUCH OTHER REPRESENTATION OR WARRANTY IS HEREBY EXPRESSLY DISCLAIMED. THE PLATFORM ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGFOREGOING AND, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS EXCEPT AS EXPRESSLY SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOUTHIS AGREEMENT, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO ASSETS ARE BEING SOLD, CONVEYED, TRANSFERRED, ASSIGNED AND DELIVERED AND THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWASSUMED LIABILITIES ARE BEING ASSUMED “AS IS” AND “WHERE IS”.

Appears in 2 contracts

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

Warranty Disclaimer. YOUR USE OF EXCEPT FOR THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR EXPRESS WARRANTIES ABOUT THE PLATFORM. THE PLATFORM SET FORTH HEREIN, ALL OFFERINGS ARE PROVIDED "AS ON AN “AS-IS", “WITH ALL FAULTS,” AND “AS AS-AVAILABLE.BASIS WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE ANY WARRANTIES OF MERCHANTABILITYANY KIND, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, EXTRAHOP AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS INCLUDING ANY WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTFUNCTIONALITY, TITLEMERCHANTABILITY, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST OR NON-INFRINGEMENT, MISAPPROPRIATION WHETHER EXPRESS OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPETIMPLIED. THERE IS EXTRAHOP MAKES NO WARRANTY THAT THE PLATFORM OFFERINGS WILL OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSESCUSTOMER’S REQUIREMENTS, OR UNINTERRUPTEDBE SECURE OR ERROR FREE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOUHOWEVER, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST FULL EXTENT PERMITTED BY APPLICABLE LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE STATUTORILY REQUIRED WARRANTY PERIOD. CUSTOMER UNDERSTANDS AND AGREES THAT IT SECURITY AND PERFORMANCE ARE INHERENTLY COMPLEX AND THAT EXTRAHOP DOES NOT GUARANTEE OR WARRANT THAT ITS OFFERINGS WILL COMPLETELY OR ACCURATELY ALERT CUSTOMER TO ALL ANOMALIES, INTRUSIONS, ATTACKS, OR OTHER SECURITY VULNERABILITIES WHICH MAY BE PRESENT, OCCURRING OR POSSIBLE IN THE CUSTOMER’S NETWORK. THE OFFERINGS ARE NOT DESIGNED OR INTENDED FOR USE IN APPLICATIONS WHERE FAILURE COULD RESULT IN DEATH, SEVERE INJURY OR PROPERTY DAMAGE, SUCH AS AIRCRAFT NAVIGATION, AIR TRAFFIC CONTROL, NUCLEAR FACILITIES, OR LIFE SUPPORT.

Appears in 2 contracts

Samples: Master Customer Agreement, Master Customer Agreement

Warranty Disclaimer. YOUR USE OF EXCEPT FOR THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR EXPRESS WARRANTIES ABOUT THE PLATFORM. THE PLATFORM SET FORTH HEREIN, ALL OFFERINGS ARE PROVIDED "AS ON AN “AS-IS", “WITH ALL FAULTS,” AND “AS AS-AVAILABLE.BASIS WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE ANY WARRANTIES OF MERCHANTABILITYANY KIND, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, EXTRAHOP AND ITS SUPPLIERS, SERVICE PROVIDERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS INCLUDING ANY WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTFUNCTIONALITY, TITLEMERCHANTABILITY, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST OR NON-INFRINGEMENT, MISAPPROPRIATION WHETHER EXPRESS OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPETIMPLIED. THERE IS EXTRAHOP MAKES NO WARRANTY THAT THE PLATFORM OFFERINGS WILL OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSESCUSTOMER’S REQUIREMENTS, OR UNINTERRUPTEDBE SECURE OR ERROR FREE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOUHOWEVER, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST FULL EXTENT PERMITTED BY APPLICABLE LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE STATUTORILY REQUIRED WARRANTY PERIOD. CUSTOMER UNDERSTANDS AND AGREES THAT I.T. SECURITY AND PERFORMANCE ARE INHERENTLY COMPLEX AND THAT EXTRAHOP DOES NOT GUARANTEE OR WARRANT THAT ITS OFFERINGS WILL COMPLETELY OR ACCURATELY ALERT CUSTOMER TO ALL ANOMALIES, INTRUSIONS, ATTACKS, OR OTHER SECURITY VULNERABILITIES WHICH MAY BE PRESENT, OCCURRING OR POSSIBLE IN THE CUSTOMER’S NETWORK. THE OFFERINGS ARE NOT DESIGNED OR INTENDED FOR USE IN APPLICATIONS WHERE FAILURE COULD RESULT IN DEATH, SEVERE INJURY OR PROPERTY DAMAGE, SUCH AS AIRCRAFT NAVIGATION, AIR TRAFFIC CONTROL, NUCLEAR FACILITIES, OR LIFE SUPPORT.

Appears in 2 contracts

Samples: Master Customer Agreement, Master Customer Agreement

Warranty Disclaimer. YOUR USE OF EXCEPT FOR THE PLATFORM IS ENTIRELY AT YOUR OWN RISKLIMITED WARRANTY IN SECTION 11.1, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, CLUBWORKS, INC. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM PRODUCTS AND ALL SERVICES ARE PROVIDED "AS IS", “” AND WITH ALL FAULTS,” . CLUBWORKS, INC. AND “AS AVAILABLE.” WITHOUT LIMITING MEDALLIA: (I) DO NOT REPRESENT OR WARRANT THAT THE GENERALITY (A) CLUBWORKS, INC. PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR FREE, (B) ANY CLUB OWNER CONTENT, CLUBWORKS, INC. PRODUCTS DATA, OR OTHER STORED DATA WILL BE ACCURATE, OR NON-CORRUPTED, OR (C) THAT CLUBWORKS, INC. PRODUCTS WILL BE FREE OF THE FOREGOING, WE ANY VIRUSES OR MALICIOUS CODE WHICH CANNOT BE DETECTED USING COMMERCIALLY AVAILABLE PRODUCTS AND (II) SPECIFICALLY DISCLAIM ANY AND ALL OTHER WARRANTIES, EXPRESS, STATUTORY EITHER EXPRESS OR IMPLIED, WITH RESPECT TO CLUBWORKS, INC. PRODUCTS. CLUBWORKS, INC. PRODUCTS DATA, OR OTHER STORED DATA AND ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO: (1) THE , IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION REGARDLESS OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS KNOWLEDGE OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING CLUB OWNER’S PARTICULAR NEEDS. CLUB OWNER MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST FULL EXTENT PERMITTED BY APPLICABLE LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE LIMITED WARRANTY PERIOD. NEITHER CLUBWORKS, INC. NOR MEDALLIA SHALL BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF CLUBWORKS, INC., EXCEPT AS OTHERWISE STATED HEREIN. CLUBWORKS, INC. AND MEDALLIA MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE STATISTICAL SIGNIFICANCE OF CLUBWORKS, INC. PRODUCTS DATA OR ANY OTHER INFORMATION PROVIDED BY OR DERIVED FROM CLUBWORKS, INC. PRODUCTS OR THE SUITABILITY OF THIS DATA FOR USE IN ANY WAY, INCLUDING WITHOUT LIMITATION, TO MAKE BUSINESS, ECONOMIC, EMPLOYMENT, FRANCHISE OR PROMOTIONAL DECISIONS. IT IS CLUB OWNER’S SOLE RESPONSIBILITY TO DETERMINE THE SUITABILITY OF THE CLUBWORKS, INC. PRODUCTS DATA FOR ALL USES.

Appears in 2 contracts

Samples: mxmetrics.com, mxmetrics.com

Warranty Disclaimer. YOUR THE PLATFORM, BUYER DATA, AND ASSESSMENTS ARE PROVIDED TO SUPPLIER AND ITS USERS SOLELY AND EXCLUSIVE ON AN “AS IS” WITHOUT WARRANTIES OF ANY KIND. SUPPLIER ASSUMES ALL RISKS AND LIABILITIES PERTAINING TO ITS USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISKAND ITS COMMERCIAL OR BUSINESS RELATIONSHIP WITH THE BUYER. WE MAKE SUPPLYSHIFT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESSEXPRESS OR IMPLIED, STATUTORY OR IMPLIEDOTHERWISE, INCLUDING, INCLUDING BUT NOT LIMITED TO: (1) THE TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST OR NON-INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY SUPPLYSHIFT DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS USE OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR- FREE, TIMELY, OR SECURE. SUPPLYSHIFT SHALL NOT BE LIABLE FOR DELAYS, ACCURATEINTERRUPTIONS, ERRORPLATFORM FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE 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 LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. SUPPLYSHIFT IS NOT A PARTY TO, A THIRD-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSESPARTY BENEFICIARY OF, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION A GUARANTOR OF SOME PERFORMANCE WITH RESPECT TO ANY BUYER OR ALL OF THE ABOVE IMPLIED SUPPLIER OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWANY TRANSACTION BETWEEN A BUYER AND ANY SUPPLIER.

Appears in 2 contracts

Samples: Platform Access Agreement, Platform Access Agreement

Warranty Disclaimer. YOUR USE OF TO THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR WARRANTIES ABOUT PROVIDED BY THE PLATFORM. THE PLATFORM APPLICATION (“SERVICES”) ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” ”, WITH ALL FAULTS AND WITHOUT LIMITING WARRANTY OF ANY KIND, AND N21 HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GENERALITY OF THE FOREGOINGAPPLICATION AND ANY SERVICES, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS, STATUTORY IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO: (1) , THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTOF ACCURACY, TITLE, OF QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) FREEDOM FROM PATENT INFRINGEMENT OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. N21 DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WARRANTIES AGAINST INFRINGEMENTAPPLICATION, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THAT THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESSFUNCTIONS CONTAINED IN, OR COMPLETENESS OF DATA SERVICES PERFORMED OR CONTENT MADE AVAILABLE ON PROVIDED BY, THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM APPLICATION WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIESREQUIREMENTS, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM OPERATION OF THE APPLICATION OR SERVICES WILL BE TIMELY, SECURE, ACCURATE, UNINTERRUPTED OR ERROR-FREE, COMPLETEOR 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, UP-TO-DATEYOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, FREE OF VIRUSES, REPAIR OR UNINTERRUPTEDCORRECTION. IF APPLICABLE LAW DOES SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF SOME IMPLIED WARRANTIES OR ALL LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO EXCLUSION AND 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 APPLICATION AND THAT, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOBILE PLATFORM OPERATORS HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION, AND/OR ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES 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. YOUR USE OF TO THE PLATFORM MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE SOFTWARE (AND ACCOMPANYING DOCUMENTATION) IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "ON AN “AS IS"” BASIS WITHOUT WARRANTY OF ANY KIND, “WITH ALL FAULTS,” AND “AS AVAILABLE.” EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF FOREGOING PROVISIONS, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE FOREGOINGSOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, WE DISCLAIM AND SOLE RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND 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 WARRANTIESWARRANTIES AND CONDITIONS, EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDINGOR STATUTORY, INCLUDING BUT NOT LIMITED TO: TO ANY (1IF ANY) THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF LACK OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SOFTWARE AND ASSOCIATED DOCUMENTATION. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENTQUIET POSSESSION, MISAPPROPRIATION CORRESPONDENCE TO DESCRIPTION, OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING NON-INFRINGEMENT WITH REGARD TO THE ACCURACYSOFTWARE. THE ENTIRE RISK OF THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE, RELIABILITYIF ANY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE REMAINS SOLELY WITH YOU. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO IMPLIED WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF SO THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO LIMITATION MAY NOT APPLY TO YOU, . THE ABOVE EXCLUSIONS WILL APPLY TO YOU FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 2 contracts

Samples: End User License Agreement, User License Agreement

Warranty Disclaimer. YOUR USE OF EXCEPT FOR THE PLATFORM LIMITED WARRANTY SET FORTH HEREIN, THE PRODUCT IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS"" AND THREATMODELER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, “WITH ALL FAULTS,” CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THREATMODELER, ITS SUPPLIERS AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGAUTHORIZED PATNERS MAKE NO WARRANTY, WE DISCLAIM ALL WARRANTIESCONDITION, EXPRESSREPRESENTATION, STATUTORY OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, WORKMANLIKE EFFORTAND FOR THE INSTALLATION OF, TITLEUSE OF, QUIET ENJOYMENTAND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS THREATMODELER MAKES NO WARRANTY THAT THE PLATFORM PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWREQUIREMENTS.

Appears in 2 contracts

Samples: License Agreement, License Agreement

Warranty Disclaimer. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM EXCEPT AS PROVIDED IN SECTION 12 (LIMITED WARRANTY), MATCHBOOK AND ANY REPORTS GENERATED FROM MATCHBOOK ARE PROVIDED "AS “AS-IS", ” AND AS-AVAILABLE,” WITH ALL FAULTS,” , AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY WARRANTY OF THE FOREGOING, WE DISCLAIM ANY KIND. SBIS SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSGUARANTIES, STATUTORY CONDITIONS OR REPRESENTATIONS OF ANY KIND (EXPRESS OR IMPLIED, ORAL OR WRITTEN) INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES , ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST ACCURACY, QUALITY OF INFORMATION, TITLE/NON-INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING AND THOSE ALLEGED TO ARISE BY A CUSTOM OR USAGE IN A TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS BY COURSE OF DATA DEALING. SBIS MAKES NO REPRESENTATION OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT MATCHBOOK OR ANY REPORT GENERATED FROM MATCHBOOK IS FIT FOR ANY PARTICULAR PURPOSE OR THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OPERATION OF MATCHBOOK, OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIESUNDERLYING VALUATION TOOLS, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, UNINTERRUPTED OR ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OR THAT DEFECTS IN MATCHBOOK WILL BE CORRECTED. USER EXPRESSLY AGREES AND ACKNOWLEDGES THAT USE OF VIRUSES, MATCHBOOK IS AT USER’S SOLE RISK. NO ORAL OR UNINTERRUPTEDWRITTEN 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. IF APPLICABLE LAW DOES NOT ALLOW SBIS MAKES NO WARRANTY AS TO THE EXCLUSION ADEQUACY OR CAPACITY OF ANY HARDWARE OR THIRD PARTY SOFTWARE TO ATTAIN SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES PERFORMANCE OBJECTIVES OF USER. MANY FACTORS, INCLUDING BUT NOT LIMITED TO APPLY TO YOUTHE TYPE OF NETWORK, THE ABOVE EXCLUSIONS AMOUNT OF TOTAL NETWORK TRAFFIC, AND THE TYPE AND PATTERN OF USAGE OF MATCHBOOK ON THE NETWORK, WILL APPLY TO YOU TO IMPACT THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWPERFORMANCE OF MATCHBOOK.

Appears in 2 contracts

Samples: Matchbook User License Agreement, License Agreement

Warranty Disclaimer. YOUR USE OF TO THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS MAXIMUM EXTENT PERMITTED BY LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR WARRANTIES ABOUT PROVIDED BY THE PLATFORM. THE PLATFORM APPLICATION (“SERVICES”) ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” ”, WITH ALL FAULTS AND WITHOUT LIMITING THE GENERALITY WARRANTY OF THE FOREGOINGANY KIND, WE AND UBACK AND ITS LICENSOR(S) HEREBY DISCLAIM ALL WARRANTIESWARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, STATUTORY IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO: (1) , THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTOF ACCURACY, TITLE, OF QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2FREEDOM FROM PATENT INFRINGEMENT OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. UBACK AND ITS LICENSOR(S) DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WARRANTIES AGAINST INFRINGEMENTAPPLICATION, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THAT THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESSFUNCTIONS CONTAINED IN, OR COMPLETENESS OF DATA SERVICES PERFORMED OR CONTENT MADE AVAILABLE ON PROVIDED BY, THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM APPLICATION WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIESREQUIREMENTS, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM OPERATION OF THE APPLICATION OR SERVICES WILL BE TIMELY, SECURE, ACCURATE, UNINTERRUPTED OR ERROR-FREE, COMPLETEOR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY UBACK OR ITS AUTHORIZED REPRESENTATIVE OR ITS LICENSOR(S) SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, UP-TO-DATEYOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, FREE OF VIRUSES, REPAIR OR UNINTERRUPTEDCORRECTION. IF APPLICABLE LAW DOES SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF SOME IMPLIED WARRANTIES OR ALL LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Warranty Disclaimer. YOUR USE OF THE PLATFORM IS ENTIRELY PROVIDED “AS IS”, “AS AVAILABLE” BASIS. THE USE OF PLATFORM IS AT YOUR OWN THE USER’S SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE IS PROVIDED "AS IS"WITHOUT WARRANTY, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY REPRESENTATION, OR GUARANTEE OF THE FOREGOINGANY KIND WHATSOEVER, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE , ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTOR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, TITLEALL OF WHICH ARE EXPRESSLY DISCLAIMED, QUIET ENJOYMENTWITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. TDSL, NO LIENS OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND NO ENCUMBRANCESCONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE PLATFORM IS OR WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME, INSTANCE OR LOCATION; (2II) THE WARRANTIES AGAINST INFRINGEMENTANY DEFECTS MATERIAL OR NOT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSONERRORS WILL BE CORRECTED; (3III) THE WARRANTIES ARISING ANY/ALL CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM IS FREE OF VIRUSES OR OTHERWISE BY SNAPPET. THERE OTHER HARMFUL COMPONENTS; (IV) ANY/ALL INFORMATION IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURECOMPLETE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSESOR RELIABLE; (V) ANY PARTICULAR SERVICE, CONTENT, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW PRODUCT REFERRED TO IN THE EXCLUSION PLATFORM IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOUR AND/OR YOUR EMPLOYEES; (VI) THAT RESULTS OF SOME OR ALL USING THE PLATFORM PROVIDED BY US WILL MEET YOUR REQUIREMENTS(VII) THE USE OF THE ABOVE IMPLIED PLATFORM PROVIDED BY US SHALL COMPLY WITH ANY LAWS, RULES, REGULATIONS, REQUIREMENTS, POLICIES, QUALIFICATIONS, OR STATUTORY WARRANTIES BEST PRACTICES, INCLUDING BUT NOT LIMITED TO APPLY TO YOUPRIVACY LAWS, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.PROFESSIONAL LICENSURE, OR REIMBURSEMENT;

Appears in 2 contracts

Samples: Legal Agreement, Legal Agreement

Warranty Disclaimer. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM SERVICE AND ANY THIRD-PARTY MATERIALS/SERVICES (WHICH MAY INCLUDE SUBMISSIONS), ARE PROVIDED "TO YOU “AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.WITH ALL FAULTS AND DEFECTS AND WITHOUT LIMITING WARRANTY OF ANY KIND. TO THE GENERALITY OF THE FOREGOINGMAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM PENTAIR EXPRESSLY DISCLAIMS ALL WARRANTIESWARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR IMPLIEDOTHERWISE, INCLUDINGWITH RESPECT TO THE SERVICE, BUT NOT LIMITED TO: (1) THE INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS TITLE AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST NON-INFRINGEMENT, MISAPPROPRIATION AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR VIOLATION TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, PENTAIR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACYKIND, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM SERVICE WILL MEET YOUR NEEDS REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR REQUIREMENTS WORK WITH ANY OTHER APPLICATION, SYSTEM, DEVICE OR SERVICE, PROCESS OR COMPILE DATA ACCURATELY OR COMPLETELY, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. NOTWITHSTANDING YOUR ACCESS TO AND USE OF THE NEEDS OR REQUIREMENTS SERVICE AND REGARDLESS OF ANY OTHER PERSON INFORMATION PROVIDED THROUGH THE SERVICE (WHETHER ACCURATE OR INACCURATE), INCLUDING WITH RESPECT TO THE NEEDS OPERATION, MAINTENANCE OR REQUIREMENTS SET FORTH PERFORMANCE STATUS OF PRODUCTS AND SERVICES USED IN ANY DOCUMENTATIONCONNECTION WITH THE SERVICE, YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISK RELATED TO THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF PRODUCTS AND SERVICES USED IN CONNECTION WITH THE SERVICE. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IS PROHIBITED IN SOME OR ALL JURISDICTIONS, IN WHICH CASE SOME OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO THESE EXCLUSIONS MAY NOT APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 2 contracts

Samples: Terms of Service, Terms of Service

Warranty Disclaimer. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ALL PRODUCTS ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY TTI AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF THE FOREGOINGANY KIND, WE DISCLAIM ALL WARRANTIESINCLUDING ANY WARRANTY OF NON-INFRINGEMENT, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES OF MERCHANTABILITYTITLE, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTFUNCTIONALITY, TITLEOR MERCHANTABILITY, QUIET ENJOYMENTWHETHER EXPRESS, NO LIENS AND NO ENCUMBRANCES; (2) IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE WARRANTIES AGAINST INFRINGEMENTDURATION OF STATUTORILY REQUIRED WARRANTIES, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING IF ANY, SHALL BE LIMITED TO THE ACCURACYSHORTEST PERIOD PERMITTED BY LAW. TTI SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF TTI. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER TTI NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, CORRECTNESSTIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF DATA ANY PRODUCTS OR ANY CONTENT MADE AVAILABLE ON THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE PLATFORM USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR OTHERWISE ERROR-FREE; (B) THE 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 SNAPPET. THERE IS NO WARRANTY THAT YOU THROUGH THE PLATFORM PRODUCTS) WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF EXPECTATIONS); (D) ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM STORED DATA WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES, VIRUSES OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWOTHER HARMFUL COMPONENTS.

Appears in 2 contracts

Samples: End User License Agreement, License Agreement

Warranty Disclaimer. YOUR USE OF EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM PURECLOUD SERVICE, EQUIPMENT, AND OTHER SERVICES, DELIVERABLES, PRODUCTS AND MATERIALS ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ”. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDINGOR STATUTORY, BUT NOT LIMITED TO: (1) INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTNON-INFRINGEMENT, TITLECOMPATIBILITY, SECURITY, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENTTIMELINESS, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESSCOMPLETENESS, OR COMPLETENESS ACCURACY. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT ACCESS TO OR USE OF DATA THE PURECLOUD SERVICE OR CONTENT MADE AVAILABLE ON THE PLATFORM OTHER SERVICES OR OTHERWISE MATERIALS PROVIDED BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM US WILL BE TIMELY, SECURE, ACCURATE, UNINTERRUPTED OR ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES IT IS YOUR RESPONSIBILITY TO SELECT THE SERVICE NECESSARY TO ACHIEVE YOUR INTENDED RESULTS. SOME JURISDICTIONS DO NOT ALLOW PERMIT THE EXCLUSION OR LIMITATION OF SOME OR ALL OF IMPLIED WARRANTIES, SO THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHERRIGHTS WHICH VARY BY JURISDICTION. IF THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXLCUDED IN THEIR ENTIRETY, THE ABOVE EXCLUSIONS YOU AGREE THAT THEY WILL APPLY TO YOU BE LIMITED TO THE FULLEST GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY APPLICABLE LAW.

Appears in 2 contracts

Samples: Service Terms and Conditions, Service Terms and Conditions

Warranty Disclaimer. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 13, ALL CLOUD PRODUCTS, SUPPORT AND ADDITIONAL SERVICES ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF THE FOREGOINGANY KIND, WE DISCLAIM ALL WARRANTIESINCLUDING ANY WARRANTY OF NON-INFRINGEMENT, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES OF MERCHANTABILITYTITLE, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTFUNCTIONALITY OR MERCHANTABILITY, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, WHETHER EXPRESS, STATUTORY IMPLIED OR IMPLIED STATUTORY. WITHOUT LIMITING OUR EXPRESS OBLIGATIONS IN THESE TERMS, WE DO NOT WARRANT THAT YOUR USE OF THE PLATFORM CLOUD PRODUCTS WILL BE TIMELY, SECURE, ACCURATE, UNINTERRUPTED OR ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, THAT WE WILL REVIEW YOUR DATA FOR ACCURACY OR UNINTERRUPTEDTHAT WE WILL PRESERVE OR MAINTAIN YOUR DATA WITHOUT LOSS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL YOU UNDERSTAND THAT USE OF THE ABOVE IMPLIED CLOUD PRODUCTS NECESSARILY INVOLVES TRANSMISSION OF YOUR DATA OVER NETWORKS THAT 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 WARRANTIES TO APPLY TO YOURIGHTS, BUT THE ABOVE EXCLUSIONS DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL APPLY TO YOU BE LIMITED TO THE FULLEST EXTENT SHORTEST PERIOD PERMITTED BY APPLICABLE LAW.

Appears in 2 contracts

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

Warranty Disclaimer. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGANY GUARANTEE, WE DISCLAIM ALL CONDITION, WARRANTY OR TERM IMPOSED BY APPLICABLE LAW AND WHICH CANNOT BE EXCLUDED, NUIX MAKES NO OTHER STATUTORY, EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, EXPRESSGUARANTEES, STATUTORY OR IMPLIED, INCLUDING, CONDITIONS WITH RESPECT TO THE SOFTWARE OR ANY OTHER PRODUCT (INCLUDING BUT NOT LIMITED TO: (1) THE TO ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTNON- INFRINGEMENT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESSQUALITY, OR COMPLETENESS SUITABILITY FOR LICENSEE’S REQUIREMENTS, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY (OF DATA OR CONTENT MADE AVAILABLE ON ANY OTHER INFORMATION OR CONTENT), ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT) AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY FOREGOING, NUIX DOES NOT WARRANT THAT THE PLATFORM SOFTWARE OR OTHER PRODUCTS WILL MEET YOUR NEEDS OR LICENSEE’S REQUIREMENTS OR THAT ANY USE OF THE NEEDS SOFTWARE OR REQUIREMENTS OTHER PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-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, 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 SOFTWARE OR ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATIONPRODUCT IS ACCURATE AND SUFFICIENT FOR LICENSEE’S PURPOSES. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF SOME GUARANTEES, CONDITIONS, WARRANTIES OR TERMS IMPLIED OR IMPOSED BY APPLICABLE LAW OR DO NOT ALLOW LIMITATIONS ON HOW LONG ANY SUCH GUARANTEE, CONDITION, WARRANTY OR TERM MAY LAST. AS A RESULT, NOT ALL OF THE ABOVE LIMITATIONS IN THIS SECTION 12 WILL NECESSARILY APPLY TO EVERY LICENSEE. NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, WARRANTY, TERM OR CONDITION, RIGHT OR REMEDY IMPLIED OR STATUTORY WARRANTIES IMPOSED BY ANY APPLICABLE LAW WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED ("NON-EXCLUDABLE PROVISION"), SUBJECT TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.SECTION 13.3.‌

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Warranty Disclaimer. YOUR USE OF EXCEPT FOR THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR EXPRESS WARRANTIES ABOUT THE PLATFORM. THE PLATFORM SET FORTH HEREIN, ALL OFFERINGS ARE PROVIDED "AS ON AN “AS-IS", “WITH ALL FAULTS,” AND “AS AS-AVAILABLE.BASIS WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE ANY WARRANTIES OF MERCHANTABILITYANY KIND, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, EXTRAHOP AND ITS SUPPLIERS, SERVICE PROVIDERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS INCLUDING ANY WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTFUNCTIONALITY, TITLEMERCHANTABILITY, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST OR NON-INFRINGEMENT, MISAPPROPRIATION WHETHER EXPRESS OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPETIMPLIED. THERE IS EXTRAHOP MAKES NO WARRANTY THAT THE PLATFORM OFFERINGS WILL OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSESCUSTOMER’S REQUIREMENTS, OR UNINTERRUPTEDBE SECURE OR ERROR FREE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOUHOWEVER, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST FULL EXTENT PERMITTED BY APPLICABLE LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE STATUTORILY REQUIRED WARRANTY PERIOD. CUSTOMER UNDERSTANDS AND AGREES THAT IT SECURITY AND PERFORMANCE ARE INHERENTLY COMPLEX AND THAT EXTRAHOP DOES NOT GUARANTEE OR WARRANT THAT ITS OFFERINGS WILL COMPLETELY OR ACCURATELY ALERT CUSTOMER TO ALL ANOMALIES, INTRUSIONS, ATTACKS, OR OTHER SECURITY VULNERABILITIES WHICH MAY BE PRESENT, OCCURRING OR POSSIBLE IN THE CUSTOMER’S NETWORK. THE OFFERINGS ARE NOT DESIGNED OR INTENDED FOR USE IN APPLICATIONS WHERE FAILURE COULD RESULT IN DEATH, SEVERE INJURY OR PROPERTY DAMAGE, SUCH AS AIRCRAFT NAVIGATION, AIR TRAFFIC CONTROL, NUCLEAR FACILITIES, OR LIFE SUPPORT.

Appears in 2 contracts

Samples: Master Customer Agreement, Master Customer Agreement

Warranty Disclaimer. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ALL PRODUCTS ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY XPAND IT AND ITS PARTNERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF THE FOREGOINGANY KIND, WE DISCLAIM ALL WARRANTIESINCLUDING ANY WARRANTY OF NON-INFRINGEMENT, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES OF MERCHANTABILITYTITLE, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTFUNCTIONALITY, TITLEOR MERCHANTABILITY, QUIET ENJOYMENTWHETHER EXPRESS, NO LIENS AND NO ENCUMBRANCES; (2) IMPLIED, OR STATUTORY WITH REGARD TO THAT PRODUCTS. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE WARRANTIES AGAINST INFRINGEMENTDURATION OF STATUTORILY REQUIRED WARRANTIES, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING IF ANY, SHALL BE LIMITED TO THE ACCURACYSHORTEST PERIOD PERMITTED BY LAW. XPAND IT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF XPAND IT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER XPAND IT NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, CORRECTNESSTIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF DATA ANY PRODUCTS OR ANY CONTENT MADE AVAILABLE ON THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE PLATFORM USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR OTHERWISE ERROR-FREE; (B) THE 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 SNAPPET. THERE IS NO WARRANTY THAT YOU THROUGH THE PLATFORM PRODUCTS) WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF EXPECTATIONS); (D) ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM STORED DATA WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES, VIRUSES OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWOTHER HARMFUL COMPONENTS.

Appears in 2 contracts

Samples: License Agreement, License Agreement

Warranty Disclaimer. YOUR USE OF a. Disclaimer of Warranties TO THE PLATFORM MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS LICENSED “AS-IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY ”, WITH ALL FAULTS. SIMRUSH DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS OF THE FOREGOINGANY KIND, WE DISCLAIM ALL WARRANTIESWHETHER EXPRESS, EXPRESSIMPLIED, STATUTORY OR IMPLIEDOTHERWISE, WITH RESPECT TO ANY SOFTWARE, INCLUDING, BUT NOT LIMITED TO: (1) THE WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, ACCURACY, QUALITY OF SERVICE OR RESULTS, AVAILABILITY, SATISFACTORY QUALITY, LACK OF VIRUSES, TITLE, FITNESS FOR A PARTICULAR PURPOSEUSE OR NON-INFRINGEMENT, WORKMANLIKE EFFORTTO THE EXTENT AUTHORISED BY LAW. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SOFTWARE AND ITS FEATURES OR FUNCTIONALITY AND ANY COMMUNICATION WITH YOU IS FOR INFORMATION PURPOSES ONLY, TITLEAND DOES NOT CONSTITUTE A WARRANTY OR REPRESENTATION. WITHOUT LIMITING THE FOREGOING, QUIET ENJOYMENTSIMRUSH EXPRESSLY DOES NOT WARRANT THAT THE CONTENT, NO LIENS AND NO ENCUMBRANCESOPERATION, OUTPUT OR IMPLEMENTATION OF THE SOFTWARE WILL: (i) MEET YOUR REQUIREMENTS; (2ii) THE WARRANTIES AGAINST INFRINGEMENTBE UNINTERRUPTED, MISAPPROPRIATION ERROR- FREE, ACCURATE, RELIABLE OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSONCOMPLETE; (3iii BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (iV) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, THAT SIMRUSH OR COMPLETENESS OF DATA ANY THIRD PARTY WILL RESOLVE ANY PARTICULAR SUPPORT REQUEST OR CONTENT MADE AVAILABLE ON THE PLATFORM FIX ANY ERRORS OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM SUCH RESOLUTION WILL MEET YOUR NEEDS OR REQUIREMENTS OR EXPECTATIONS. YOU SHALL BEAR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR ENTIRE RISK AS TO THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT QUALITY AND THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL PERFORMANCE OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWSOFTWARE.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimer. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ALL PRODUCTS ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY SUPER7UI AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF THE FOREGOINGANY KIND, WE DISCLAIM ALL WARRANTIESINCLUDING ANY WARRANTY OF NON- INFRINGEMENT, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES OF MERCHANTABILITYTITLE, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTFUNCTIONALITY, TITLEOR MERCHANTABILITY, QUIET ENJOYMENTWHETHER EXPRESS, NO LIENS AND NO ENCUMBRANCES; (2) IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE WARRANTIES AGAINST INFRINGEMENTDURATION OF STATUTORILY REQUIRED WARRANTIES, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING IF ANY, SHALL BE LIMITED TO THE ACCURACYSHORTEST PERIOD PERMITTED BY LAW. SUPER7UI SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF SUPER7UI. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUPER7UI DOESN’T MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, CORRECTNESSTIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF DATA ANY PRODUCTS OR ANY CONTENT MADE AVAILABLE ON THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE PLATFORM USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR OTHERWISE ERROR-FREE; (B) THE 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 SNAPPET. THERE IS NO WARRANTY THAT YOU THROUGH THE PLATFORM PRODUCTS) WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF EXPECTATIONS); (D) ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM STORED DATA WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES, VIRUSES OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWOTHER HARMFUL COMPONENTS.

Appears in 1 contract

Samples: Customer Agreement

Warranty Disclaimer. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM OVERTURE MARKETPLACE IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "OVERTURE MARKETPLACE IS AVAILABLE ON AN “AS IS"” BASIS, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY WARRANTY OF THE FOREGOINGANY KIND, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY 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, BUT NOT LIMITED TO: WITHOUT LIMITATION (1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF THE OVERTURE MARKETPLACE AND/ OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE OVERTURE MARKETPLACE; AND (2) ANY WARRANTIES OF MERCHANTABILITY, TITLE OR WARRANTIES OF MERCHANTABILI Y OR FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES SOME STATES DO NOT ALLOW THE EXCLUSION OF SOME OR ALL OF IMPLIED WARRANTIES, SO THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, THE ABOVE EXCLUSIONS WILL APPLY AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWSTATE.

Appears in 1 contract

Samples: Ambassador Terms and Conditions (Roanoke Technology Corp)

Warranty Disclaimer. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ALL PRODUCTS ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY EMITE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF THE FOREGOINGANY KIND, WE DISCLAIM ALL WARRANTIESINCLUDING ANY WARRANTY OF NON- INFRINGEMENT, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES OF MERCHANTABILITYTITLE, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTFUNCTIONALITY, TITLEOR MERCHANTABILITY, QUIET ENJOYMENTWHETHER EXPRESS, NO LIENS AND NO ENCUMBRANCES; (2) IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE WARRANTIES AGAINST INFRINGEMENTDURATION OF STATUTORILY REQUIRED WARRANTIES, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING IF ANY, SHALL BE LIMITED TO THE ACCURACYSHORTEST PERIOD PERMITTED BY LAW. EMITE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF EMITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER EMITE NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, CORRECTNESSTIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF DATA ANY PRODUCTS OR ANY CONTENT MADE AVAILABLE ON THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE PLATFORM USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR OTHERWISE ERROR-FREE; (B) THE 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 SNAPPET. THERE IS NO WARRANTY THAT YOU THROUGH THE PLATFORM PRODUCTS) WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF EXPECTATIONS); (D) ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM STORED DATA WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES, VIRUSES OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWOTHER HARMFUL COMPONENTS.

Appears in 1 contract

Samples: Emite Customer Agreement

Warranty Disclaimer. YOUR USE OF The Company controls and operates the App from various locations and makes no representation that the App is appropriate or available for use in all locations. The App or certain features of it may not be available in your location or may vary across locations. THE PLATFORM APP IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO PROVIDED “AS IS”, “AS AVAILABLE” AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS"OF ANY KIND, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) , THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTAND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, TITLEALL OF WHICH ARE EXPRESSLY DISCLAIMED, QUIET ENJOYMENTSAVE TO THE EXTENT REQUIRED BY LAW. THE COMPANY, NO LIENS AND NO ENCUMBRANCESITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE APP WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (2B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE WARRANTIES AGAINST INFRINGEMENTRESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE APP IS SOLELY AT YOUR OWN RISK; OR, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3E) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA THE CONTENT, TEXT, IMAGES, SOFTWARE, GRAPHICS, OR CONTENT MADE AVAILABLE COMMUNICATIONS PROVIDED BY THIRD PARTIES ON OR THROUGH THE PLATFORM OR OTHERWISE BY SNAPPETAPP, INCLUDING IN SECRET CHATS. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF SO THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO LIMITATIONS MAY NOT APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 1 contract

Samples: Terms of Use

Warranty Disclaimer. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ALL SERVICES ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY LATITUDE 39 AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF THE FOREGOINGANY KIND, WE DISCLAIM ALL WARRANTIESINCLUDING ANY WARRANTY OF NON- INFRINGEMENT, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES OF MERCHANTABILITYTITLE, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTFUNCTIONALITY, TITLEOR MERCHANTABILITY, QUIET ENJOYMENTWHETHER EXPRESS, NO LIENS AND NO ENCUMBRANCES; (2) IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE WARRANTIES AGAINST INFRINGEMENTDURATION OF STATUTORILY REQUIRED WARRANTIES, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING IF ANY, SHALL BE LIMITED TO THE ACCURACYSHORTEST PERIOD PERMITTED BY LAW. LATITUDE 39 SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF LATITUDE 39. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER LATITUDE 39 NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, CORRECTNESSTIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF DATA ANY SERVICES OR ANY CONTENT MADE AVAILABLE ON THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE PLATFORM USE OF ANY SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT ERROR-FREE; (B) THE PLATFORM SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS EXPECTATIONS; OR REQUIREMENTS OF ANY OTHER PERSON (C) ERRORS OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM DEFECTS WILL BE TIMELYCORRECTED. IN ADDITION, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.CUSTOMER ACKNOWLEDGES AND AGREES THAT

Appears in 1 contract

Samples: Simplycomp Agreement

Warranty Disclaimer. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING ANY GUARANTEE, CONDITION, WARRANTY OR TERM IMPOSED BY APPLICABLE LAW AND WHICH CANNOT BE EXCLUDED, THE GENERALITY OF THE FOREGOINGSOFTWARE IS PROVIDED ON AN AS-IS BASIS. NUIX DOES NOT MAKE, WE DISCLAIM AND HEREBY DISCLAIMS, ANY AND ALL OTHER STATUTORY, EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, EXPRESSGUARANTEES, STATUTORY OR IMPLIED, INCLUDING, CONDITIONS WITH RESPECT TO THE SOFTWARE OR ANY OTHER PRODUCT OR SERVICES (INCLUDING BUT NOT LIMITED TO: (1) THE TO ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTNON- INFRINGEMENT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESSQUALITY, OR COMPLETENESS SUITABILITY FOR LICENSEE’S REQUIREMENTS, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY (OF DATA OR CONTENT MADE AVAILABLE ON ANY OTHER INFORMATION OR CONTENT), ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT) AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY FOREGOING, NUIX DOES NOT WARRANT THAT THE PLATFORM SOFTWARE OR OTHER PRODUCTS OR SERVICES WILL MEET YOUR NEEDS OR LICENSEE’S REQUIREMENTS OR THAT ANY USE OF THE NEEDS SOFTWARE OR REQUIREMENTS OTHER PRODUCTS OR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE OR OTHER PRODUCTS OR SERVICES WILL BE CORRECTED OR THAT THE SOFTWARE WILL DETECT OR CORRECT ANY THREATS OR HARMFUL COMPONENTS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND OTHER PRODUCTS AND SERVICES ARE PROVIDED TO LICENSEE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND FOR LICENSEE’S INTERNAL BUSINESS USE ONLY. LICENSEE IS RESPONSIBLE FOR DETERMINING WHETHER ANY INFORMATION GENERATED FROM USE OF THE SOFTWARE OR ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATIONPRODUCT IS ACCURATE AND SUFFICIENT FOR LICENSEE’S PURPOSES. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF SOME GUARANTEES, CONDITIONS, WARRANTIES OR TERMS IMPLIED OR IMPOSED BY APPLICABLE LAW OR DO NOT ALLOW LIMITATIONS ON HOW LONG ANY SUCH GUARANTEE, CONDITION, WARRANTY OR TERM MAY LAST. AS A RESULT, NOT ALL OF THE ABOVE LIMITATIONS IN THIS SECTION 11 WILL NECESSARILY APPLY TO EVERY LICENSEE. NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES 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-EXCLUDABLE PROVISION"), SUBJECT TO SECTION 12.3 (NON-EXCLUDABLE STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.PROVISIONS).‌

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimer. YOUR USE OF THE PLATFORM EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL AND XTRACOM MAKES NO WARRANTIES, EXPRESS, STATUTORY EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO: (1) TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ANY SIMILAR WARRANTY, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. XTRACOM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). THE ENTIRE RISK ASSOCIATED WITH THE USE OF ANY PERSON; (3) RENTAL DEVICE SHALL BE BORNE SOLELY BY YOU. SOME JURISDICTIONS DO NOT PERMIT THE WARRANTIES ARISING THROUGH COURSE DISCLAIMER OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO CERTAIN IMPLIED WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL SO CERTAIN OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT XTRACOM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE ABOVE EXCLUSIONS SCOPE AND DURATION OF SUCH WARRANTY WILL APPLY TO YOU TO BE THE FULLEST EXTENT MINIMUM PERMITTED BY APPLICABLE UNDER SUCH LAW.

Appears in 1 contract

Samples: Xtracom Phone Lease Program and Rental Agreement

Warranty Disclaimer. YOUR USE INSIDESALES AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISKSERVICES OR ANY CONTENT. WE MAKE NO REPRESENTATIONS INSIDESALES AND ITS LICENSORS DO NOT REPRESENT OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: WARRANT THAT (1) THE WARRANTIES USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA, (2) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (3) ANY STORED CUSTOMER DATA WILL BE SECURE, COMPLETE, TIMELY, ACCURATE OR RELIABLE, (4) THE QUALITY OF THE SERVICES OR ANY OTHER INFORMATION, ITEMS, OR MATERIALS OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (5) ERRORS OR DEFECTS WILL BE CORRECTED, OR (6) THE SERVICES, THE CONTENT, OR THE EQUIPMENT OR FACILITIES USED TO MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTOR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING ARE HEREBY DISCLAIMED TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAW BY INSIDESALES AND ITS LICENSORS. NO ADVICE, INFORMATION OR ACTION FROM INSIDESALES OR ANY OTHER SOURCE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Appears in 1 contract

Samples: Master Terms and Conditions

Warranty Disclaimer. YOUR USE OF EXCEPT AS SET FORTH IN EXHIBIT A, INFINERA MAKES NO WARRANTY TO THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIESEND USER, EXPRESS, STATUTORY IMPLIED OR IMPLIEDSTATUTORY, INCLUDINGWITH RESPECT TO THE SOFTWARE, BUT NOT LIMITED TO: (1) THE WARRANTIES OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, AVAILABILITY, RELIABILITY, USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTNONINFRINGEMENT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH FROM COURSE OF DEALING PERFORMANCE, DEALING, USAGE OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY. INFINERA DOES NOT WARRANT THAT ANY EQUIPMENT, RELIABILITY, CORRECTNESSSOFTWARE, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM PART THEREOF WILL MEET YOUR NEEDS OR END USER’S REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIESBE UNINTERRUPTED, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECUREAVAILABLE, ACCURATE, SECURE OR ERROR-FREE, COMPLETEOR THAT ANY ERRORS IN THE EQUIPMENT OR THE SOFTWARE WILL BE CORRECTED. IN NO EVENT SHALL INFINERA BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR ANY LOSS OF PROFITS, UP-TO-DATE, FREE LOSS OF VIRUSESBUSINESS, OR UNINTERRUPTEDANTICIPATED SAVINGS OF FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT OR END USER”S USE OF, OR INABILITY TO USE, THE SOFTWARE. IF APPLICABLE LAW IN NO EVENT SHALL INFINERA’S LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNT PAID BY END USER FOR THE RESPECTIVE SOFTWARE LICENSE OR IN THE CASE OF EMBEDDED SOFTWARE, THE EQUIPMENT IN WHICH IT IS EMBEDDED. NOTWITHSTANDING THE ABOVE, THE SUPPLIER DOES NOT ALLOW THE EXCLUSION OF SOME EXCLUDE OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU LIMIT ITS LIABILITY TO THE FULLEST EXTENT PERMITTED BY SUCH EXCLUSIONS OR LIMITATIONS ARE NOT PREMITTED UNDER APPLICABLE LAW. EXCLUDING REPROCUREMENT COSTS. THIS CLAUSE SHALL NOT IMPAIR THE U.S. GOVERNMENT’S RIGHT TO RECOVER FOR FRAUD OR CRIMES ARISING OUT OF OR RELATED TO THIS CONTRACT UNDER ANY FEDERAL FRAUD STATUTE, INCLUDING THE FALSE CLAIMS ACT, 31. U.S.C. §§ 3729-3733.

Appears in 1 contract

Samples: www.immixgroup.com

Warranty Disclaimer. YOUR USE TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT EACH PARTY HEREBY DISCLAIMS (ON BEHALF OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISKITSELF AND ITS LICENSORS AND SUPPLIERS) ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM SNOWFLAKE’S PARTNER PORTAL, TRAINING MATERIALS AND ANY OTHER SNOWFLAKE TECHNOLOGY ARE PROVIDED "ON AN “AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.BASIS WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION ANY KIND. SNOWFLAKE DOES NOT WARRANT OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY GUARANTEE THAT THE PLATFORM PARTNER PORTAL (INCLUDING ANY OF ITS CONTENT), TRAINING MATERIALS AND OTHER SNOWFLAKE TECHNOLOGY WILL MEET YOUR NEEDS OR PARTNER’S REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECUREUNINTERRUPTED, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-UP TO DATE, FREE TIMELY, SECURE OR ERROR FREE. NO STATEMENT OF VIRUSESOURS OR ANY OF OUR DIRECTORS, OR UNINTERRUPTEDOFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THIS AGREEMENT. IF APPLICABLE LAW DOES SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOUCERTAIN WARRANTIES. HOWEVER, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ANY STATUTORILY REQUIRED WARRANTIES, IF ANY, IS HEREBY LIMITED TO THE FULLEST SHORTEST PERIOD AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 1 contract

Samples: www.snowflake.com

Warranty Disclaimer. YOUR USE THE EXPRESS WARRANTIES SPECIFIED HEREIN ARE THE ONLY WARRANTIES MADE BY OWNER OR OWNER’S LICENSORS. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, WHETHER MADE BY OWNER OR ANOTHER OR OTHERWISE, THAT IS NOT CONTAINED IN THIS AGREEMENT WILL BE DEEMED TO BE A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF OWNER OR OWNER’S LICENSORS. OWNER AND OWNER’S LICENSORS FURTHER DISCLAIM AND CLIENT HEREBY WAIVES, ALL IMPLIED WARRANTIES FOR XXXX, THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS LICENSED PROPERTY, OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE ANY OTHER SERVICES PROVIDED "AS IS"HEREUNDER, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A INTENDED USE, OR PARTICULAR PURPOSE, WORKMANLIKE EFFORTOR NON- INFRINGEMENT. EACH PARTY WAIVES ANY LIABILITY OF THE OTHER PARTY (AND CLIENT WAIVES WITH RESPECT TO OWNER’S LICENSORS, TITLECONTRACTORS, QUIET ENJOYMENTAND OWNERS) IN NEGLIGENCE, NO LIENS TORT, AND NO ENCUMBRANCES; (2) STRICT LIABILITY ARISING FROM ANY ACT OR OMISSION OF THE WARRANTIES AGAINST INFRINGEMENTOTHER PARTY IN THE PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; EXCEPT AS AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY EXTENT THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL SUCH LIABILITY ARISES OUT OF THE ABOVE IMPLIED GROSS NEGLIGENCE OR STATUTORY WARRANTIES TO APPLY TO YOU, WILLFUL MISCONDUCT OF THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWOTHER PARTY.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimer. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE PLATFORM OUR WEBSITE/APP IS ENTIRELY AT YOUR OWN SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM SERVICES PROVIDED IN OUR WEBSITE ARE PROVIDED ON AN "AS IS" AND ", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY " BASIS. Xxxxxx.xxx EXPRESSLY DISCLAIMS ALL WARRANTIES OF THE FOREGOINGANY KIND, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, PURPOSE AND NON-INFRINGEMENT Xxxxxx.xxx MAKES NO LIENS AND NO ENCUMBRANCES; WARRANTY THAT: (2i) THE WARRANTIES AGAINST INFRINGEMENTSERVICE WILL MEET ANY OF YOUR REQUIREMENTS, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3ii) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM SERVICE WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSESUNINTERRUPTED, OR UNINTERRUPTEDFREE FROM ERROR OR OMISSION, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE IN OUR WEBSITE WILL BE USEFUL, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OFFERED IN OUR WEBSITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE OPERATION OF WEBSITE INCLUDING THE OPERATION OF ANY SOFTWARE WILL BE CORRECTED. IF APPLICABLE LAW DOES ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE IN OUR WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM/MOBILE DEVICE (OR ANY COMPONENT CONNECTED TO YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Xxxxxx.xxx OR FROM ANY SERVICE PROVIDED IN OUR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMIT A TION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 1 contract

Samples: tipify.pro

Warranty Disclaimer. YOUR USE IF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER: THE GAME IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. THEREFORE, USERS ACKNOWLEDGE THAT THE GAME MAY NOT MEET THEIR INDIVIDUAL PREFERENCES AND EXPECTATIONS. THE COMPANY WILL MAKE ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE CONTINUOUS OPERATION OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISKGAME, ACCORDINGLY USERS ACKNOWLEDGE THAT THE GAME ISN’T ERROR-FREE AND MAY BE INTERRUPTED. WE MAKE THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORMACCURACY OR COMPLETENESS OF THE MATERIALS, THE GAME CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE GAME. THE PLATFORM COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF SAFETY, FREEDOM FROM VIRUSES, FREEDOM FROM BUGS, LEGALITY AND/OR RELIABILITY OF INFORMATION, DATA OR MATERIALS. THE COMPANY DOES NOT WARRANT THAT THE PERFORMANCE OF USERS’ PERSONAL COMPUTERS OR OTHER DEVICES IS ADEQUATE TO USE THE GAME. USERS ARE ADVISED TO DETERMINE IN ADVANCE THE COMPUTER SYSTEM’S REQUIREMENTS FOR A PARTICULAR GAME AND WHETHER THEIR COMPUTER SYSTEM MEETS THOSE REQUIREMENTS. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GAME, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APP FEATURED IN ANY BANNER OR OTHER ADVERTISING. THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF GOODS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHALL USE THEIR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER: THE GAME IS PROVIDED "AS IS"ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY EXPRESS OR IMPLIED, IN CONNECTION WITH THE GAME AND USE THEREOF BY THE USER, INCLUDING, BUT NOT LIMITED TO: (1) WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. THE COMPANY MAKES NO LIENS AND NO ENCUMBRANCES; (2) WARRANTIES OR REPRESENTATIONS ABOUT THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, ACCURACY OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT MATERIALS, THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS GAME CONTENT, OR THE NEEDS OR REQUIREMENTS CONTENT OF ANY OTHER PERSON WEBSITES LINKED TO THE GAME. THE COMPANY WILL ASSUME NO LIABILITY OR THE NEEDS OR REQUIREMENTS SET FORTH IN RESPONSIBILITY FOR ANY DOCUMENTATION. WE MAKE NO WARRANTIES(A) ERRORS, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSESMISTAKES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE EXCLUSION OF SOME OR ALL USER’S ACCESS TO AND USE OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.GAME,

Appears in 1 contract

Samples: Recitals

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Warranty Disclaimer. YOUR USE WITH RESPECT TO THIS AGREEMENT, THE AFFILIATE PROGRAM, THE MERCHANT CONTENT, THE MERCHANT WEBSITE, INCLUDING PRODUCTS OR SERVICES SOLD THROUGH THE MERCHANT WEBSITE OR THE OPERATION AND MAINTENANCE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISKMERCHANT WEBSITE OR THE AFFILIATE NETWORK, NEITHER WE NOR OUR AFFILIATE PARTNER MAKE, AND WE HEREBY DISCLAIM ANY AND ALL, REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM MAKE NO REPRESENTATION THAT THE OPERATION OF THE MERCHANT WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. ALL WARRANTIESMERCHANT CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFLIATES IN CONNECTION WITH THE AFFILIATE PROGRAM IS PROVIDED “AS-IS”. 15. Limitation of Damages. WE WILL NOT HAVE ANY LIABILITY (WHETHER IN CONTRACT, EXPRESSWARRANTY, STATUTORY OR IMPLIED, TORT (INCLUDING, BUT NOT LIMITED TO: , NEGLIGENCE), PRODUCT LIABILITY OR OTHER THEORY) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY LOSS OF REVENUE, DATA OR PROFITS ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE AFFILIATE PROGRAM. FURTHER, OUR AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE AFFILIATE PROGRAM WILL IN NO EVENT EXCEED THE TOTAL REVENUE SHARE PAID OR PAYABLE BY US TO YOU UNDER THIS AGREEMENT DURING THE PRECEDING TWELVE (112) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING MONTH PERIOD PRIOR TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT DATE SUCH LIABILITY AROSE. ALL CLAIMS MADE AVAILABLE ON THE PLATFORM OR OTHERWISE HEREUNDER BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL YOU AGAINST US SHALL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL MADE WITHIN 120 DAYS OF THE ABOVE IMPLIED ACT OR STATUTORY WARRANTIES TO APPLY TO YOU, OMISSION THAT FORMS THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.BASIS OF SUCH CLAIMS. 16. Independent

Appears in 1 contract

Samples: Participation Agreement

Warranty Disclaimer. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGANY GUARANTEE, WE DISCLAIM ALL CONDITION, WARRANTY OR TERM IMPOSED BY APPLICABLE LAW AND WHICH CANNOT BE EXCLUDED, NUIX MAKES NO OTHER STATUTORY, EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, EXPRESSGUARANTEES, STATUTORY OR IMPLIED, INCLUDING, CONDITIONS WITH RESPECT TO THE SOFTWARE OR ANY OTHER PRODUCT (INCLUDING BUT NOT LIMITED TO: (1) THE TO ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTNON- INFRINGEMENT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESSQUALITY, OR COMPLETENESS SUITABILITY FOR LICENSEE’S REQUIREMENTS, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY (OF DATA OR CONTENT MADE AVAILABLE ON ANY OTHER INFORMATION OR CONTENT), ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT) AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY FOREGOING, NUIX DOES NOT WARRANT THAT THE PLATFORM SOFTWARE OR OTHER PRODUCTS WILL MEET YOUR NEEDS OR LICENSEE’S REQUIREMENTS OR THAT ANY USE OF THE NEEDS SOFTWARE OR REQUIREMENTS OTHER PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-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, 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 SOFTWARE OR ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATIONPRODUCT IS ACCURATE AND SUFFICIENT FOR LICENSEE’S PURPOSES. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF SOME GUARANTEES, CONDITIONS, WARRANTIES OR TERMS IMPLIED OR IMPOSED BY APPLICABLE LAW OR DO NOT ALLOW LIMITATIONS ON HOW LONG ANY SUCH GUARANTEE, CONDITION, WARRANTY OR TERM MAY LAST. AS A RESULT, NOT ALL OF THE ABOVE LIMITATIONS IN THIS SECTION 12 WILL NECESSARILY APPLY TO EVERY LICENSEE. NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, WARRANTY, TERM OR CONDITION, RIGHT OR REMEDY IMPLIED OR STATUTORY WARRANTIES IMPOSED BY ANY APPLICABLE LAW WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED ("NON-EXCLUDABLE PROVISION"), SUBJECT TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWSECTION 13.3.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimer. YOUR USE OF THE PLATFORM EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL AND CROSSWIND MAKES NO WARRANTIES, EXPRESS, STATUTORY EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO: (1) TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPERTICULAR PURPOSE AND ANY SIMILAR WARRATNY, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. CROSSWIND MAKES TO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FRE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRATION OF INTELLECTUAL PROPERTY OR PROPRIETARY OTHER PROPREITARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). THE ENTIRE REISK ASSOCIATED WITH THE USE OF ANY PERSON; (3) RENTAL DEVICE SHALL BE BORNE SOLELY BY THE WARRANTIES ARISING THROUGH COURSE CUSTOMER. SOME JURISDICTIONS DO NTO PERMINT THE DISCLAIMER OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO CERTAIN IMPLIED WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL SO CERTAIN OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT CROSSWIND CANNOT DISCLAIM ANY SUCH WARRANTY AS A METTER OF APPLICABLE LAW, THE ABOVE EXCLUSIONS SCOPE AND DURATION OF SUCH WARRANTY WILL APPLY TO YOU TO BE THE FULLEST EXTENT MINIMUM PERMITTED BY APPLICABLE UNDER SUCH LAW.

Appears in 1 contract

Samples: Lease and Rental Agreement

Warranty Disclaimer. YOUR USE OF THE PLATFORM THIS SOFTWARE IS ENTIRELY AT YOUR YOURS AND CUSTOMER’S OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE SOFTWARE IS PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY ANY WARRANTY OF THE FOREGOINGANY KIND WHATSOEVER. FINSERVE DOES NOT MAKE, WE DISCLAIM ALL WARRANTIESAND HEREBY DISCLAIMS, ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR IMPLIEDOTHERWISE, INCLUDINGINCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO: (1) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, NON- INFRINGEMENT OF THIRD-PARTY RIGHTS, RESULTS, EFFORTS,QUALITY OR QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY FINSERVE DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, SOFTWARE IS ERROR-FREE, COMPLETEWILL FUNCTION WITHOUT INTERRUPTION, UP-TO-DATEWILL MEET ANY SPECIFIC NEED THAT CUSTOMER HAS, FREE THAT ALL DEFECTS WILL BE CORRECTED OR THAT IT IS SUFFICIENTLY DOCUMENTED TO BE USABLE BY CUSTOMER. TO THE EXTENT THAT FINSERVE MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOULAW, THE ABOVE EXCLUSIONS SCOPE AND DURATION OF SUCH WARRANTY WILL APPLY TO YOU TO BE THE FULLEST EXTENT MINIMUM PERMITTED BY APPLICABLE LAWUNDER SUCH LAW.CUSTOMER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS AGREEMENT.

Appears in 1 contract

Samples: Source Code License Agreement

Warranty Disclaimer. YOUR USE OF THE PLATFORM SERVICE IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS", “AS AVAILABLE” AND “WITH ALL FAULTS,” AND “AS AVAILABLE.” ”, WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, STATUTORY IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO: (1) REGARDING THE WARRANTIES SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENTSECURITY, NO LIENS ACCURACY AND NO ENCUMBRANCES; (2) NON-INFRINGEMENT. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED. WITHOUT LIMITING THE WARRANTIES AGAINST INFRINGEMENTFOREGOING, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY WARRANTY OR IMPLIED REPRESENTATION THAT ACCESS TO OR OPERATION OF THE PLATFORM SERVICE WILL BE TIMELYUNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, SECUREINFORMATION, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. LIMITATION OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU DAMAGES; RELEASE TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR 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 USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. In the event that any User has a dispute with any party, such 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. YOU AGREE THAT YOUR USE OF THE PLATFORM IS ENTIRELY YOUTUBE WEBSITE SHALL BE AT YOUR OWN SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, 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, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) 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 OR 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 YOUTUBE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD- PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Appears in 1 contract

Samples: Software License Agreement

Warranty Disclaimer. YOUR USE OF EXCEPT FOR THE PLATFORM EXPRESS WARRANTY ABOVE, K12 INSIGHT PROVIDES THE SERVICE AS IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AND ON AN AS IS", “WITH AVAILABLE BASIS AND EXPRESSLY DISCLAIMS ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) , THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTNONINFRINGEMENT, TITLE, DATA ACCURACY AND QUIET ENJOYMENT. YOU UNDERSTAND THAT K12 INSIGHT IS DEPENDENT ON CERTAIN THIRD-PARTIES AND ON MATTERS OUTSIDE ITS CONTROL FOR DELIVERING THE SERVICE. K12 INSIGHT EXPRESSLY DISCLAIMS THAT THE SERVICE WILL BE UNINTERRUPTED, NO LIENS TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE. ANY MATERIAL OR DATA OBTAINED OR DOWNLOADED THROUGH THE SERVICE, INCLUDING USER RESPONSES, CUSTOMER FEEDBACK, MOBILE APPLICATIONS, REPORTS, DASHBOARDS, AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENTSAMPLE SURVEYS, MISAPPROPRIATION IS DONE AT YOUR OWN RISK AND YOU SHALL REMAIN SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED BY SUCH MATERIAL, INCLUDING ANY LOSS OF DATA OR VIOLATION OF ANY INTELLECTUAL PROPERTY DAMAGE TO YOUR COMPUTER SYSTEMS. K12 INSIGHT SHALL NOT BE RESPONSIBLE FOR YOUR FAILURE TO STORE, DOWNLOAD, OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING BACKUP ITS DATA. YOU SHALL REMAIN RESPONSIBLE TO EVALUATE THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS AND USEFULNESS OF ANY OTHER PERSON AND ALL CONTENT DELIVERED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM K12 INSIGHT OR THROUGH OR FROM THE NEEDS SERVICE SHALL CREATE ANY WARRANTY OR REQUIREMENTS SET FORTH CONDITION NOT EXPRESSLY STATED IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWAGREEMENT.

Appears in 1 contract

Samples: K12 Insight Terms of Service

Warranty Disclaimer. YOUR USE OF THE PLATFORM APP IS ENTIRELY AT YOUR OWN SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WE, AND OUR EMPLOYEES, CONTRACTORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND YOUR USE OF THE APP. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP OR ANY CONTENT AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE APP OR SERVICE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR NETWORK AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR STORED THEREON, (IV) ANY INTERRUPTION OR STOP OF COMMUNICATION WITH THE APP AND THE TRANSIT AGENCY, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE APP. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION AT ALL TIMES WHEN USING THE APP OR THE SERVICES.

Appears in 1 contract

Samples: www.tripspark.com

Warranty Disclaimer. YOUR USE OF TO THE PLATFORM MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT (AND ACCOMPANYING DOCUMENTATION) IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED ON AN "AS IS"" BASIS WITHOUT WARRANTY OF ANY KIND, “WITH ALL FAULTS,” AND “AS AVAILABLE.” EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF FOREGOING PROVISIONS, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE FOREGOINGSOFTWARE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, WE DISCLAIM AND SOLE RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, PELICAN MAKES NO WARRANTY THAT THE SOFTWARE PRODUCT WILL BE ERROR-FREE, VIRUS FREE, OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE PRODUCT WILL SATISFY YOUR SPECIFIC REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PELICAN DISCLAIMS ALL WARRANTIESWARRANTIES AND CONDITIONS, EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDINGOR STATUTORY, INCLUDING BUT NOT LIMITED TO: TO ANY (1IF ANY) THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF LACK OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SOFTWARE PRODUCT. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENTQUIET POSSESSION, MISAPPROPRIATION CORRESPONDENCE TO DESCRIPTION, OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING NON-INFRINGEMENT WITH REGARD TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON SOFTWARE PRODUCT. THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL ENTIRE RISK OF THE ABOVE IMPLIED QUALITY OF OR STATUTORY WARRANTIES TO APPLY TO YOUARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT, IF ANY, REMAINS SOLELY WITH YOU (AND NOT THE ABOVE EXCLUSIONS WILL APPLY TO YOU LICENSOR NOR ANY RESELLER OF LICENSOR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 1 contract

Samples: User License Agreement

Warranty Disclaimer. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM PACKAGE AND DOCUMENTATION ARE PROVIDED "LICENSED “AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” CROSSFLOW DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, TITLE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE FULLEST EXTENT AUTHORIZED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM CROSSFLOW EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES OF MERCHANTABILITYANY KIND FOR THE THIRD PARTY SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY DOES NOT WARRANT THAT THE PLATFORM PACKAGE WILL MEET YOUR NEEDS OR END USER’S REQUIREMENTS OR THAT OPERATION OF THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM PACKAGE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, ERROR-OR ERROR FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSESTHAT DEFECTS OR ERRORS IN THE PACKAGE WILL BE CORRECTED OR THAT THE PACKAGE WILL BE COMPATIBLE WITH FUTURE CROSSFLOW’ PRODUCTS, OR UNINTERRUPTEDTHAT ANY INFORMATION OR DATA STORED OR TRANSMITTED THROUGH THE PACKAGE WILL NOT BE LOST, CORRUPTED OR DESTROYED. IF APPLICABLE LAW DOES NOT ALLOW END USER ASSUME RESPONSIBILITY FOR SELECTING THE EXCLUSION OF SOME OR ALL PACKAGE TO ACHIEVE END USER INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM END USER’S USE OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, PACKAGE. YOU SHALL BEAR THE ABOVE EXCLUSIONS WILL APPLY TO YOU ENTIRE RISK AS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWQUALITY AND THE PERFORMANCE OF THE PACKAGE.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimer. YOUR USE OF EXCEPT AS EXPRESSLY SET FORTH IN THIS PATENT LICENSE AGREEMENT OR IN THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO SETTLEMENT AGREEMENT, NEITHER PARTY NOR THEIR AFFILIATES MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS"OF ANY KIND, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTOR NON-INFRINGEMENT, TITLEINCLUDING (1) FOR THE PURDUE COMPANIES, QUIET ENJOYMENTWITH RESPECT TO THE PURDUE PATENTS OR ANY LICENSE GRANTED BY ANY OF THE PURDUE COMPANIES HEREUNDER, NO LIENS AND NO ENCUMBRANCES; OR (2) ANY MATERIALS OR INFORMATION PROVIDED BY SUCH PARTY OR ANY OF ITS AFFILIATES UNDER THIS PATENT LICENSE AGREEMENT OR THE WARRANTIES AGAINST INFRINGEMENTSETTLEMENT AGREEMENT, MISAPPROPRIATION OR VIOLATION (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 *** Certain confidential information contained in this document, marked with three asterisks, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. PATENT LICENSE AGREEMENT OR THE SETTLEMENT AGREEMENT SHALL BE CONSTRUED AS A WARRANTY THAT ANY PATENT, THE PRACTICE OF ANY INVENTION CLAIMED IN ANY PATENT OR OTHER PROPRIETARY RIGHTS INCLUDED IN THE ’042 PATENT OR ANY LICENSE GRANTED BY ANY OF THE PURDUE COMPANIES DO NOT, OR THE MAKING, HAVING MADE, USING, SELLING, OFFERING FOR SALE OR IMPORTING OF KV PRODUCTS BY ANY PERSON DOES NOT, INFRINGE ANY PATENT RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. IT IS HEREBY AGREED AND ACKNOWLEDGED BY KV THAT THE PURDUE COMPANIES ARE GIVING NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, TO KV IN RELATION TO THE SAFETY OR THERAPEUTIC EFFECTIVENESS OF THE KV PRODUCTS OR THE VALIDITY OR ENFORCEABILITY OF ANY INTELLECTUAL PROPERTY RIGHTS. FURTHER, KV WILL NOT GIVE ANY SUCH GUARANTEE OR PROPRIETARY RIGHTS OF WARRANTY TO ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE THIRD PARTIES ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL BEHALF OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWPURDUE COMPANIES.

Appears in 1 contract

Samples: Patent License Agreement (Kv Pharmaceutical Co /De/)

Warranty Disclaimer. YOUR USE OF EXCEPT FOR THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR EXPRESS WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS"SPECIFIED ABOVE IN SECTION 12.1 AND 12.2, “WITH DYNATRACE DISCLAIMS ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGOTHER WARRANTIES, WE DISCLAIM ALL WARRANTIESWHETHER WRITTEN, ORAL, EXPRESS, STATUTORY OR IMPLIED, INCLUDINGOR STATUTORY, BUT NOT LIMITED TO: (1) INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTAND NON- INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT FACTORS SUCH AS CHANGES TO CUSTOMER’S MONITORING PROFILE, TITLENETWORK ISSUES, QUIET ENJOYMENTVERSIONS OF CUSTOMER APPLICATIONS, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENTCORRUPTED, MISAPPROPRIATION INCOMPLETE AND/OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO INTERRUPTED DATA RECEIVED BY DYNATRACE FROM CUSTOMER’S SITE(S), MAY HAVE A MATERIAL IMPACT ON THE ACCURACY, RELIABILITY, CORRECTNESSAVAILABILITY AND/OR TIMELINESS OF RESULTS, AND DYNATRACE SHALL NOT BE RESPONSIBLE FOR ANY SUCH FACTORS. DYNATRACE DOES NOT WARRANT THAT: (A) THE USE OF ANY DYNATRACE PRODUCT OR COMPLETENESS OF DATA DELIVERABLES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR CONTENT MADE AVAILABLE ON DATA; (B) THE PLATFORM PRODUCTS OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT DELIVERABLES OR ANY INFORMATION OBTAINED THROUGH THE PLATFORM PRODUCTS OR DELIVERABLES WILL MEET YOUR NEEDS OR CUSTOMER’S REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF EXPECTATIONS; (C) ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM STORED CUSTOMER DATA WILL BE TIMELY, SECURE, ACCURATEACCURATE OR RELIABLE; OR (D) THE PRODUCTS OR DELIVERABLES WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, COMPLETEOR THAT ERRORS OR DEFECTS THEREIN WILL BE CORRECTED. DYNATRACE IS NOT RESPONSIBLE FOR THE IMPACT ON THE ACCURACY, UP-TO-DATERELIABILITY, FREE AVAILABILITY AND/OR TIMELINESS OF VIRUSESRESULTS 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 ELECTRONIC COMMUNICATIONS. DYNATRACE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR UNINTERRUPTEDOTHER DAMAGES RESULTING FROM SUCH PROBLEMS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.保証の免責事項。上記の第12.1条および第12.2条で規定した明示的な保証を除き、Dynatraceは、商品性、特定目的への適合性、および権利を侵害していないことの暗示的な保証を含むがこれに限定されない、書面、口頭、明示的、暗示的、または法定の他のすべての保証を放棄します。お客様は、お客様の監視プロファイルの変更、ネットワークの問題、お客様のアプリケーションのバージョン、お客様のサイトからDynatraceが受信したデータの破損、不完全、中断などの要因が、結果の正確性、信頼性、可用性、適時性に重大な影響を与える可能性があることを認め、Dynatraceはそのような要因に対して責任を負わないものとします。Dynatraceは、以下を保証しません。(A) Dynatrace製品または成果物の使用が他のハードウェア、ソフトウエア、システムやデータと組み合わせて動作すること。(B)本製品や成果物、または製品や成果物を通じて得られる情報がお客様の要件または期待を満たすこと。 (C)保存されているお客様のデータが正確または信頼できること。(D)本製品または成果物が中断されず、エラーやウイルスがなく、その中のエラーや欠陥が修正されること。Dynatraceは、お客様の監視プロファイルの変更、お客様のネットワークの問題、お客様のアプリケーションのバージョン、お客様のサイトから受信したデータの破損、不完全、中断、またはインターネットや電子通信の使用に固有のその他の問題を含む、合理的に制御できない要因が結果の正確性、信頼性、可用性、および/または適時性に与える影響について責任を負わないものとします。 Dynatraceは、このような問題に起因する遅延、納入の失敗、またはその他の損害について責任を負いません。

Appears in 1 contract

Samples: Master Subscription Agreement

Warranty Disclaimer. YOUR USE OF CUSTOMER ACKNOWLEDGES THAT THE PLATFORM EQUIPMENT IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM PROVIDED HEREUNDER ARE PROVIDED "ON “AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.BASIS ONLY, WITHOUT LIMITING THE GENERALITY WARRANTY OF THE FOREGOINGANY KIND, WE DISCLAIM AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, EXPRESSCONDITIONS, STATUTORY OR IMPLIEDREPRESENTATIONS, INCLUDING, INCLUDING BUT NOT LIMITED TO: (1) , THE CONDITION OF THE EQUIPMENT, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTACCURACY, TITLETIMELINESS, QUIET ENJOYMENTCOMPLETENESS, NO LIENS ADEQUACY AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENTNONINFRINGEMENT OR WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE TRADE ARE EXCLUDED BY SNAPPETSCALE CALIBRATORS. THERE IS NO WARRANTY SCALE CALIBRATORS DOES NOT WARRANT THAT THE PLATFORM SYSTEMS OR EQUIPMENT WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON AND OPERATE ON AN UNINTERRUPTED OR ERROR -FREE BASIS. THE CUSTOMER IS SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE EQUIPMENT AND / OR SYSTEM OR THE NEEDS INFORMATION CONTAINED THEREIN, INCLUDING INACCURATE OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATIONINCOMPLETE INFORMATION. WE MAKE ADDITIONALLY, SCALE CALIBRATORS MAKES NO WARRANTIES, EXPRESS, STATUTORY REPRESENTATIONS OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWCONCERNING CUSTOMER'S REIMBURSEMENT FOR PROCEDURES.

Appears in 1 contract

Samples: Equipment Rental Agreement Terms and Conditions

Warranty Disclaimer. YOUR THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE PLATFORM SERVICES IS ENTIRELY AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN RISKDISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE NO REPRESENTATIONS OR ANY WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS"OF ANY KIND, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY EITHER EXPRESS OR IMPLIED, INCLUDINGCONCERNING THE HARDWARE, BUT NOT LIMITED TO: (1) THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIESWARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, EXPRESSTHE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, STATUTORY OR IMPLIED THAT THE PLATFORM SERVICES WILL MEET ANY USER'’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, ERROR-SECURE OR ERROR FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 1 contract

Samples: Electronic Banking Agreement

Warranty Disclaimer. YOUR USE OF EXCEPT TO THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT EXTENT EXPLICITLY STATED OTHERWISE IN THIS AGREEMENT, THE PLATFORM. THE PLATFORM PRODUCTS AND ANY RELATED SERVICES ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, ANY KIND WHATSOEVER (WHETHER EXPRESS, STATUTORY IMPLIED OR IMPLIEDSTATUTORY), INCLUDING, BUT NOT LIMITED TO: (1) THE INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENTAND NON-INFRINGEMENT, A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED BY INFINIDAT. IN ADDITION, INFINIDAT MAKES NO LIENS AND NO ENCUMBRANCESREPRESENTATION, WARRANTY, GUARANTEE OR CONDITION (a) THAT THE SOFTWARE WILL OPERATE IN THE COMBINATIONS WHICH YOU MAY SELECT FOR USE; (2b) REGARDING THE WARRANTIES AGAINST INFRINGEMENTCONTENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACYEFFECTIVENESS, USEFULNESS, RELIABILITY, CORRECTNESSAVAILABILITY, TIMELINESS, QUALITY, ACCURACY OR COMPLETENESS OF DATA ANY OF THE PRODUCTS OR CONTENT MADE AVAILABLE ON DOCUMENTATION; (c) THAT YOUR USE OF THE PLATFORM PRODUCT OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM DOCUMENTATION WILL MEET YOUR NEEDS REQUIRMENTS OR REQUIREMENTS EXPECTATIONS, OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELYUNINTERRUPTED, SECURE, ACCURATE, SECURE OR ERROR-FREE; or (d) THAT ANY ERROR CONDITIONS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION GIVEN BY INFINIDAT, COMPLETEITS AUTHORIZED AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED IN THIS AGREEMENT, UP-TO-DATE, FREE AND YOU MAY NOT RELY ON ANY SUCH INFORMATION. THIS SECTION 5.9 (WARRANTY DISCLAIMER) CONSTITUTES AN ESSENTIAL PART OF VIRUSES, OR UNINTERRUPTEDTHIS AGREEMENT. IF APPLICABLE LAW DOES SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO EXCLUSIONS MAY NOT APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 1 contract

Samples: Infinidat End User License Agreement

Warranty Disclaimer. YOU AGREE THAT YOUR USE OF THE PLATFORM IS ENTIRELY TENDERTIGER SERVICE SHALL BE AT YOUR OWN SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TENDERTIGER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. TENDERTIGER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR 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 SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN 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 TENDERTIGER SERVICE. TENDERTIGER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TENDERTIGER SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND TENDERTIGER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Appears in 1 contract

Samples: www.tendertiger.com

Warranty Disclaimer. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK24.1. WE NEITHER FIRST TECHNOLOGY, NOR ITS AFFILIATES, OFFICERS, DIRECTORS, LICENSORS, SUPPLIERS, EMPLOYEES OR AGENTS MAKE NO ANY REPRESENTATIONS OR WARRANTIES ABOUT WARRANTIES, EXPRESS OR IMPLIED, THAT THE PLATFORMFIRST TECHNOLOGY SITE, THE MARKETPLACE PROGRAM, ANY PARTNER TOOL, SERVICES PROVIDED BY FIRST TECHNOLOGY OR ANY SERVICE PROVIDER, OR SOFTWARE USED TO PROVIDE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE, AND SELLER AGREES THAT FIRST TECHNOLOGY WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS, INCLUDING WITHOUT LIMITATION, SYSTEM OR SOFTWARE FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY TRANSACTIONS. NEITHER FIRST TECHNOLOGY NOR ITS AFFILIATES, OFFICERS, DIRECTORS, LICENSORS, SUPPLIERS, EMPLOYEES OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO SELLER WITH RESPECT TO THE PLATFORM SALE OF SELLER’S PRODUCTS THROUGH THE MAKRO SITE PURSUANT TO THIS AGREEMENT, AND ALL SUCH SERVICES PROVIDED BY FIRST TECHNOLOGY ARE PROVIDED "AS ON AN “AS-IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGBASIS. FIRST TECHNOLOGY AND ITS AFFILIATES, WE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIESWARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR IMPLIEDOTHERWISE, INCLUDING, BUT NOT LIMITED TO: (1) WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS TITLE AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE AND THOSE IMPLIED WARRANTIES ARISING THROUGH OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN OF TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 1 contract

Samples: Seller Agreement

Warranty Disclaimer. YOUR USE OF TO THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM. THE PLATFORM SERVICES ARE PROVIDED TO YOU "AS IS," ", “AS AVAILABLE," AND "WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING " NEITHER COMPANY NOR ANY OF OUR OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, OR LICENSORS (COLLECTIVELY, THE GENERALITY OF THE FOREGOING"COMPANY PARTIES") MAKE ANY REPRESENTATIONS, WE DISCLAIM ALL WARRANTIES, EXPRESSPROMISES, OR GUARANTEES OF ANY KIND WHATSOEVER AS TO THE SOFTWARE, CONTENT, THIRD PARTY SERVICES, OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR IMPLIED, INCLUDING, BUT OTHERWISE. THE COMPANY PARTIES DO NOT LIMITED TOWARRANT THAT: (1A) THE SERVICES OR THIRD PARTY SERVICES WILL BE ACCURATE OR RELIABLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, FREE OF VIRUSES, AVAILABLE WHEN YOU DESIRE TO UTILIZE THEM, OR OPERATE THEM IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, (B) ANY STORED DATA INCLUDING TITAN DATA WILL BE ACCURATE, SECURE, OR RELIABLE, OR (C) ERRORS OR DEFECTS WILL BE CORRECTED TO THE FULLEST EXTENT PERMITTED BY YOUR LOCAL LAW, THE COMPANY PARTIES DISCLAIM ANY IMPLIED WARRANTIES OF INCLUDING FOR NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWSATISFACTORY QUALITY.

Appears in 1 contract

Samples: User License Agreement

Warranty Disclaimer. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING ANY GUARANTEE, CONDITION, WARRANTY OR TERM IMPOSED BY APPLICABLE LAW AND WHICH CANNOT BE EXCLUDED, THE GENERALITY OF THE FOREGOINGSOFTWARE IS PROVIDED ON AN AS-IS BASIS. NUIX DOES NOT MAKE, WE DISCLAIM AND HEREBY DISCLAIMS, ANY AND ALL OTHER STATUTORY, EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, EXPRESSGUARANTEES, STATUTORY OR IMPLIED, INCLUDING, CONDITIONS WITH RESPECT TO THE SOFTWARE OR ANY OTHER PRODUCT OR SERVICES (INCLUDING BUT NOT LIMITED TO: (1) THE TO ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTNON- INFRINGEMENT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESSQUALITY, OR COMPLETENESS SUITABILITY FOR LICENSEE’S REQUIREMENTS, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY (OF DATA OR CONTENT MADE AVAILABLE ON ANY OTHER INFORMATION OR CONTENT), ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT) AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY FOREGOING, NUIX DOES NOT WARRANT THAT THE PLATFORM SOFTWARE OR OTHER PRODUCTS OR SERVICES WILL MEET YOUR NEEDS OR LICENSEE’S REQUIREMENTS OR THAT ANY USE OF THE NEEDS SOFTWARE OR REQUIREMENTS OTHER PRODUCTS OR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE OR OTHER PRODUCTS OR SERVICES WILL BE CORRECTED OR THAT THE SOFTWARE WILL DETECT OR CORRECT ANY THREATS OR HARMFUL COMPONENTS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND OTHER PRODUCTS AND SERVICES ARE PROVIDED TO LICENSEE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND FOR LICENSEE’S INTERNAL BUSINESS USE ONLY. LICENSEE IS RESPONSIBLE FOR DETERMINING WHETHER ANY INFORMATION GENERATED FROM USE OF THE SOFTWARE OR ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATIONPRODUCT IS ACCURATE AND SUFFICIENT FOR LICENSEE’S PURPOSES. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF SOME GUARANTEES, CONDITIONS, WARRANTIES OR TERMS IMPLIED OR IMPOSED BY APPLICABLE LAW OR DO NOT ALLOW LIMITATIONS ON HOW LONG ANY SUCH GUARANTEE, CONDITION, WARRANTY OR TERM MAY LAST. AS A RESULT, NOT ALL OF THE ABOVE LIMITATIONS IN THIS SECTION 11 WILL NECESSARILY APPLY TO EVERY LICENSEE. NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES 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-EXCLUDABLE PROVISION"), SUBJECT TO SECTION 12.3 (NON-EXCLUDABLE STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWPROVISIONS).

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimer. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM SITE AND MATERIALS ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING PARSOLEX DOES NOT WARRANT OR GUARANTEE THE GENERALITY ACCURACY, COMPLETENESS, ADEQUACY, OR CURRENCY OF THE FOREGOINGSITE, WE DISCLAIM MATERIALS, ANYTHING ELSE PROVIDED BY OR ON BEHALF OF PARSOLEX, OR THE PRODUCTS ADVERTISED ON THE SITE OR OTHER DATA, INFORMATION OR THIRD-PARTY CONTENT THAT MAY BE PROVIDED THROUGH THE SITE. PARSOLEX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIESWARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITE, MATERIALS, AND OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, STATUTORY IMPLIED, OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO: (1) THE WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTMERCHANTABILITY, TITLE, QUIET ENJOYMENTOR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PARSOLEX OR ITS EMPLOYEES, NO LIENS AND NO ENCUMBRANCES; (2) WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE EXPRESSLY SET FORTH IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPETTHIS SECTION. THERE IS PARSOLEX MAKES NO WARRANTY THAT THE PLATFORM SITE OR MATERIALS (a) WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM (b) WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR ERROR-FREE. ANY PERMITTED USES OF MATERIALS OTHER THAN VIEWING ARE DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH OTHER PERMITTED USES. LIMITATION OF LIABILITY PARSOLEX WILL NOT BE LIABLE FOR ANY INDIRECT, COMPLETEINCIDENTAL, UP-TO-DATESPECIAL, FREE OF VIRUSESRELIANCE, PUNITIVE, EXEMPLARY, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF SOME LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR ALL TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE ABOVE IMPLIED ACCESS TO OR STATUTORY WARRANTIES USE OF THE SITE OR MATERIALS, EVEN IF PARSOLEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF OR ALTERATION TO APPLY TO YOUCOMMUNICATIONS CONTENT, THE ABOVE EXCLUSIONS OPPORTUNITY, REVENUES, PROFITS OR REPUTATION, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE CONTENT, GOODS OR SERVICES. PARSOLEX’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL APPLY TO NOT EXCEED $100. YOU AGREE THAT PARSOLEX WOULD NOT ENTER INTO THIS AGREEMENT USE WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, PARSOLEX’S LIABILITY IS LIMITED TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 1 contract

Samples: Parsolex Terms of Use

Warranty Disclaimer. YOUR USE OF TO THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS PROVIDED IN SECTION L, THE PLATFORM. THE PLATFORM SOFTWARE AND SERVICE (AND ACCOMPANYING DOCUMENTATION) ARE PROVIDED "ON AN “AS IS"” BASIS WITHOUT WARRANTY OF ANY KIND, “WITH ALL FAULTS,” AND “AS AVAILABLE.” EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF FOREGOING, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE SERVICE TO ACHIEVE YOUR INTENDED RESULTS, AND SOLE RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SERVICE. WITHOUT LIMITING THE FOREGOING, WE CLICKNOLOGY MAKES NO WARRANTY THAT THE SERVICE WILL BE ERROR-FREE, VIRUS-FREE, OR, EXCEPT AS SET FORTH IN THIS SECTION K, FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SERVICE WILL SATISFY YOUR SPECIFIC REQUIREMENTS. EXCEPT AS PROVIDED IN THIS SECTION K, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLICKNOLOGY AND ITS SUPPLIERS DISCLAIM ALL WARRANTIESWARRANTIES AND CONDITIONS, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDINGOR STATUTORY, INCLUDING BUT NOT LIMITED TO: TO ANY (1IF ANY) THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF LACK OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SERVICE AND ASSOCIATED DOCUMENTATION. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENTQUIET POSSESSION, MISAPPROPRIATION CORRESPONDENCE TO DESCRIPTION, OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING NON-INFRINGEMENT WITH REGARD TO THE ACCURACYSERVICE. THE ENTIRE RISK OF THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SERVICE, RELIABILITYIF ANY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE REMAINS SOLELY WITH YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO IMPLIED WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF SO THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO LIMITATION MAY NOT APPLY TO YOU, . THE ABOVE EXCLUSIONS WILL APPLY TO YOU FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 1 contract

Samples: Subscription Agreement

Warranty Disclaimer. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM SOFTWARE, DOCUMENTATION, AND TSSA LEASE FORMS ARE PROVIDED TO LICENSEE "AS IS", “" AND WITH ALL FAULTS,” FAULTS AND “AS AVAILABLE.” DEFECTS WITHOUT LIMITING WARRANTY OF ANY KIND. TO THE GENERALITY OF THE FOREGOINGMAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE BMS AND TSSA EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR IMPLIEDOTHERWISE, INCLUDINGWITH RESPECT TO THE SOFTWARE, BUT NOT LIMITED TO: (1) THE DOCUMENTATION, AND TSSA LEASE FORMS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS TITLE AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST NON- INFRINGEMENT, MISAPPROPRIATION AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR VIOLATION TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY INTELLECTUAL PROPERTY KIND THAT THE LICENSED SOFTWARE WILL MEET THE LICENSEE'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR PROPRIETARY RIGHTS WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, TSSA AND BMS EXPRESSLY DISCLAIM ANY WARRANTY WITH RESPECT TO THE WRITTEN CONTENT OF ANY PERSON; (3) OF THE FORMS. FURTHER, TSSA AND BMS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING WITH RESPECT TO THE ACCURACYLEGALITY OF THE WRITTEN CONTENT OF THE FORMS. ALTHOUGH TSSA RETAINS COUNSEL TO REVIEW THE TSSA LEASE FORMS IN EACH JURISDICTION IN WHICH THE FORMS ARE OFFERED, RELIABILITYYOU SHOULD RETAIN YOUR OWN ATTORNEY TO REVIEW THE TSSA LEASE FORMS AND PROVIDE LEGAL ADVICE ON THEIR USE, CORRECTNESSAND WHETHER OR NOT ADDITIONAL ADDENDA OR INFORMATION SHOULD BE ADDED TO THE TSSA LEASE FORMS. TSSA AND BMS DO NOT PROVIDE LEGAL ADVICE, OR COMPLETENESS AND YOUR USE OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT SOFTWARE AND THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW TSSA LEASE FORMS DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWCREATE AN ATTORNEY-CLIENT RELATIONSHIP.

Appears in 1 contract

Samples: License Agreement

Warranty Disclaimer. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ALL PRODUCTS ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY RENTOUCH AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF THE FOREGOINGANY KIND, WE DISCLAIM ALL WARRANTIESINCLUDING ANY WARRANTY OF NONINFRINGEMENT, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES OF MERCHANTABILITYTITLE, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTFUNCTIONALITY, TITLEOR MERCHANTABILITY, QUIET ENJOYMENTWHETHER EXPRESS, NO LIENS AND NO ENCUMBRANCES; (2) IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE WARRANTIES AGAINST INFRINGEMENTDURATION OF STATUTORILY REQUIRED WARRANTIES, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING IF ANY, SHALL BE LIMITED TO THE ACCURACYSHORTEST PERIOD PERMITTED BY LAW. RENTOUCH SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF RENTOUCH. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER RENTOUCH NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, CORRECTNESSTIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF DATA ANY PRODUCTS OR ANY CONTENT MADE AVAILABLE ON THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE PLATFORM USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR OTHERWISE ERROR-FREE; (B) THE 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 SNAPPET. THERE IS NO WARRANTY THAT YOU THROUGH THE PLATFORM PRODUCTS) WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF EXPECTATIONS); (D) ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM STORED DATA WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES, VIRUSES OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWOTHER HARMFUL COMPONENTS.

Appears in 1 contract

Samples: Customer Agreement

Warranty Disclaimer. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM AGGREGATED PACKAGE AND DOCUMENTATION ARE PROVIDED "LICENSED “AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” JELASTIC DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, TITLE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, TO THE FULLEST EXTENT AUTHORIZED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM JELASTIC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES OF MERCHANTABILITYANY KIND FOR THE THIRD PARTY SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY DOES NOT WARRANT THAT THE PLATFORM AGGREGATED PACKAGE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THAT OPERATION OF THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM AGGREGATED PACKAGE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, ERROR-OR ERROR FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSESTHAT DEFECTS OR ERRORS IN THE AGGREGATED PACKAGE WILL BE CORRECTED OR THAT THE AGGREGATED PACKAGE WILL BE COMPATIBLE WITH FUTURE JELASTIC’ PRODUCTS, OR UNINTERRUPTEDTHAT ANY INFORMATION STORED OR TRANSMITTED THROUGH THE AGGREGATED PACKAGE WILL NOT BE LOST, CORRUPTED OR DESTROYED. IF APPLICABLE LAW DOES NOT ALLOW YOU ASSUME RESPONSIBILITY FOR SELECTING THE EXCLUSION OF SOME OR ALL AGGREGATED PACKAGE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, AGGREGATED PACKAGE. YOU SHALL BEAR THE ABOVE EXCLUSIONS WILL APPLY TO YOU ENTIRE RISK AS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWQUALITY AND THE PERFORMANCE OF THE AGGREGATED PACKAGE.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimer. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM LICENSED PRODUCT AND DAFC DATA ARE PROVIDED "AS IS"" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, “WITH ALL FAULTS,” WITHOUT LIMITATION, ANY WARRANTIES AS TO ACCURACY, FUNCTIONALITY, PERFORMANCE OR MERCHANTABILITY. DAFC AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SOURCES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO: (1) WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS PURPOSE AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH FROM TRADE USAGE, COURSE OF DEALING OR USAGE IN TRADE; COURSE OF PERFORMANCE. DAFC AND (4) THE WARRANTIES RELATING TO SOURCES MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, RELIABILITYCOMPLETENESS, CORRECTNESSSEQUENCE, TIMELINESS OR AVAILABILITY OF THE LICENSED PRODUCT, DAFC DATA OR ANY OTHER INFORMATION OR THE LIKELIHOOD OF PROFITABLE TRADING USING THE LICENSED PRODUCT OR DAFC DATA. SUBSCRIBER ACCEPTS FULL RESPONSIBLITY FOR ANY INVESTMENT DECISIONS OR STOCK TRANSACTIONS MADE BY SUBSCRIBER. NO SALES PERSONNEL, EMPLOYEES, AGENTS OR REPRESENTATIVES OF DAFC OR ANY THIRD PARTY ARE AUTHORIZED TO MAKE ANY REPRESENTATION, WARRANTY OR COVENANT ON BEHALF OF DAFC. ACCORDINGLY, ADDITIONAL ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES AND SHOULD NOT BE RELIED UPON AND ARE NOT PART OF THIS AGREEMENT. NEITHER DAFC NOR ANY OF ITS AFFILIATES OR THE SOURCES INCLUDING, WITHOUT LIMITATION, THE EXCHANGES, REPRESENT OR WARRANT THAT THE LICENSED PRODUCT OR DAFC DATA WILL BE UNINTERRUPTED OR ERROR- FREE. SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE LICENSED PRODUCT, DAFC DATA OR ANY OTHER INFORMATION IS AT SUBSCRIBER'S SOLE RISK AND THAT DAFC AND THE SOURCES SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTION OF SERVICES, DELAYS OR ERRORS CAUSED BY ANY TRANSMISSION OR DELIVERY OF THE LICENSED PRODUCT, DAFC DATA OR ANY OTHER INFORMATION OR CAUSED BY ANY COMMUNICATIONS SERVICE PROVIDERS. LICENSEE HEREBY AGREES AND ACKNOWLEDGES THAT THE SOFTWARE IS IN A "BETA" TEST PHASE AND AS A RESULT HAS NO TRACK RECORD OR PROVEN ABILITY TO OBTAIN THE INTENDED RESULTS. LICENSOR MAKES NO WARRANTIES AS TO THE PERFORMANCE OR RESULTS OF THE SOFTWARE, THE HARDWARE, OR COMPLETENESS THE APPLICATION SERVICES. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION AND NONRENEWAL OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWTHIS AGREEMENT.

Appears in 1 contract

Samples: Dafc Subscriber Agreement

Warranty Disclaimer. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, MNG HAS NOT MADE AND SHALL NOT BE DEEMED TO HAVE MADE ANY REPRESENTATIONS OR WARRANTIES ABOUT OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, EITHER HEREIN OR OTHERWISE, AS TO THE PLATFORM. NON-BAY AREA BUSINESS OR THE PLATFORM ARE PROVIDED "AS IS"BAY AREA BUSINESS, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY ASSETS OF THE NON-BAY AREA BUSINESS OR THE BAY AREA BUSINESS, THE LIABILITIES OF THE NON-BAY AREA BUSINESS OR THE BAY AREA BUSINESS, THE SHARES, THE TRANSACTIONS CONTEMPLATED HEREBY OR ANY OTHER MATTER PERTAINING TO ANY OF THE FOREGOING. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, WE DISCLAIM ALL WARRANTIESMNG HAS NOT MADE AND SHALL NOT BE DEEMED TO HAVE MADE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR CHARACTER, EXPRESS, STATUTORY EXPRESS OR IMPLIED, INCLUDINGEITHER HEREIN OR OTHERWISE, BUT NOT LIMITED TO: (1) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING AS TO THE ACCURACYOTHER BUSINESS, RELIABILITYTHE OTHER BUSINESS ASSETS AND INTERESTS, CORRECTNESSTHE ASSETS OF THE ACQUIRED COMPANIES, THE ASSUMED LIABILITIES, THE LIABILITIES OF THE ACQUIRED COMPANIES OR COMPLETENESS ANY OTHER MATTER PERTAINING TO ANY OF DATA THE FOREGOING OR CONTENT MADE AVAILABLE ON TO THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT BUSINESS AND ASSETS PURCHASED PURSUANT TO THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS MNG PURCHASE AGREEMENT OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWHEARST PURCHASE AGREEMENT.

Appears in 1 contract

Samples: Stock Purchase Agreement (Medianews Group Inc)

Warranty Disclaimer. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED The Web Sites and all elements thereof are provided on an "AS IS"" basis without any warranty of any kind, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM express or implied. Rovia DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY Rovia DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR FUNCTIONS CONTAINED IN THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WEB SITES WILL BE TIMELY, SECURE, ACCURATE, UNINTERRUPTED OR ERROR-FREE, COMPLETETHAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITES OR THE SERVER THAT THEY MAKE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Rovia DOES NOT ENDORSE, WARRANT, OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION, PROMOTIONS, AND ADVERTISEMENTS ON THE WEB SITES (OR SENT TO YOU VIA E-MAIL) PROVIDED BY, ACCESSED FROM, DOWNLOADED FROM, EXTRACTED FROM, OR OTHERWISE ORIGINATING FROM PERSONS, ENTITIES, OR OTHER THIRD-PARTIES, INCLUDING, WITHOUT LIMITATION, Rovia USERS, TRAVEL AUTHORS AND EXPERTS, THIRD-PARTY WEB SITES, DATABASES, TRAVEL AGENTS, VENDORS, AND MERCHANTS. YOU ACKNOWLEDGE AND AGREE THAT SUCH INFORMATION, PROMOTIONS, AND ADVERTISEMENTS MAY NOT BE ACCURATE, CORRECT, OR UP-TO- DATE. YOU ACKNOWLEDGE THAT YOU HAVE HAD THE OPPORTUNITY TO DECIDE WHETHER OR NOT YOU WISH TO TRAVEL TO A PARTICULAR DESTINATION ON YOUR OWN ACCORD. YOU (AND NOT Rovia) ASSUME THE RISK THAT SUCH INFORMATION IS INCORRECT. YOU UNDERSTAND AND ACKNOWLEDGE THAT PROPERTIES, CONDITIONS AND METEROLOGICAL CONDITIONS MAY VARY FROM PHOTOGRAPHS OR ILLUSTRATIONS PROVIDED ON THE WEB SITES. Rovia HAS NO RESPONSIBILITY TO (AND IS NOT LIABLE FOR FAILURE TO) CHECK THE ACCURACY THEREOF PRIOR TO MAKING SUCH THIRD-DATEPARTY INFORMATION AVAILABLE TO YOU. Rovia DOES NOT ENDORSE, FREE OF VIRUSESWARRANT, OR UNINTERRUPTEDMAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION OR MATERIAL OBTAINED BY YOU FROM THIRD-PARTIES, INCLUDING ANY STATEMENTS, OPINIONS, REPRESENTATIONS, WARRANTIES, OR RECOMMENDATIONS. IF APPLICABLE LAW DOES SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF SOME OR ALL OF LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO LIMITATION MAY NOT APPLY TO YOU. Rovia DOES NOT ENDORSE, WARRANT, OR MAKE ANY REPRESENTATIONS WITH RESPECT TO ANY OF THE ABOVE EXCLUSIONS WILL APPLY TO PRODUCTS YOU TO MAY PURCHASE FROM A THIRD PARTY VENDOR OR WEB SITE THROUGH THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWWEB SITES. The foregoing shall be enforceable to the maximum extent permitted by applicable law.

Appears in 1 contract

Samples: assets.wvholdings.com

Warranty Disclaimer. YOUR QUORUM AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE QUORUM ANALYTICS SYSTEM OR ANY DERIVED ANALYTICS. QUORUM AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE PLATFORM IS ENTIRELY AT QUORUM ANALYTICS SYSTEM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE QUORUM ANALYTICS SYSTEM WILL MEET YOUR OWN RISK. WE REQUIREMENTS OR EXPECTATIONS, (C) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE QUORUM ANALYTICS SYSTEM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (D) ERRORS OR DEFECTS WILL BE CORRECTED, OR (E) THE SYSTEM OR THE SERVER(S) THAT MAKE NO REPRESENTATIONS THE QUORUM ANALYTICS SYSTEM AVAILABLE ARE FREE OF VIRUSES OR WARRANTIES ABOUT THE PLATFORMOTHER HARMFUL COMPONENTS. THE PLATFORM ARE QUORUM ANALYTICS SYSTEM IS PROVIDED "TO YOU STRICTLY ON AN “AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGBASIS. ALL CONDITIONS, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR IMPLIED, OTHERWISE INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTOR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING ARE HEREBY DISCLAIMED TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAW BY QUORUM AND ITS LICENSORS.

Appears in 1 contract

Samples: Quorum Subscription Agreement

Warranty Disclaimer. YOUR USE OF SELLERS AND PURCHASER AGREE THAT EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO ANCILLARY AGREEMENTS, SELLERS HAVE NOT MADE AND SHALL NOT BE DEEMED TO HAVE MADE ANY REPRESENTATIONS OR WARRANTIES ABOUT OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, EITHER HEREIN OR OTHERWISE, AS TO THE PLATFORM. BUSINESS, THE PLATFORM ARE PROVIDED "AS IS"ASSETS, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY ASSUMED LIABILITIES, THE TRANSACTIONS CONTEMPLATED HEREBY OR ANY OTHER MATTER PERTAINING TO ANY OF THE FOREGOING. IN ANY EVENT, WE SELLERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY AND MAKE NO REPRESENTATION OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: WARRANTY TO PURCHASER (1) THE WARRANTIES OF AS TO MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTOR QUALITY, TITLEWITH RESPECT TO ANY OF THE TANGIBLE ASSETS BEING SO TRANSFERRED, QUIET ENJOYMENTOR AS TO THE CONDITION OR WORKMANSHIP THEREOF OR THE ABSENCE OF ANY DEFECTS THEREIN, NO LIENS AND NO ENCUMBRANCES; 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), (2) THE WARRANTIES AGAINST INFRINGEMENTWITH RESPECT TO ANY PROJECTIONS, MISAPPROPRIATION ESTIMATES OR VIOLATION OF ANY INTELLECTUAL PROPERTY BUDGETS HERETOFORE DELIVERED TO OR PROPRIETARY RIGHTS OF ANY PERSON; MADE AVAILABLE TO PURCHASER, (3) WITH RESPECT TO THE WARRANTIES ARISING THROUGH COURSE VALIDITY OR PATENTABILITY OF DEALING OR USAGE IN TRADE; AND INTELLECTUAL PROPERTY, (4) THE WARRANTIES RELATING WITH RESPECT TO THE ACCURACYSCOPE OF INTELLECTUAL PROPERTY, RELIABILITY(5) WITH RESPECT TO ANY WARRANTY AGAINST NONINFRINGEMENT OF THIRD PARTY RIGHTS, CORRECTNESSINCLUDING INTELLECTUAL PROPERTY RIGHTS, OR COMPLETENESS OF DATA (6) WITH RESPECT TO ANY OTHER INFORMATION OR CONTENT DOCUMENTS MADE AVAILABLE ON TO PURCHASER EXCEPT, IN THE PLATFORM CASE OF CLAUSES (4), (5) AND (6) ONLY, AS EXPRESSLY COVERED BY A REPRESENTATION OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH CONTAINED IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.SECTIONS 6.1 THROUGH 6.20

Appears in 1 contract

Samples: Asset Purchase Agreement (Finisar Corp)

Warranty Disclaimer. YOUR USE TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND BY THE PLATFORM IS ENTIRELY AT YOUR OWN RISKLICENSOR. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ALL PRODUCTS, SOFTWARE, PACKAGE, MATERIAL, SERVICES AND OTHER MATERIALS (IF ANY) ARE FURNISHED BY THE PLATFORM. LICENSOR AND ACCEPTED BY THE PLATFORM ARE PROVIDED "LICENSEE FOR ITSELF AND FOR ANY AUTHORISED USER, “AS IS", “WITH ”. ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESSWHETHER STATUTORY, STATUTORY EXPRESS OR IMPLIED, INCLUDINGARE SPECIFICALLY EXCLUDED AND DISCLAIMED BY THE LICENSOR, BUT NOT LIMITED TOINCLUDING WITHOUT LIMITATION ANY IMPLIED OR OTHER WARRANTIES OF OR AGAINST: (1i) THE WARRANTIES OF MERCHANTABILITYINTERFERENCE WITH QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSENON-INFRINGEMENT, WORKMANLIKE EFFORT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, TITLE, QUIET ENJOYMENTCOMPATIBILITY, INTEGRATION, NO LIENS AND ENCUMBRANCES, NO ENCUMBRANCES; LIENS, TITLE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, (2ii) THAT ANY PRODUCTS, SOFTWARE, PACKAGE MATERIAL, SERVICES OR OTHER MATERIALS WILL CONFORM TO ANY DEMONSTRATION OR PROMISE BY THE WARRANTIES AGAINST INFRINGEMENTLICENSOR, MISAPPROPRIATION OR VIOLATION OF (iii) OR THAT MAY ARISE THROUGH ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING BETWEEN THE PARTIES. THE LICENSOR DOES NOT WARRANT THAT THE PRODUCTS, SOFTWARE, PACKAGE MATERIAL, SERVICES OR USAGE ANY OTHER MATERIALS PROVIDED HEREUNDER WILL MEET THE LICENSEE’S REQUIREMENTS OR THAT THEY OR THEIR ACCESS OR USE WILL BE UNINTERRUPTED, ERROR FREE, OR COMPLETELY SECURE. EXCEPT AS EXPRESSLY PROVIDED IN TRADE; AND (4) THIS CLAUSE, THE WARRANTIES RELATING ENTIRE RISK AS TO THE ACCURACYPRODUCTS, RELIABILITYSOFTWARE, CORRECTNESSPACKAGE MATERIAL, SERVICES AND ANY OTHER MATERIALS PROVIDED BY THE LICENSOR IS WITH THE LICENSEE, INCLUDING FOR QUALITY AND PERFORMANCE AND FOR ACCURACY OR COMPLETENESS QUALITY OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM ANY INFORMATION TRANSMITTED, RECEIVED OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT DELIVERED VIA THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIESPACKAGE, EXPRESSSOFTWARE, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWPRODUCTS AND SERVICES.

Appears in 1 contract

Samples: ldra.com

Warranty Disclaimer. 1. YOU AGREE THAT YOUR USE OF THE PLATFORM IS ENTIRELY SERVICES SHALL BE AT YOUR OWN SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOEDUCATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. GOEDUCATE 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, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) 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 OR 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. GOEDUCATE 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 GOEDUCATE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Appears in 1 contract

Samples: material.gohubbs.com

Warranty Disclaimer. YOUR USE OF THE PLATFORM ODV SOFTWARE IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS"" WITHOUT WARRANTY OF ANY KIND, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) , THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) . THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING ENTIRE RISK AS TO THE ACCURACYQUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, RELIABILITYYOU ASSUME THE COST OF ALL NECESSARY SERVICING, CORRECTNESSREPAIR OR CORRECTION. IN NO EVENT WILL AWI, ITS CONTRIBUTORS OR COMPLETENESS ANY ODV COPYRIGHT HOLDER BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY DIRECT, INDIRECT, GENERAL, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR CONTENT MADE AVAILABLE ON DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES, A FAILURE OF THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF SOFTWARE TO OPERATE WITH ANY OTHER PERSON SOFTWARE OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATIONBUSINESS INTERRUPTION). WE MAKE NO WARRANTIESXxxxxx Xxxxxxx Institute, EXPRESSXx Xxxxxxxxxxxx 00, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY00000 Xxxxxxxxxxx, SECUREXxxxxxx, ACCURATE, ERRORE-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.Mail: odv_license at xxx.xx Contents 2 COLLECTIONS 1

Appears in 1 contract

Samples: License Agreement

Warranty Disclaimer. YOUR USE EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTY WITH RESPECT TO ANY TECHNOLOGY, PATENTS, GOODS, SERVICES, RIGHTS OR OTHER SUBJECT MATTER OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS"THIS AGREEMENT, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE EACH PARTY HEREBY DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT WITH RESPECT TO ANY AND ALL OF THE FOREGOING. THE PARTIES ACKNOWLEDGE THAT ANY INFORMATION, WORKMANLIKE EFFORTBIOLOGICAL MATERIAL AND KNOW-HOW PROVIDED BY ONE PARTY TO ANOTHER HEREUNDER, TITLE, QUIET ENJOYMENT, ARE PROVIDED “AS IS” WITH NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY KIND, EXPRESS OR IMPLIED. NEITHER PARTY MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER RELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION WITH RESPECT TO ANY COMPUGEN INTELLECTUAL PROPERTY, BAYER INTELLECTUAL PROPERTY, PROGRAM KNOW-HOW OR THE PERFORMANCE, CONDITION, ORIGINALITY OR ACCURACY OF THE RESULTS OF THE RESEARCH PROGRAM. SUBJECT TO SECTION 11.2, NEITHER PARTY MAKES ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY COMPUGEN INTELLECTUAL PROPERTY, BAYER INTELLECTUAL PROPERTY OR PROPRIETARY PROGRAM KNOW-HOW OR THAT THE USE OR PRACTICE OF ANY OF THE FOREGOING WILL NOT INFRINGE ANY PATENT RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACYA THIRD PARTY. Portions of the exhibit, RELIABILITYindicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWas amended.

Appears in 1 contract

Samples: Confidential Treatment (Compugen LTD)

Warranty Disclaimer. YOUR USE OF THE PLATFORM EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL AND RANGE MAKES NO WARRANTIES, EXPRESS, STATUTORY EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO: (1) TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ANY SIMILAR WARRANTY, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. RANGE MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). THE ENTIRE RISK ASSOCIATED WITH THE USE OF ANY PERSON; (3) RENTAL DEVICE SHALL BE BORNE SOLELY BY YOU. SOME JURISDICTIONS DO NOT PERMIT THE WARRANTIES ARISING THROUGH COURSE DISCLAIMER OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO CERTAIN IMPLIED WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL SO CERTAIN OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT RANGE CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE ABOVE EXCLUSIONS SCOPE AND DURATION OF SUCH WARRANTY WILL APPLY TO YOU TO BE THE FULLEST EXTENT MINIMUM PERMITTED BY APPLICABLE UNDER SUCH LAW.

Appears in 1 contract

Samples: Range Equipment Lease Program and Rental Agreement

Warranty Disclaimer. YOUR USE OF THE PLATFORM MANUAL IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS"." GHDFC DOES NOT MAKE ANY, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGHEREBY DISCLAIMS ALL, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES WITHOUT LIMITATION, ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, INTEGRATION, SECURITY, OR FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION PURPOSE OR VIOLATION OF USE OR ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES OTHER WARRANTY RELATING TO THE ACCURACYMANUAL. IN NO EVENT WILL GHDFC, RELIABILITYITS OFFICERS, CORRECTNESSDIRECTORS, EMPLOYEES, AGENTS OR COMPLETENESS CONTRACTORS (THE "GHDFC PARTIES") BE LIABLE TO LICENSEE, ITS USERS (OR ANY OF DATA THEIR RESPECTIVE AGENTS OR CONTENT MADE AVAILABLE ON THE PLATFORM REPRESENTATIVES) OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN. IN NO EVENT WILL THE LIABILITY OF THE GHDFC PARTIES IN THE AGGREGATE FOR ANY ALLOWABLE DAMAGES EXCEED IN THE AGGREGATE THE TOTAL AMOUNT PAID BY SNAPPET. THERE IS NO WARRANTY THAT LICENSEE UNDER THIS AGREEMENT OR, IF NONE, THEN THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR AMOUNT OF ONE THOUSAND DOLLARS IN THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTEDAGGREGATE FOR ALL CLAIMS. IF APPLICABLE LAW DOES NOT ALLOW LICENSEE OR ANY OF ITS USERS IS DISSATISFIED WITH THE EXCLUSION MANUAL, LICENSEE'S AND ITS USERS' SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWMANUAL AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 19.

Appears in 1 contract

Samples: Manual License Agreement

Warranty Disclaimer. YOUR USE OF SELLER, STOCKHOLDER AND PURCHASER AGREE THAT EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO ANCILLARY AGREEMENTS, SELLER AND STOCKHOLDER HAVE NOT MADE AND SHALL NOT BE DEEMED TO HAVE MADE ANY REPRESENTATIONS OR WARRANTIES ABOUT OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, AS TO THE PLATFORMBUSINESS, THE PURCHASED ASSETS, THE ASSUMED LIABILITIES, THE TRANSACTIONS CONTEMPLATED HEREBY OR ANY OTHER MATTER PERTAINING TO ANY OF THE FOREGOING. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SELLER AND STOCKHOLDER EXPRESSLY DISCLAIM AND MAKE NO REPRESENTATION OR WARRANTY TO PURCHASER (1) AS TO MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR QUALITY, WITH RESPECT TO ANY OF THE PLATFORM ARE PROVIDED "TANGIBLE ASSETS BEING SO TRANSFERRED, OR AS IS"TO 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 CALIFORNIA UNIFORM COMMERCIAL CODE OR THE UNIFORM COMMERCIAL CODE OF ANY OTHER APPLICABLE JURISDICTION OR IN ANY STATUTE APPLICABLE TO REAL PROPERTY), (2) WITH ALL FAULTS,” RESPECT TO ANY PROJECTIONS, ESTIMATES OR BUDGETS HERETOFORE DELIVERED TO OR MADE AVAILABLE TO PURCHASER, (3) WITH RESPECT TO THE VALIDITY OR PATENTABILITY OF INTELLECTUAL PROPERTY, (4) WITH RESPECT TO THE SCOPE OF INTELLECTUAL PROPERTY, (5) WITH RESPECT TO ANY WARRANTY AGAINST NONINFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, OR (6) WITH RESPECT TO ANY OTHER INFORMATION OR DOCUMENTS MADE AVAILABLE TO PURCHASER EXCEPT, IN THE CASE OF CLAUSES (4), (5) AND (6) ONLY, AS AVAILABLE.” EXPRESSLY COVERED BY A REPRESENTATION OR WARRANTY CONTAINED IN SECTIONS 4.1 THROUGH 4.29 HEREOF. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGFOREGOING AND, WE DISCLAIM ALL WARRANTIESEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EXPRESSTHE ASSETS ARE BEING SOLD, STATUTORY CONVEYED, TRANSFERRED, ASSIGNED AND DELIVERED AND THE ASSUMED LIABILITIES ARE BEING ASSUMED "AS IS" AND "WHERE IS". ANY COST ESTIMATES, PROJECTIONS OR IMPLIEDOTHER PREDICTIONS, INCLUDING, INCLUDING BUT NOT LIMITED TO: (1) TO THOSE CONTAINED OR REFERRED TO IN THE SCHEDULES HERETO, ARE NOT, AND SHALL NOT BE DEEMED TO BE, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS SELLER AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWSTOCKHOLDER.

Appears in 1 contract

Samples: Asset Purchase Agreement (Finisar Corp)

Warranty Disclaimer. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM OVERTURE MARKETPLACE IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED OVERTURE MARKETPLACE IS AVAILABLE ON AN "AS IS"" BASIS, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY WARRANTY OF THE FOREGOINGANY KIND, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY 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, BUT NOT LIMITED TO: WITHOUT LIMITATION (1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF THE OVERTURE MARKETPLACE AND/ OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE OVERTURE MARKETPLACE; AND (2) ANY WARRANTIES OF MERCHANTABILITY, TITLE OR WARRANTIES OF MERCHANTABILI Y OR FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES SOME STATES DO NOT ALLOW THE EXCLUSION OF SOME OR ALL OF IMPLIED WARRANTIES, SO THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, THE ABOVE EXCLUSIONS WILL APPLY AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWSTATE.

Appears in 1 contract

Samples: Roanoke Technology Corp

Warranty Disclaimer. YOUR USE THE AXCE SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN “AS-IS” BASIS. ALTOVA PROVIDES NO WARRANTIES FOR THE PLATFORM IS ENTIRELY AT YOUR OWN RISKAXCE SOFTWARE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT TO THE PLATFORM. THE PLATFORM ARE PROVIDED "AS IS"MAXIMUM EXTENT PERMITTED BY LAW, “WITH ALL FAULTS,” ALTOVA AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE ITS SUPPLIERS DISCLAIM ALL WARRANTIESWARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, STATUTORY IMPLIED OR IMPLIEDOTHERWISE, INCLUDING, BUT NOT LIMITED TO: (1) THE INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTMERCHANTABILITY, TITLESATISFACTORY QUALITY, INFORMATIONAL CONTENT, OR ACCURACY, QUIET ENJOYMENT, NO LIENS TITLE, AND NO ENCUMBRANCES; (2) NON- INFRINGEMENT. ALTOVA DOES NOT WARRANT THAT THE AXCE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IF MANDATORILY APPLICABLE LAW REQUIRES ANY WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING WITH RESPECT TO THE ACCURACYAXCE SOFTWARE, RELIABILITYALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 30 DAYS FROM THE DATE OF INSTALLATION OR BEGIN OF USE, CORRECTNESS, WHATEVER IS THE EARLIER. SOME STATES OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY SNAPPET. THERE IS NO WARRANTY THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. IF APPLICABLE LAW DOES JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF SOME OR ALL OF IMPLIED WARRANTIES, SO THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO EXCLUSION MAY NOT APPLY TO YOU, . THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR FROM JURISDICTION TO JURISDICTION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE ABOVE EXCLUSIONS ACCURACY AND ADEQUACY OF THE ACDE OR ACBE SOFTWARE FOR YOUR INTENDED USE AND YOU WILL APPLY TO YOU INDEMNIFY AND HOLD HARMLESS ALTOVA FROM ANY 3RD PARTY SUIT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWBASED UPON THE ACCURACY AND ADEQUACY OF THE ACDE OR ACBE SOFTWARE IN YOUR USE.

Appears in 1 contract

Samples: Developer License Agreement

Warranty Disclaimer. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM. THE PLATFORM ALL PRODUCTS ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY RENTOUCH AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF THE FOREGOINGANY KIND, WE DISCLAIM ALL WARRANTIESINCLUDING ANY WARRANTY OF NON- INFRINGEMENT, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) THE WARRANTIES OF MERCHANTABILITYTITLE, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTFUNCTIONALITY, TITLEOR MERCHANTABILITY, QUIET ENJOYMENTWHETHER EXPRESS, NO LIENS AND NO ENCUMBRANCES; (2) IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE WARRANTIES AGAINST INFRINGEMENTDURATION OF STATUTORILY REQUIRED WARRANTIES, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING IF ANY, SHALL BE LIMITED TO THE ACCURACYSHORTEST PERIOD PERMITTED BY LAW. RENTOUCH SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF RENTOUCH. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER RENTOUCH NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, CORRECTNESSTIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF DATA ANY PRODUCTS OR ANY CONTENT MADE AVAILABLE ON THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE PLATFORM USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR OTHERWISE ERROR-FREE; (B) THE 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 SNAPPET. THERE IS NO WARRANTY THAT YOU THROUGH THE PLATFORM PRODUCTS) WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF EXPECTATIONS); (D) ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE PLATFORM STORED DATA WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES, VIRUSES OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWOTHER HARMFUL COMPONENTS.

Appears in 1 contract

Samples: Important – Please Read This Agreement

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