Common use of Warranty Disclaimer Clause in Contracts

Warranty Disclaimer. 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 CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 Systems Inc, Multex Com Inc

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Warranty Disclaimer. BLP EXCEPT AS EXPRESSLY SET FORTH IN THIS SUPPLEMENTAL LICENSE AGREEMENT, THE PLA OR IN THE SETTLEMENT AGREEMENT, NEITHER PARTY NOR THEIR AFFILIATES MAKES NO ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTOF MERCHANTABILITY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, INCLUDING WITHOUT LIMITATION (1) FOR THE PURDUE COMPANIES, WITH RESPECT TO THE PURDUE PATENTS OR ANY LICENSE GRANTED BY ANY OF THE PURDUE COMPANIES HEREUNDER, OR (2) ANY MATERIALS OR INFORMATION PROVIDED BY SUCH PARTY OR ANY OF ITS AFFILIATES UNDER THIS SUPPLEMENTAL LICENSE AGREEMENT, THE PLA OR THE SETTLEMENT AGREEMENT, OR (3) WITH RESPECT TO ANY PRODUCTS OR SERVICES OF EITHER PARTY HERETO OR THEIR AFFILIATES. NEITHER FURTHERMORE, UNLESS EXPRESSLY STATED IN THIS SUPPLEMENTAL LICENSE AGREEMENT, THE CONTRIBUTOR NOR MULTEX MAKE 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 WARRANTIES WHATSOEVERPATENT, EXPRESSED 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 RIGHTS OF ANY THIRD PARTY WHO IS NOT AN AFFILIATE OF THE PURDUE COMPANIES. IT IS HEREBY AGREED AND ACKNOWLEDGED BY IMPAX THAT THE PURDUE COMPANIES ARE GIVING NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONTO IMPAX IN RELATION TO THE SAFETY OR THERAPEUTIC EFFECTIVENESS OF THE IMPAX PRODUCT. FURTHER, IMPAX WILL NOT OWE ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION SUCH GUARANTEE OR WARRANTY THAT THE OPERATION TO ANY THIRD PARTIES ON BEHALF OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicablePURDUE 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. BLP THE DATABASE TO WHICH CUSTOMER IS BEING GIVEN ACCESS IS ACTUALLY A COLLECTION OF DATABASES, MANY OF WHICH ARE PROVIDED BY THIRD PARTIES OVER WHOM DataTrax HAS NO CONTROL. THUS, DATABASE ACCESS IS PROVIDED AS IS. DataTrax MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED WARRANTIES RELATING IMPLIED, TO THE PRODUCTS CUSTOMER OR ANY THIRD PARTY, WITH RESPECT TO SERVICES COVERED OR DATA MADE AVAILABLE BY MEANS OF THIS AGREEMENT, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, ANY WARRANTIES OF MERCHANTABILITY TRUTH, ACCURACY AND / OR CORRECTNESS OF ANY INFORMATION CONTAINED IN SAID DATABASE, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS QUALITY FOR A PARTICULAR PURPOSE THE ORDINARY PURPOSES FOR WHICH THE DATABASE IS USED, ANY WARRANTIES OF SYSTEM INTEGRATION, AND / OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, ANY WARRANTIES OF QUIET ENJOYMENT OR NON-INFRINGEMENT. DataTrax ASSUMES NO RESPONSIBILITY WITH RESPECT TO ANY USE OF ANY OF THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDERDATABASE INFORMATION MADE AVAILABLE BY DataTrax, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "ENTIRE RISK AS IS" TO QUALITY, PERFORMANCE, ACCURACY, EFFORT AND UTILITY IS WITH THE CUSTOMER. CUSTOMER ACKNOWLEDGES THAT IT IS IN NO WARRANTIES WHATSOEVERSPECIAL RELATIONSHIP OF RELIANCE UPON DataTrax AND IS NOT RELYING UPON THE ADVICE, JUDGMENT, OR SKILL OF DataTrax EMPLOYEES OR AGENTS IN ENTERING INTO THIS AGREEMENT. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR THERE IS NO WARRANTY THAT THE OPERATION DATABASE, OR INFORMATION CONTAINED THEREIN, WILL FULFILL ANY OF THE SOFTWARE CUSTOMER'S PARTICULAR PURPOSES OR NEEDS. CUSTOMER AGREES THAT DataTrax SHALL NOT BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACYLIABLE FOR ANY SPECIAL, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FORINCIDENTAL, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVEPUNITIVE OR CONSEQUENTIAL DAMAGES, OR OTHER DAMAGESFOR THE LOSS OF PROFIT, COSTS REVENUE, OR EXPENSES DATA ARISING OUT OF ANY KIND ARISING FROM THE SUBJECT MATTER OF THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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: Texas Product Agreement, Agreement, Texas Product Agreement

Warranty Disclaimer. BLP MAKES NO EXPRESS EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IMPLIED WARRANTIES RELATING TO IN THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTSLA, INCLUDING BUT NOT LIMITED TO CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVERKIND, EXPRESSED EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONLIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYNON-INFRINGEMENT. XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS’ SERVICES, CONCERNING THIS AGREEMENTANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE QUIVERS SITE OR THE REPORTSQUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE REPORTS QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION COUNSEL OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACYADVICE REGARDING LEGAL, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FORTAX, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVEREGULATORY, OR OTHER DAMAGESREQUIREMENTS, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENTINCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR BLP'S RECEIPTUSE OF GIFT CARDS, USE OFTHE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR DELAY IN RECEIVING ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR FAILURE TO RECEIVEPRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, THE REPORTS. Multex's and its Contributors shall not have any obligation or liability to BLP or any third party relating toREGULATORY, 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 practicableOR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITY.

Appears in 3 contracts

Samples: Quivers Master Services Agreement, Quivers Master Services Agreement, Quivers Master Services Agreement

Warranty Disclaimer. BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO WARRANTIES EACH OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVERNOVATION, EXPRESSED OR IMPLIEDVHA, INCLUDING UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYUSE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, CONCERNING WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER “AS IS.” SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION USE OF THE SOFTWARE SHALL SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE ACCURACY, VALIDITY OR COMPLETENESS FUNCTIONALITY OF THE REPORTS. MULTEX GHX EXCHANGE SOFTWARE AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FORCLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, INDIRECTSERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, SOFTWARE OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableSERVICES PROVIDED BY THIRD PARTIES.

Appears in 3 contracts

Samples: Outsourcing Agreement (Global Healthcare Exchange, LLC), Outsourcing Agreement (Global Healthcare Exchange, LLC), Outsourcing Agreement (Neoforma Inc)

Warranty Disclaimer. BLP EXCEPT FOR ANY WARRANTY THAT MAY BE OFFERED BY ROCHE, THE TABLEAU SOFTWARE, INCLUDING WITHOUT LIMITATION THE THIRD-PARTY CODE, IS PROVIDED “AS IS” AND TABLEAU MAKES NO EXPRESS WARRANTIES TO ANY PERSON OR IMPLIED WARRANTIES RELATING ENTITY WITH RESPECT TO THE PRODUCTS TABLEAU SOFTWARE AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE 7. Limitation of Damages and Remedies IN NO EVENT SHALL TABLEAU BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY OR SERVICES COVERED BY THIS AGREEMENTOTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE TABLEAU SOFTWARE. NOTWITHSTANDING ANYTHING IN THE END USER AGREEMENT TO THE CONTRARY, THE TOTAL LIABILITY OF TABLEAU TO CUSTOMER, INCLUDING BUT NOT LIMITED TO WARRANTIES DAMAGES OR LIABILITY ARISING OUT OF MERCHANTABILITY CONTRACT, TORT, BREACH OF WARRANTY, INFRINGEMENT OR FITNESS OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE FEES PAID BY CUSTOMER WITH RESPECT TO THE TABLEAU SOFTWARE. TABLEAU SHALL NOT BE LIABLE FOR A PARTICULAR PURPOSE. NEITHER LOSS OR INACCURACY OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SYSTEM DOWNTIME, GOODWILL, PROFITS OR OTHER BUSINESS LOSS, REGARDLESS OF LEGAL THEORY, EVEN IF TABLEAU HAS BEEN ADVISED OF THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTSPOSSIBILITY OF SUCH DAMAGES. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY PARTIES AGREE THAT THE OPERATION LIMITATIONS OF THIS SECTION ARE ESSENTIAL AND THAT TABLEAU WOULD NOT PERMIT CUSTOMER TO USE THE TABLEAU SOFTWARE ABSENT THE TERMS OF THIS SECTION. THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY REMEDY SPECIFIED IN THE END USER AGREEMENT SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS FOUND TO HAVE FAILED OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableITS ESSENTIAL PURPOSE.

Appears in 3 contracts

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

Warranty Disclaimer. BLP MAKES NO Services provided hereunder are part of a telecommunications service available to the public from a network serving all System customers as an integrated System. System routes all communications through central points of control used by other public traffic. We do not guarantee that there will be no gaps, interruptions or delays in Services. You may experience variations in Services and access times based upon the location involved, the other traffic on the System, or conditions of System. You may fail to obtain or maintain access due to a lack of coverage in a particular area, use of low powered portable equipment in areas where higher powered mobile equipment is needed, radio frequency propagation effects, the effects of weather, the effects of natural and constructed obstructions, equipment maintenance and upgrades, System facilities and changes, repairs and malfunctions, and public usage exceeding capacity. SERVICES MAY BE DEPENDENT UPON THIRD PARTY PROVIDERS AND MAY BE DISRUPTED OR CANCELED DUE TO ACTIONS OF THE THIRD PARTY PROVIDERS. WE DO NOT MAKE ANY, AND HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, REGARDING THE SYSTEM, EQUIPMENT OR SERVICES. WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM EXPRESS OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTOF MERCHANTABILITY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY SERVICES WILL MEET ANY OF YOUR REQUIREMENTS OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THAT THE PERFORMANCE OF SERVICES OR CONTENT THEREON WILL BE UNINTERRUPTED, TIMELY, APPROPRIATE OR FREE OF ERRORS OR INACCURACIES. ANY WARRANTY FOR APPLICATIONS, SOFTWARE OR CERTAIN EQUIPMENT (IF ANY) IS SOLELY PROVIDED HEREUNDER, BY THE BLOOMBERG-MULTEX RESEARCH SERVICE MANUFACTURER OR THE REPORTSDEVELOPER. THE REPORTS AND ONLY WARRANTIES ON THE SERVICES PROVIDED HEREUNDER EQUIPMENT ARE PROVIDED "AS IS" WITH NO LIMITED WARRANTIES WHATSOEVERAVAILABLE AT XXX.XXXXXXXXXXXX.XXX. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY WE FURTHER DISCLAIM ANY LIABILITY FORHARM THAT MAY RESULT FROM THE USE OR MISUSE OF ANY EQUIPMENT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVEAPPLICATIONS OR SOFTWARE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicablePORTION THEREOF.

Appears in 3 contracts

Samples: southernlinc.com, www.southernlinc.com, usermanual.wiki

Warranty Disclaimer. BLP MAKES NO EXCEPT AS EXPLICITLY STATED IN SUBSECTIONS 12.1 AND 12.3 OF THIS AGREEMENT, THE APPLICABLE STATEMENT OF WORK, AND THE SERVICE LEVEL AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, BYNDER DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS BY STATUTE, COMMON LAW, OR SERVICES COVERED BY THIS AGREEMENTOTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES ANY WARRANTY OF MERCHANTABILITY PERFORMANCE OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER RESULTS CUSTOMER MAY OBTAIN BY USING THE CONTRIBUTOR NOR MULTEX MAKE PRODUCT, AND ANY WARRANTIES WHATSOEVERWARRANTY OF SATISFACTORY QUALITY, EXPRESSED OR IMPLIEDMERCHANTABILITY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING IN CONNECTION WITH CUSTOMER’S PURCHASE OF THE PRODUCT UNDER THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY BYNDER DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE SHALL PRODUCT WILL MEET CUSTOMER REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE FREE. THE ACCURACYPRODUCT IS PROVIDED “AS IS”, VALIDITY OR COMPLETENESS AND THE ENTIRE RISK AS TO ITS SATISFACTORY USE IS WITH CUSTOMER. CUSTOMER ACKNOWLEDGES THAT IT HAS CARRIED OUT INDEPENDENT RESEARCH AND ANALYSIS AS TO THE APPROPRIATENESS OF THE REPORTS. MULTEX PRODUCT AND PROFESSIONAL SERVICES FOR ITS REQUIREMENTS, HAS RELIED UPON ITS OWN INDEPENDENT RESEARCH TO MAKE AN INFORMED DECISION TO SELECT BYNDER TO DELIVER THE CONTRIBUTORS HEREBY DISCLAIM PRODUCT AND PROFESSIONAL SERVICES, AND HAS NOT RELIED UPON ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, WRITTEN OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING ORAL ADVICE FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableBYNDER.

Appears in 2 contracts

Samples: www.bynder.com, www.bynder.com

Warranty Disclaimer. BLP MAKES NO EXPRESS OR IMPLIED EXCEPT FOR THE WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY EXPRESSLY SET FORTH IN SECTIONS 7(a)-7(c), OF THIS AGREEMENT, THE SOFTWARE, (INCLUDING BUT NOT LIMITED TO INITIAL LICENSE CONFIGURATION), PROFESSIONAL SERVICES, TRAINING SERVICES, SERVICE DELIVERABLES, MAINTENANCE SERVICES, AND HOSTING SERVICES ARE PROVIDED “AS IS” AND OPIE EXPRESSLY DISCLAIMS ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES AND CONDITIONS (INCLUDING THOSE BY OUR SUPPLIERS), INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE , TITLE, NON- INFRINGEMENT OR QUIET ENJOYMENT, AS WELL AS ANY WARRANTIES WHATSOEVERTHAT THE SOFTWARE (INCLUDING INITIAL LICENSE CONFIGURATION), EXPRESSED PROFESSIONAL SERVICES, TRAINING SERVICES, SERVICE DELIVERABLES, MAINTENANCE SERVICES, AND HOSTING SERVICES WILL BE FREE OF INTERRUPTIONS OR IMPLIEDERRORS. OPIE SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO OPIE’S OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, INCLUDING WITHOUT LIMITATIONTHEFT OR DESTRUCTION OF CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYLIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST. THIS LIMITED WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR CUSTOMER MAY HAVE OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING RIGHTS WHICH VARY FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE JURISDICTION TO RECEIVE, THE REPORTS. 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 practicableJURISDICTION.

Appears in 2 contracts

Samples: Master Solution Agreement, Master Solution Agreement

Warranty Disclaimer. BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET OUT IN SECTION 13(A), THE SERVICES, THE SOFTWARE, THE SOFTWARE SERVICES, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS OR SERVICES COVERED PROVIDED UNDER THIS AGREEMENT ARE PROVIDED TO CUSTOMER “AS IS” AND THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, ARISING BY THIS AGREEMENTSTATUTE, INCLUDING OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. XXXXXX, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING THE SOFTWARE, THE SOFTWARE SERVICES, THE SERVICES, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS, SERVICES AND MATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO TO, WARRANTIES OF MERCHANTABILITY OR MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED XXXXXX DOES NOT REPRESENT OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, WARRANT THAT THE SERVICES OR EQUIPMENT THE SOFTWARE SERVICES SHALL OPERATE ERROR FREE OR UNINTERRUPTED, SHALL MEET ANY OR ALL OF CUSTOMER’S PARTICULAR REQUIREMENTS, THAT ALL ERRORS OR DEFECTS IN THE SERVICES OR SOFTWARE SERVICES CAN BE FOUND OR CORRECTED. WITHOUT LIMITING THE FOREGOING, XXXXXX DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH REGARD TO PRODUCTS OR SERVICES FROM THIRD PARTIES (IF ANY) PROVIDED HEREUNDERINCLUDING WITHOUT LIMITATION THE THIRD PARTY COMPONENTS, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT HARDWARE, THE OPERATION OF THE SOFTWARE INTERNET, NETWORK OR OTHER COMMUNICATION SERVICES) AND ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE FOREGOING OR THE APPROPRIATENESS OF YOUR DATA MANAGEMENT SYSTEM OR THE ACCURACY OF DATA CONTAINED IN SUCH SYSTEM. NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS BINDING ON EITHER PARTY UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED SIGNING OFFICER OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableXXXXXX.

Appears in 2 contracts

Samples: A Service Agreement, A Service Agreement

Warranty Disclaimer. BLP MAKES NO ‌ You acknowledge that the Solutions and Services may not satisfy all Your requirements or be free from defects. We warrant for a period of one year from the date on which installation of the Product or access to the Hosted Services is recorded, that the Products will be free from defects in materials and workmanship under normal use. OUR ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THE FOREGOING LIMITED WARRANTY SHALL BE, AT OUR OPTION, EITHER (A) RETURN OF THE PRICE PAID, IF ANY, OR (B) REPAIR OR REPLACEMENT OF THE PRODUCT THAT DOES NOT MEET OUR LIMITED WARRANTY. This Limited Warranty is void if failure of the Product has resulted from Your choice of equipment from a third party, from incorrect use by You or any third party or caused by accident, abuse, or misapplication. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTIMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE OR OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER PURPOSE WITH REGARD TO THE CONTRIBUTOR NOR MULTEX MAKE SOLUTIONS, ACCOMPANYING WRITTEN MATERIALS, THE SERVICES, CUSTOM SOLUTIONS AND/OR RESULTING FROM THEIR PERFORMANCE OR FAILURE TO PERFORM ANY WARRANTIES WHATSOEVEROBLIGATION UNDER THIS AGREEMENT OR RESULTING FROM THE FURNISHING, EXPRESSED PERFORMANCE, USE OR IMPLIEDLOSS OF USE OF ANY PART OF THE SOLUTIONS, CUSTOM SOLUTIONS, OR ANY DATA, INFORMATION OR OTHER PROPERTY OF CUSTOMER, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES INTERRUPTION OF CUSTOMER’S BUSINESS, DELAYS, SERVICE FAILURES, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR FITNESS FOR A PARTICULAR PURPOSE OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL OF WHETHER RESULTING FROM BREACH OF CONTRACT OR MERCHANTABILITYBREACH OF WARRANTY, CONCERNING THIS AGREEMENTEVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDERABOVE LIMITATION MAY NOT APPLY TO YOU, BUT NOTE THAT TO THE MAXIMUM EXTENT PERMITTED, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR SUBSTANTIVE LAW GOVERNING THIS AGREEMENT IS DEFINED IN PROVISION 19.1 AND MAY NOT BE THE REPORTSLAW OF YOUR JURISDICTION. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY IF YOU DO HAVE OTHER STATURORY RIGHTS, YOU ACKNOWLEDGE THAT THE OPERATION DURATION OF SUCH RIGHTS WILL BE LIMITED TO THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableSHORTEST PERIOD PERMITTED BY LAW.

Appears in 2 contracts

Samples: Consulting Customer Agreement, Gopro Consulting Customer Agreement

Warranty Disclaimer. BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, INCLUDING BUT NOT LIMITED NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO WARRANTIES ANY ITEMS OR SERVICES PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, AND EACH PARTY HEREBY DISCLAIMS THE SAME. NEITHER NECS DOES NOT REPRESENT OR WARRANT THAT ANY SERVICES OR NECS PROPERTY WILL BE FREE OF ERRORS, DEFECTS OR INACCURACIES, OR THAT THEY WILL BE ACCESSIBLE WITHOUT INTERRUPTION. NECS DOES NOT WARRANT OR GUARANTEE THAT ANY TECHNICAL ASSISTANCE WILL RESULT IN A RESOLUTION OF THE CONTRIBUTOR NOR MULTEX MAKE ISSUES FOR WHICH THE ASSISTANCE WAS PROVIDED. NECS DOES NOT WARRANT OR GUARANTEE THAT THE APPLICATION SERVICE WILL FUNCTION ON ALL COMPUTERS. LIKEWISE, NECS DOES NOT GUARANTEE THAT ANY WEB FORM PROVIDED AS PART OF THE APPLICATION SERVICE WILL FUNCTION ON ALL BROWSERS OR OPERATING SYSTEMS. FOR THE AVOIDANCE OF DOUBT, NOTWITHSTANDING SECTION 7.2, ANY SERVICES PROVIDED BY NECS IN BETA FORMAT ARE PROVIDED AS IS, WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESSED EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY CUSTOMER UNDERSTANDS THAT THE OPERATION ALL FUNCTIONS OF THE SOFTWARE SHALL APPLICATION SERVICE MAY NOT BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE AVAILABLE AT THE ACCURACY, VALIDITY OR COMPLETENESS TIME OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableBETA TEST.

Appears in 2 contracts

Samples: Software Terms of Service, Software Terms of Service

Warranty Disclaimer. BLP MAKES NO EXCEPT FOR THE EXPRESS OR IMPLIED WARRANTIES RELATING SET FORTH HEREIN, ALL OFFERINGS ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND, TO THE PRODUCTS OR SERVICES COVERED FULLEST EXTENT PERMITTED BY THIS AGREEMENTLAW, EXTRAHOP AND ITS SUPPLIERS, SERVICE PROVIDERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR TITLE, FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED FUNCTIONALITY, MERCHANTABILITY, OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH EXTRAHOP MAKES NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OFFERINGS WILL OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, MEET CUSTOMER’S REQUIREMENTS, OR BE SECURE OR ERROR FREE. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF THE SOFTWARE STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE UNINTERRUPTED 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 ERROR FREE NOR GUARANTEE THE ACCURACYWARRANT THAT ITS OFFERINGS WILL COMPLETELY OR ACCURATELY ALERT CUSTOMER TO ALL ANOMALIES, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FORINTRUSIONS, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVEATTACKS, OR OTHER DAMAGESSECURITY VULNERABILITIES WHICH MAY BE PRESENT, COSTS OCCURRING OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENTPOSSIBLE 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 BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableLIFE SUPPORT.

Appears in 2 contracts

Samples: Master Customer Agreement, Master Customer Agreement

Warranty Disclaimer. BLP BY INSTALLING, COPYING OR OTHERWISE USING LIGHTING ANALYSTS’ PRODUCTS, CUSTOMER AGREES TO TAKE AND USE LIGHTING ANALYSTS’ PRODUCTS “AS IS”. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 6.1 (LIMITED WARRANTY) HEREOF, LIGHTING ANALYSTS MAKES AND THE CUSTOMER RECEIVES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SOFTWARE, THE MATERIALS, THE PAYMENT SERVICES, IF ANY, THE MAINTENANCE, THE SUPPORT, AND/OR ANY SERVICES PROVIDED BY LIGHTING ANALYSTS. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE PAYMENT SERVICES, THE LICENSED SOFTWARE, THE SOFTWARE, AND THEIR FUNCTIONALITY IN THE MATERIALS OR ANY COMMUNICATION WITH THE CUSTOMER CONSTITUTES DESCRIPTIVE INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, LIGHTING ANALYSTS SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTOF MERCHANTABILITY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. NEITHER WITHOUT LIMITING THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVERFOREGOING, EXPRESSED LIGHTING ANALYSTS DOES NOT WARRANT THAT THE OPERATION OR IMPLIEDOUTPUT OF THE SOFTWARE WILL BE ACCURATE, INCLUDING WITHOUT LIMITATIONERROR-FREE, ANY WARRANTIES RELIABLE, COMPLETE OR FITNESS FOR A PARTICULAR PURPOSE UNINTERRUPTED. LIGHTING ANALYSTS DOES NOT WARRANT THAT THE SOFTWARE, MATERIALS, PAYMENT SERVICES, OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL WILL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACYFROM BUGS, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FORVIRUSES, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVEERRORS, OR OTHER DAMAGESLIMITATIONS. Some states do not allow the exclusion of implied warranties, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENTtherefore the above exclusions may not apply to Customer, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. Multex's and its Contributors shall not have in which case any obligation or liability implied warranties are limited in duration to BLP or any third party relating to, or arising thirty (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 (1030) days prior notice (or such shorter notice if the Contributor so directs) (i) if the Contributor from date 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 practicablepurchase.

Appears in 2 contracts

Samples: Software License Agreement, Software License Agreement

Warranty Disclaimer. BLP Except as set expressly provided in Solodev's Agreement, Solodev is not liable for any delay or failure to perform its obligations under this Agreement, where the delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications, or third-party supplier failure). EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES NO EXPRESS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, AND CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVERSERVICES, EXPRESSED OR IMPLIEDINCLUDING, INCLUDING WITHOUT LIMITATION, ALL INFORMATION, CONTENT, AND OTHER SERVICES MADE AVAILABLE BY SOLODEV OR ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER THIRD PARTY VENDORS ARE PROVIDED "ON AN “AS IS" WITH NO ” OR “AS AVAILABLE” BASIS AND NEITHER SOLODEV, ITS PARENT COMPANY, NOR THEIR AFFILIATES AND SUBSIDIARIES MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES. FREE SERVICES AND BETA SERVICES ARE PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY REPRESENTATION HARM OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTSDAMAGES CAUSED BY ANY THIRD-PARTY PROVIDERS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. Multex's and its Contributors shall not have any obligation or liability Defects should be promptly reported via submitting electronic tickets 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 practicablexxxx@xxxxxxx.xxx.

Appears in 2 contracts

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

Warranty Disclaimer. BLP MAKES NO EXCEPT FOR THE LIMITED WARRANTY IN SECTION 11.1, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, CLUBWORKS, INC. PRODUCTS AND ALL SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS. CLUBWORKS, INC. AND MEDALLIA: (I) DO NOT REPRESENT OR WARRANT THAT THE (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 ANY VIRUSES OR MALICIOUS CODE WHICH CANNOT BE DETECTED USING COMMERCIALLY AVAILABLE PRODUCTS AND (II) SPECIFICALLY DISCLAIM ANY AND ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED WARRANTIES RELATING IMPLIED, WITH RESPECT TO THE CLUBWORKS, INC. PRODUCTS. CLUBWORKS, INC. PRODUCTS DATA, OR SERVICES COVERED BY THIS AGREEMENTOTHER STORED DATA AND ANY RELATED SERVICES, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR NON-INFRINGEMENT, MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, REGARDLESS OF ANY KNOWLEDGE OF CLUB OWNER’S PARTICULAR NEEDS. CLUB OWNER MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY 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 CONTRIBUTOR NOR MULTEX 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 WARRANTIES WHATSOEVEROTHER INFORMATION PROVIDED BY OR DERIVED FROM CLUBWORKS, EXPRESSED INC. PRODUCTS OR IMPLIEDTHE SUITABILITY OF THIS DATA FOR USE IN ANY WAY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES TO MAKE BUSINESS, ECONOMIC, EMPLOYMENT, FRANCHISE OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, PROMOTIONAL DECISIONS. IT IS CLUB OWNER’S SOLE RESPONSIBILITY TO DETERMINE THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION SUITABILITY OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACYCLUBWORKS, VALIDITY OR COMPLETENESS OF THE REPORTSINC. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicablePRODUCTS DATA FOR ALL USES.

Appears in 2 contracts

Samples: mxmetrics.com, mxmetrics.com

Warranty Disclaimer. BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO WARRANTIES EACH OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVERNOVATION, EXPRESSED OR IMPLIEDVHA, INCLUDING UHC AND HPPI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYUSE. SERVICE PROVIDER MAKES NO REPRESENTATIONS, CONCERNING WARRANTIES OR COVENANTS TO ANY OTHER PARTY HEREUNDER WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE GHX EXCHANGE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER PROVIDES ALL SERVICES HEREUNDER "AS IS." SERVICE PROVIDER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ACCURACY OF DATA. SERVICE PROVIDER DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION USE OF THE SOFTWARE SHALL SERVICES, ACCESS TO PRODUCT DATA OR LINKS TO OTHER SUPPLIER MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER PROVIDES NO WARRANTIES WITH RESPECT TO THE ACCURACY, VALIDITY OR COMPLETENESS FUNCTIONALITY OF THE REPORTS. MULTEX GHX EXCHANGE SOFTWARE AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FORCLIENT SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, INDIRECTSERVICE PROVIDER MAKES NO WARRANTY REGARDING FEATURES, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, SOFTWARE OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableSERVICES PROVIDED BY THIRD PARTIES.

Appears in 2 contracts

Samples: Outsourcing Agreement (University Healthsystem Consortium), Outsourcing Agreement (Vha Inc)

Warranty Disclaimer. BLP MAKES NO EXCEPT FOR THE EXPRESS OR IMPLIED WARRANTIES RELATING SET FORTH HEREIN, ALL OFFERINGS ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND, TO THE PRODUCTS OR SERVICES COVERED FULLEST EXTENT PERMITTED BY THIS AGREEMENTLAW, EXTRAHOP AND ITS SUPPLIERS, SERVICE PROVIDERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR TITLE, FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED FUNCTIONALITY, MERCHANTABILITY, OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH EXTRAHOP MAKES NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OFFERINGS WILL OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, MEET CUSTOMER’S REQUIREMENTS, OR BE SECURE OR ERROR FREE. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF THE SOFTWARE STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE UNINTERRUPTED 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 ERROR FREE NOR GUARANTEE THE ACCURACYWARRANT THAT ITS OFFERINGS WILL COMPLETELY OR ACCURATELY ALERT CUSTOMER TO ALL ANOMALIES, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FORINTRUSIONS, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVEATTACKS, OR OTHER DAMAGESSECURITY VULNERABILITIES WHICH MAY BE PRESENT, COSTS OCCURRING OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENTPOSSIBLE 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 BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableLIFE SUPPORT.

Appears in 2 contracts

Samples: Master Customer Agreement, Master Customer Agreement

Warranty Disclaimer. BLP MAKES NO EXPRESS THE SERVICE AND ANY THIRD-PARTY MATERIALS/SERVICES (WHICH MAY INCLUDE SUBMISSIONS), ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PENTAIR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTAND CONDITIONS OF MERCHANTABILITY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. NEITHER WITHOUT LIMITING THE CONTRIBUTOR NOR MULTEX MAKE FOREGOING, PENTAIR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY WARRANTIES WHATSOEVERKIND, EXPRESSED THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR IMPLIEDWORK 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 SERVICE AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE (WHETHER ACCURATE OR INACCURATE), INCLUDING WITHOUT LIMITATIONWITH RESPECT TO THE OPERATION, ANY WARRANTIES MAINTENANCE OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYPERFORMANCE STATUS OF PRODUCTS AND SERVICES USED IN CONNECTION WITH THE SERVICE, CONCERNING THIS AGREEMENTYOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISK RELATED TO THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF PRODUCTS AND SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, USED IN CONNECTION WITH THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTSSERVICE. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO EXCLUSION OF CERTAIN WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION IS PROHIBITED IN SOME JURISDICTIONS, IN WHICH CASE SOME OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE THESE EXCLUSIONS MAY NOT APPLY TO RECEIVE, THE REPORTS. 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 practicableYOU.

Appears in 2 contracts

Samples: Terms of Service, Terms of Service

Warranty Disclaimer. BLP To the extent applicable, Transcon warrants that the Goods shall be free from material defects in workmanship and materials, so long as such Goods are used in conformance with their intended use and in strict compliance with the instructions of Transcon, for a period of one (1) year, which period shall commence upon transfer of title to said Goods to the Customer. Notwithstanding the foregoing, in the event Customer fails to timely pay for such Goods in accordance with the Terms and Conditions set forth herein, any such warranty shall be void ab initio. EXCEPT AS SPECIFICALLY SET FORTH IN THE AGREEMENT OR A SEPARATE WRITING, TRANSCON EXPRESSLY DISCLAIMS ALL AND MAKES NO EXPRESS OTHER WARRANTIES WHETHER EXPRESSED, IMPLIED, OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, ANY IMPLIED OR OTHER WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT, WHICH DISCLAIMER SHALL INCLUDE, WITHOUT LIMITATION, A DISCLAIMER OF ALL WARRANTIES WITH RESPECT TO SUPPLIERS’ AND/OR VENDORS’ GOODS INCORPORATED INTO OR USED WITH THE GOODS. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY SERVICES PERFORMED BY TRANSCON ON BEHALF OF OR FOR CUSTOMER ARE PROVIDED ON AN “AS IS” BASIS AND TRANSCON MAKES NO WARRANTIES WHATSOEVER, EXPRESSED EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO SUCH SERVICES. TRANSCON DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO SUCH SERVICES. TRANSCON HAS NO AND EXPRESSLY DISCLAIMS ANY DUTY TO VERIFY THIRD PARTY INFORMATION, INCLUDING, WITHOUT LIMITATION, MSDS SHEETS, LABELS, AND LABELLING OBLIGATIONS, AND CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES RELIANCE BY CUSTOMER ON TRANSCON’S SERVICES, WHICH MAY OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE MAY NOT INCLUDE THIRD PARTY INFORMATION SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AT CUSTOMER’S SOLE RISK AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableLIABILITY.

Appears in 1 contract

Samples: General Terms and Conditions

Warranty Disclaimer. BLP AIA AND THE ACD ONLINE SERVICE DO NOT PROVIDE LEGAL ADVICE. MOREOVER, AIA MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES TO YOU ON AN INDIVIDUAL BASIS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS ASSOCIATED WITH OR AVAILABLE THROUGH THE ACD ONLINE SERVICE FOR ANY PURPOSE OR WITH RESPECT TO YOUR ABILITY TO ACHIEVE YOUR INTENDED RESULT. UNLESS OTHERWISE AGREED, THE ACD ONLINE SERVICE AND ANY SUCH INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS ARE PROVIDED “AS IS” AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTAND CONDITIONS OF MERCHANTABILITY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER , TITLE, AND NON-INFRINGEMENT AS WELL AS ANY WARRANTY RELATED TO THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVERUSE, EXPRESSED OR IMPLIEDTHE RESULTS OF THE USE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, OF THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH ACD ONLINE SERVICE OR DOCUMENTATION ASSOCIATED THEREWITH IN TERMS OF AVAILABILITY, ACCURACY, SECURITY, RELIABILITY, OR OTHERWISE. AIA ALSO DOES NOT WARRANT THAT THE REPORTSACD ONLINE SERVICE WILL ENABLE YOU TO MEET OR ACHIEVE ANY CERTIFICATION OR LEGAL STANDARD OR OPERATE ERROR- FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. THE REPORTS ENTIRE RISK AS TO THE AVAILABILITY, QUALITY, AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION PERFORMANCE OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableACD ONLINE SERVICE IS WITH YOU.

Appears in 1 contract

Samples: Terms of Service

Warranty Disclaimer. BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET OUT IN SECTION 8(a) OF THIS AGREEMENT, THE HOSTING SERVICES, SOFTWARE, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS OR SERVICES COVERED PROVIDED UNDER THIS AGREEMENT ARE PROVIDED TO CUSTOMER “AS IS” AND THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, ARISING BY THIS AGREEMENTSTATUTE, INCLUDING OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. S&S, ITS THIRD PARTY SERVICE PROVDER, LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING SOFTWARE, THE HOSTING SERVICES, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS, HARDWARE, ENVIRONMENTS, NETWORKS, SERVICES AND MATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO TO, WARRANTIES OF MERCHANTABILITY OR MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NEITHER S&S, ITS THIRD PARTY SERVICE PROVDER, LICENSORS AND SUPPLIERS DO NOT REPRESENT OR WARRANT THAT THE CONTRIBUTOR NOR MULTEX HOSTING SERVICES OR THE SOFTWARE SHALL OPERATE ERROR FREE OR UNINTERRUPTED, SHALL MEET ALL OF CUSTOMER’S PARTICULAR REQUIREMENTS OR EXPECTATIONS, OR THAT ALL ERRORS OR DEFECTS IN THE HOSTING SERVICES OR SOFTWARE CAN BE FOUND OR CORRECTED. S&S AND ITS THIRD PARTY SERVICE PROVIDER ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO PERFORMANCE, OPERATION OR SECURITY OF THE HOSTING SERVICES THAT ARISE FROM CUSTOMER’S CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. WITHOUT LIMITING THE FOREGOING, S&S DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESSED WHATSOEVER WITH REGARD TO PRODUCTS OR IMPLIED, SERVICES FROM THIRD PARTIES (INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENTLIMITATION THE THIRD PARTY COMPONENTS, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDERHARDWARE, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE INTERNET, NETWORK OR OTHER COMMUNICATION SERVICES) AND ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE FOREGOING OR THE APPROPRIATENESS OF CUSTOMER’S DATA MANAGEMENT SYSTEM OR THE ACCURACY OF DATA CONTAINED IN SUCH SYSTEM. FOR ANY BREACH OF THE EXCLUSIVE WARRANTY SET OUT IN SECTION 8(A), CUSTOMER’S EXCLUSIVE REMEDY AND S&S’S AND ITS SERVICE PROVIDERS’ ENTIRE LIABILITY SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS CORRECTION OF THE REPORTSDEFICIENT HOSTING SERVICES THAT CAUSED THE BREACH OF WARRANTY OR IF S&S AND ITS SERVICE PROVIDER CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, CUSTOMER MAY END THE DEFICIENT HOSTING SERVICES AND S&S WILL REFUND TO CUSTOMER THE HOSTING FEES FOR THE TERMINATED HOSTING SERVICES THAT CUSTOMER PRE-PAID TO S&S FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. MULTEX NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT SHALL BE BINDING ON EITHER PARTY UNLESS IN WRITING AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES SIGNED BY AN AUTHORIZED SIGNING OFFICER OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableS&S AND CUSTOMER.

Appears in 1 contract

Samples: Software License Agreement

Warranty Disclaimer. BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET OUT IN SECTION 13(A), THE SERVICES, THE SOFTWARE, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS OR SERVICES COVERED PROVIDED UNDER THIS AGREEMENT ARE PROVIDED TO CUSTOMER “AS IS” AND THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, ARISING BY THIS AGREEMENTSTATUTE, INCLUDING OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. XXXXXX, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING THE SOFTWARE, THE SERVICES, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS, SERVICES AND MATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO TO, WARRANTIES OF MERCHANTABILITY OR MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED XXXXXX DOES NOT REPRESENT OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, WARRANT THAT THE SERVICES OR EQUIPMENT THE SOFTWARE SHALL OPERATE ERROR FREE OR UNINTERRUPTED, SHALL MEET ANY OR ALL OF CUSTOMER’S PARTICULAR REQUIREMENTS, THAT ALL ERRORS OR DEFECTS IN THE SERVICES OR SOFTWARE CAN BE FOUND OR CORRECTED. WITHOUT LIMITING THE FOREGOING, XXXXXX DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH REGARD TO PRODUCTS OR SERVICES FROM THIRD PARTIES (IF ANY) PROVIDED HEREUNDERINCLUDING WITHOUT LIMITATION THE THIRD PARTY COMPONENTS, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT HARDWARE, THE OPERATION OF THE SOFTWARE INTERNET, NETWORK OR OTHER COMMUNICATION SERVICES) AND ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE FOREGOING OR THE APPROPRIATENESS OF YOUR DATA MANAGEMENT SYSTEM OR THE ACCURACY OF DATA CONTAINED IN SUCH SYSTEM. NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS BINDING ON EITHER PARTY UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED SIGNING OFFICER OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableXXXXXX.

Appears in 1 contract

Samples: A Service Agreement

Warranty Disclaimer. BLP MAKES Aruba warrants to you (and only you) that any media on which the Programs are recorded will be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date the Programs are delivered to you. If a defect in any such media should occur during this 90-day period, the media may be returned to Aruba (or if you received such Programs from a reseller, to such reseller) and Aruba or the reseller, as applicable, will replace the media without charge to you. Aruba shall have no responsibility to replace media if the failure of media results from accident, abuse or misuse of the media. ARUBA AND ITS SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAMS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT FOR THE EXPRESS WARRANTY ABOVE, THE PROGRAMS ARE PROVIDED TO YOU WITH NO WARRANTY OF ANY KIND, 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 CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYAND NONINFRINGEMENT. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTSAND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE REPORTS LIMITATION OF LIABILITY YOUR EXCLUSIVE REMEDY AND THE SERVICES ENTIRE LIABILITY OF ARUBA AND ITS SUPPLIERS RELATED TO THE PROGRAMS SHALL BE EXPRESSLY LIMITED TO REPLACEMENT OF MEDIA AS PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH ABOVE. IN NO WARRANTIES WHATSOEVER. NEITHER EVENT WILL ARUBA OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION CREATION, PRODUCTION, OR WARRANTY THAT THE OPERATION DELIVERY OF THE SOFTWARE SHALL PROGRAMS BE UNINTERRUPTED LIABLE FOR ANY INDIRECT, INCIDENTAL OR ERROR FREE NOR GUARANTEE THE ACCURACYCONSEQUENTIAL DAMAGES, VALIDITY INCLUDING WITHOUT LIMITATION, LOST PROFITS OR COMPLETENESS LOST DATA, EVEN IF THEY HAVE BEEN ADVISED OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER POSSIBILITY OF SUCH DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 1 contract

Samples: Distribution Agreement (Aruba Networks, Inc.)

Warranty Disclaimer. BLP MAKES NO To the fullest extent allowed by applicable law, neither Gympass nor its licensors, suppliers, or Third-Party Providers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES AND CONTENT ARE PROVIDED BY GYMPASS ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTOF MERCHANTABILITY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED NON-INFRINGEMENT, OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR EQUIPMENT (IF ANY) ERROR-FREE. SOME COUNTRIES AND STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Waiver and Release. YOU UNDERSTAND AND ACKNOWLEDGE THAT GYMPASS INTERMEDIATES SERVICES WITH THIRD-PARTY PROVIDERS, AND GYMPASS ITSELF IS NOT A FITNESS OR WELLNESS PROVIDER AND DOES NOT OWN OR MANAGE ANY FITNESS OR WELLNESS PROVIDER. GYMPASS DOES NOT ASSESS THE SUITABILITY, COMPLIANCE WITH ANY APPLICABLE RULES OR REGULATIONS OR QUALITY OF ANY FACILITY, CLASS OR SESSION PROVIDED HEREUNDERBY ANY THIRD PARTY PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, THE BLOOMBERG-MULTEX RESEARCH SERVICE CLAIMS, OR THE REPORTS. THE REPORTS DAMAGES ARISING FROM, OR IN ANY WAY RELATED TO, YOUR USE OF GYMPASS SERVICES AND THE SERVICES PROVIDED HEREUNDER BY ANY THIRD PARTY PROVIDER. GYMPASS WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND A THIRD PARTY PROVIDER. YOU ACKNOWLEDGE THAT ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES, AND/ OR ASSIGNS, THAT THERE ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVERINHERENT RISKS AND DANGERS IN EXERCISE AND WELLNESS ACTIVITIES. NEITHER BY BOOKING, ATTENDING AND PARTICIPATING IN THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY SERVICES OF THIRD PARTY PROVIDERS, YOU ACKNOWLEDGE AND AGREE THAT THE OPERATION YOU ARE AWARE OF THE SOFTWARE SHALL RISKS WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, LOSS AND BODILY INJURY OR DEATH. YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE UNINTERRUPTED ELIMINATED AND YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableHARM.

Appears in 1 contract

Samples: Terms and Conditions

Warranty Disclaimer. BLP EXCEPT FOR THE LIMITED WARRANTY, SELLER SELLS AND BUYER ACCEPTS ALL VEHICLES "AS IS", AND SELLER MAKES NO AND DISCLAIMS ALL CONDITIONS, GUARANTEES, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS OR IMPLIED WARRANTIES RELATING IMPLIED, WHETHER EXISTING BY COMMON LAW, STATUTE, OR OTHERWISE, REGARDING ANY VEHICLE (INCLUDING WITH RESPECT TO THE PRODUCTS QUALITY, QUANTITY, FITNESS, MERCHANTABILITY, DURABILITY, OR SERVICES COVERED BY THIS AGREEMENTSUITABILITY OF ANY VEHICLE), INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. NEITHER SELLER MAY MAKE DESIGN AND SPECIFICATION CHANGES TO FUTURE VEHICLES WITHOUT NOTICE OR OBLIGATION TO BUYER. NO ASSISTANCE, INFORMATION, OR SUGGESTION OR ANY OTHER ORAL STATEMENT BY ANY AGENT OR EMPLOYEE OF SELLER REGARDING THE CONTRIBUTOR NOR MULTEX MAKE PURCHASE, USE, SELECTION, APPLICATION, TECHNICAL SPECIFICATIONS, OR SUITABILITY OF ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR VEHICLE WILL BE DEEMED TO BE A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, AND BUYER MAY NOT RELY UPON ANY SUCH STATEMENT FOR ANY REASON. BUYER REPRESENTS AND WARRANTS TO SELLER THAT BUYER HAS RELIED EXCLUSIVELY UPON BUYER'S OWN KNOWLEDGE AND JUDGMENT REGARDING ALL VEHICLES, INCLUDING THE OPERATION FITNESS OR SUITABILITY OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACYANY VEHICLE FOR BUYER'S PARTICULAR, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVEINTENDED, OR OTHER DAMAGESCONTEMPLATED USE OR PURPOSE. THE SOLE LIABILITY OF SELLER TO BUYER FOR A BREACH OF WARRANTY WILL BE TO REPAIR OR REPLACE ANY DEFECTIVE PART OR COMPONENT, COSTS WHICH DEFECTIVE PART OR EXPENSES COMPONENT BUYER RETURNS TO SELLER AND IS, IN SELLER'S SOLE DISCRETION, DEFECTIVE. THE OPTION OF ANY KIND ARISING FROM THIS AGREEMENT, REPAIR OR BLPREPLACEMENT WILL BE F.O.B. SELLER'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicablePRINCIPAL PLACE OF BUSINESS.

Appears in 1 contract

Samples: www.extremedutyvehicles.com

Warranty Disclaimer. BLP EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. QUIVERS MAKES NO EXPRESS WARRANTY OR IMPLIED WARRANTIES RELATING TO THE REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES COVERED OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. QUIVERS DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING BRANDS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITY. QUIVERS MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THE QUIVERS SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES. IF CLIENT USES THE QUIVERS SITE FROM LOCATIONS OUTSIDE THE UNITED STATES, CLIENT IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS OF THE JURISDICTION FROM WHICH CLIENT ACCESS IT, INCLUDING WITHOUT LIMITATION THE EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. LIMITATION OF LIABILITY IN NO EVENT WILL QUIVERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), WHETHER SUCH LIABILITY IS FORESEEABLE, EVEN IF QUIVERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT, EQUITY OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARISING OUT OF, OR RESULTING FROM, ANY SUBJECT MATTER OF THIS AGREEMENT. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, SUCH LIABILITY ARISING OUT OF, OR RESULTING FROM: (1) THE ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE QUIVERS SERVICES; (2) THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES; (3) THE ACQUISITION OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE QUIVERS SERVICES; (4) MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE QUIVERS SERVICES, INCLUDING WITHOUT LIMITATION THE UPLOADING OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE QUIVERS SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS; OR (5) UNAUTHORIZED ACCESS TO OR ALTERATION OF MERCHANTABILITY USERS’ TRANSMISSIONS OR FITNESS FOR A PARTICULAR PURPOSEDATA. NEITHER NOTWITHSTANDING THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVERFACT THAT QUIVERS OR OTHER PARTIES INVOLVED IN CREATING, EXPRESSED PRODUCING, OR IMPLIEDDELIVERING THE QUIVERS SITE MAY MONITOR OR REVIEW TRANSMISSIONS, POSTINGS, DISCUSSIONS, OR CHATS, QUIVERS AND ALL PARTIES INVOLVED IN CREATING, PRODUCING, DELIVERING OR OPERATING THE QUIVERS SITE, ASSUME NO RESPONSIBILITY OR LIABILITY WHICH MAY ARISE FROM THE CONTENT THEREOF, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO CLAIMS FOR DEFAMATION, LIBEL, SLANDER, OBSCENITY, PORNOGRAPHY, PROFANITY, OR MISREPRESENTATION. QUIVERS’ LIABILITY TO CLIENT ARISING OUT OF, OR RESULTING FROM, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING SUBJECT MATTER OF THIS AGREEMENT, WHETHER BASED IN TORT, CONTRACT, STRICT PRODUCT LIABILITY OR EQUITABLE THEORIES, SHALL NOT EXCEED THE SERVICES SUM OF ALL PAYMENTS MADE OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, OWED BY CLIENT PURSUANT TO THIS AGREEMENT DURING THE BLOOMBERG-MULTEX RESEARCH SERVICE OR TWELVE MONTHS PRIOR TO THE REPORTSEVENT GIVING RISE TO LIABILITY. THE REPORTS LIMITATIONS SPECIFIED HEREIN WILL SURVIVE AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES APPLY EVEN IF ANY REPRESENTATION OR WARRANTY THAT THE OPERATION LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableITS ESSENTIAL PURPOSE.

Appears in 1 contract

Samples: Quivers Master Services Agreement

Warranty Disclaimer. BLP ITRON MAKES NO EXPRESS OR IMPLIED WARRANTIES WARRANTY OF ANY KIND RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTAND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION, (I) IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (II) WARRANTIES OF TITLE AND AGAINST INFRINGEMENT, AND (III) WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. NEITHER TO THE CONTRIBUTOR NOR MULTEX MAKE EXTENT ANY WARRANTIES WHATSOEVERIMPLIED WARRANTY CANNOT BE EXCLUDED, EXPRESSED SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. ITRON AND ITS SUPPLIERS DO NOT WARRANT OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE REPRESENT THAT SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDERWILL BE FREE FROM BUGS, THE BLOOMBERG-MULTEX RESEARCH SERVICE ERRORS OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE ERROR-FREE. ITRON ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ITS DATA CENTERS OR DATA CENTERS OF ITS VENDORS VIA WAN, CELLULAR OR OTHER PUBLIC COMMUNICATIONS OR BROADBAND SYSTEMS (INCLUDING OUTAGES, DEVICE NON-REACHABILITY, LOSS OR INACCURATE READING) OR FOR ANY CONSEQUENCES, LOSSES, OR DAMAGES ARISING FROM CHANGES MADE BY CUSTOMER TO THE ACCURACY, VALIDITY CONTENT OR COMPLETENESS PROGRAMMING OF EQUIPMENT (UNLESS CAUSED BY A DEFECTIVE PRODUCT). THESE DISCLAIMERS WILL APPLY NOTWITHSTANDING ANY FAILURE OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES ESSENTIAL PURPOSE OF ANY KIND ARISING FROM LIMITED REMEDY PROVIDED UNDER THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 1 contract

Samples: And Field Tools Solution Agreement

Warranty Disclaimer. BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING TO EXCEPT FOR THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTLIMITED WARRANTY IN SECTION 9.1, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSETHE RAPTA OFFERING IS PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER THE CONTRIBUTOR RAPTA NOR MULTEX ITS SUPPLIERS MAKE ANY WARRANTIES WHATSOEVEROTHER WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONSTATUTORY OR OTHERWISE, ANY AND EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OR OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. RAPTA DOES NOT WARRANT THAT CUSTOMER’S USE OF THE RAPTA OFFERING WILL BE SECURE, UNINTERRUPTED OR MERCHANTABILITYERROR-FREE, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY DOES RAPTA WARRANT THAT THE OPERATION RESULTS FROM USE OF THE SOFTWARE RAPTA OFFERING WILL BE ACCURATE OR RELIABLE. RAPTA DOES NOT WARRANT THAT RAPTA WILL REVIEW THE CUSTOMER DATA SUBMITTED TO THE RAPTA PLATFORM FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN THE CUSTOMER DATA WITHOUT LOSS OR CORRUPTION. RAPTA SHALL NOT BE UNINTERRUPTED LIABLE FOR THE RESULTS OF ANY COMMUNICATIONS SENT OR ERROR FREE NOR GUARANTEE ANY COMMUNICATIONS THAT WERE FAILED TO BE SENT USING THE ACCURACYRAPTA OFFERING. RAPTA SHALL NOT BE LIABLE FOR DELAYS, VALIDITY INTERRUPTIONS, SERVICE FAILURES OR COMPLETENESS OTHER PROBLEMS INHERENT IN USE OF THE REPORTSINTERNET AND ELECTRONIC COMMUNICATIONS, THIRD-PARTY PLATFORMS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF RAPTA. MULTEX AND RAPTA EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT CUSTOMER’S USE OF THE CONTRIBUTORS HEREBY DISCLAIM RAPTA OFFERING WILL SATISFY ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVESTATUTORY OR REGULATORY OBLIGATIONS, OR OTHER DAMAGESWILL ASSIST WITH, COSTS GUARANTEE OR EXPENSES OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS. CUSTOMER IS SOLELY RESPONSIBLE FOR ENSURING THAT CUSTOMER’S AND ITS USER’S USE OF ANY KIND ARISING FROM THIS AGREEMENTAND ACCESS TO THE RAPTA OFFERING IS IN ACCORDANCE WITH APPLICABLE LAW. RAPTA FURTHER MAKES NO WARRANTY IN CONNECTION WITH UPLOAD OR DOWNLOAD OF “SENSITIVE DATA TYPES”, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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.DEFINED AS DATA PERTAINING TO

Appears in 1 contract

Samples: rapta.ai

Warranty Disclaimer. BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SUBSCRIBER EXPRESSLY UNDERSTAND AND AGREE THAT ALL USE OF CHEMAXON SAAS IS AT SUBSCRIBER'S SOLE RISK AND THAT CHEMAXON SAAS AND MAINTENANCE AND SUPPORT SERVICES COVERED BY THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND "AS AVAILABLE." CHEMAXON, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING CHEMAXON SAAS OR MAINTENANCE AND SUPPORT SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TOGETHER WITH ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE. NO WARRANTIES WHATSOEVERADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CHEMAXON OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS EUSA. NEITHER WITHOUT LIMITING THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION GENERALITY OF THE FOREGOING, CHEMAXON, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO SUBSCRIBER THAT: (A) SUBSCRIBER’S USE OF CHEMAXON SAAS OR MAINTENANCE AND SUPPORT SERVICES WILL MEET SUBSCRIBER’S REQUIREMENTS, OR (B) SUBSCRIBER’S USE OF CHEMAXON SAAS OR MAINTENANCE AND SUPPORT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL EXCLUDE OR LIMIT CHEMAXON'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SUBSCRIBER UNDERSTANDS AND ACKNOWLEDGES THAT THE CHEMAXON SAAS IS NOT DESIGNED, INTENDED OR WARRANTED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR ERROR FREE NOR GUARANTEE THE ACCURACYCOMMUNICATION SYSTEMS, VALIDITY AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableWEAPONS SYSTEMS.

Appears in 1 contract

Samples: s3.amazonaws.com

Warranty Disclaimer. BLP MAKES NO EXPRESS THE TWITTER CONTENT IS PROVIDED TO YOU “AS IS”, WITH ALL FAULTS AND TWITTER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTOTHERWISE, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, AND ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING CONDITIONS ARISING OUT OF THIS AGREEMENT, COURSE OF DEALING OR USAGE OF TRADE. TWITTER DOES NOT WARRANT THAT THE SERVICES TWITTER CONTENT OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH ANY OTHER TWITTER PRODUCT OR SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES WILL MEET ANY REPRESENTATION OF YOUR REQUIREMENTS OR WARRANTY THAT THE OPERATION USE OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, SUCH TWITTER CONTENT OR OTHER DAMAGESPRODUCTS OR SERVICES WILL BE ERROR-FREE, COSTS UNINTERRUPTED, VIRUS-FREE OR EXPENSES SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY KIND ARISING SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTSAGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE). 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.無保証。Twitterコンテンツはすべての瑕疵を含め「現状有姿」(as is)の状態で利用者に提供され、Twitterは、明示的、黙示的、法定、その他にかかわらず、商品性の保証、権利侵害の不存在についての保証、特定目的への適合性の保証、その他本契約、取引過程または商慣習から生じる保証または条件も含め(ただし、これらに限られません)、一切の保証を行いません。Twitterは、本契約に基づき提供されるTwitterコンテンツまたはその他のすべてのTwitterの製品もしくはサービスが利用者の要求を満たすこと、または当該Twitterコンテンツまたはその他の製品もしくはサービスの使用にエラーがないこと、停止がないこと、ウイルスがないこと、もしくは安全であることについて一切保証しません。本無保証の規定は一部の国では有効でない場合があり、利用者は法令上放棄または免責が認められない保証を受ける権利を有する場合があります。当該保証は、(当該法令において別段の定めがある場合を除き)本契約の発効日から30日間のみ有効です。

Appears in 1 contract

Samples: www.sprinklr.com

Warranty Disclaimer. BLP THE SERVICES, THEIR USE AND THE RESULTS OF SUCH USE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO EXPRESS OR GUARANTEES WITH RESPECT THERETO, AND DOES NOT GUARNATEE THAT ANY INVENTORY WILL BE AVAILABLE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY MAKES NO WARRANTIES (INCLUDING THE IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTOF MERCHANTABILITY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIEDAND NON-INFRINGEMENT), INCLUDING WITHOUT LIMITATIONGUARANTEES, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYREPRESENTATIONS, CONCERNING THIS AGREEMENTPROMISES, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDERSTATEMENTS, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACYESTIMATES, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVECONDITIONS, OR OTHER DAMAGESINDUCEMENTS, COSTS EXPRESS, IMPLIED, ORAL, WRITTEN, OR EXPENSES OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN. COMPANY DOES NOT WARRANT OR GUARANTEE CONVERSION RATES, PAY-UP RATES, RESPONSE RATES OR ABILITY TO CONVERT THE RESPONSES INTO SALES OR OTHER ACTIONS. COMPANY DOES NOT WARRANT OR GUARANTEE THE PROFILE OR DEMOGRAPHICS OF ANY KIND ARISING FROM THIS AGREEMENTEND USER OR RESPONDENT. COMPANY DOES NOT GUARANTEE TO MATCH COLORS, TEXT, PHOTO IMAGE OR BLP'S RECEIPTSCREEN DESIGN. ALL INSERTION ORDERS AND CAMPAIGNS ARE CONTINGENT UPON COMPANY’S ABILITY TO PROCURE NECESSARY ON-LINE ACCESS AND INVENTORY. COMPANY WILL MAKE GOOD FAITH EFFORTS TO MEET SCHEDULED DELIVERY OF ADVERTISEMENTS AND ONLINE DATES, USE OF, OR DELAY IN RECEIVING OR BUT MAKES NO GUARANTEE AND WILL HAVE LIABILITY FOR ITS FAILURE TO RECEIVEMEET SAID DATES, NOR WILL IT HAVE ANY LIABLITY FOR THE REPORTS. Multex's and its Contributors shall not have any obligation or liability to BLP or any third party relating toCONTENT OF ANY ADVERTISEMENT OR ANY SITES, or arising (i) the supplyingAPPES OR MEDIA ON WHICH THE ADVERTISEMENT APPEARS, 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 practicableNOR FOR ANY INTERRUPTIONS IN THE SERVICE.

Appears in 1 contract

Samples: Reseller Terms and Conditions

Warranty Disclaimer. BLP MAKES NO EXPRESS THE AGGREGATED PACKAGE AND DOCUMENTATION ARE LICENSED “AS IS,” AND JELASTIC DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTOF MERCHANTABILITY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, TITLE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, TO THE FULLEST EXTENT AUTHORIZED BY LAW. NEITHER WITHOUT LIMITING THE CONTRIBUTOR NOR MULTEX MAKE GENERALITY OF THE FOREGOING, JELASTIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY WARRANTIES WHATSOEVERKIND FOR THE THIRD PARTY SOFTWARE, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY DOES NOT WARRANT THAT THE AGGREGATED PACKAGE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE SHALL AGGREGATED PACKAGE WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE NOR GUARANTEE FREE, THAT DEFECTS OR ERRORS IN THE ACCURACYAGGREGATED PACKAGE WILL BE CORRECTED OR THAT THE AGGREGATED PACKAGE WILL BE COMPATIBLE WITH FUTURE JELASTIC’ PRODUCTS, VALIDITY OR COMPLETENESS THAT ANY INFORMATION STORED OR TRANSMITTED THROUGH THE AGGREGATED PACKAGE WILL NOT BE LOST, CORRUPTED OR DESTROYED. YOU ASSUME RESPONSIBILITY FOR SELECTING THE AGGREGATED PACKAGE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE REPORTSAGGREGATED PACKAGE. MULTEX YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES PERFORMANCE OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableAGGREGATED PACKAGE.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimer. BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING EXCEPT AS PROVIDED IN THIS SECTION, THE SERVICE AND PREMIUM SERVICES ARE PROVIDED ON AN "AS AVAILABLE, " "AS-IS" BASIS. TO THE PRODUCTS OR SERVICES COVERED MAXIMUM EXTENT PERMITTED BY THIS AGREEMENTLAW, INCLUDING TANIUM AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES WITH RESPECT TO THE SERVICE AND PREMIUM SERVICES, INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER TANIUM DOES NOT WARRANT THAT THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR PREMIUM SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, OR WILL CAUSE CUSTOMER TO BE COMPLIANT WITH APPLICABLE LAW; THAT CUSTOMER’S USE OF THE REPORTS. THE REPORTS AND THE SERVICE OR PREMIUM SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES WILL SATISFY ANY REPRESENTATION STATUTORY OR WARRANTY REGULATORY OBLIGATIONS; THAT THE OPERATION OF THE SOFTWARE SHALL SERVICE OR PREMIUM SERVICES WILL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE ERROR-FREE; OR THAT ERRORS OR DEFECTS IN THE ACCURACY, VALIDITY SERVICE OR COMPLETENESS PREMIUM SERVICES WILL BE CORRECTED. XXXXXX DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE OR RESULTS OF THE REPORTSSERVICE OR PREMIUM SERVICES. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM TANIUM DOES NOT PROVIDE WARRANTIES WITH RESPECT TO ANY LIABILITY FORTHIRD-PARTY PRODUCTS, INDIRECTSCRIPTS, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVECONTENT, OR OTHER DAMAGESTECHNOLOGIES. NO ORAL OR WRITTEN INFORMATION OR ADVICE, COSTS INCLUDING, BUT NOT LIMITED TO, SUGGESTIONS, ROUTINES, SCRIPTS OR EXPENSES QUERIES, PROVIDED BY TANIUM SHALL CREATE ANY ADDITIONAL TANIUM WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF ANY KIND ARISING FROM WARRANTIES OR TANIUM’S LIABILITY OR OBLIGATIONS UNDER THIS AGREEMENT. TANIUM HAS NO RESPONSIBILITY OR LIABILITY FOR ANY THIRD- PARTY PRODUCTS OR TECHNOLOGIES USED BY CUSTOMER WHETHER INDEPENDENTLY OR IN CONJUNCTION WITH THE SERVICE OR PREMIUM SERVICES. If applicable law affords Customer implied warranties, OR BLP'S RECEIPTguarantees or conditions despite these exclusions, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. Multex's those warranties will be limited to one (1) year from the Effective Date and its Contributors shall not have any obligation or liability Customer’s remedies will be limited to BLP or any third party relating to, or arising the maximum extent allowed by Sections 7 (iLimited Warranty; Disclaimer) the supplying, furnishing or the failure to supply or furnish the Reports and 9 (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 Limitation 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 otherwiseLiability), 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 1 contract

Samples: Subscription Agreement

Warranty Disclaimer. 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 CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS LICENSED PRODUCT AND THE SERVICES PROVIDED HEREUNDER DAFC DATA ARE PROVIDED "AS IS" WITH AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AS TO ACCURACY, FUNCTIONALITY, PERFORMANCE OR MERCHANTABILITY. DAFC AND THE SOURCES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. DAFC AND THE SOURCES MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, COMPLETENESS, SEQUENCE, 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 WHATSOEVERAND SHOULD NOT BE RELIED UPON AND ARE NOT PART OF THIS AGREEMENT. NEITHER DAFC NOR ANY OF ITS AFFILIATES OR THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION SOURCES INCLUDING, WITHOUT LIMITATION, THE EXCHANGES, REPRESENT OR WARRANTY WARRANT THAT THE OPERATION OF THE SOFTWARE SHALL LICENSED PRODUCT OR DAFC DATA WILL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS ERROR- FREE. SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE REPORTS. MULTEX LICENSED PRODUCT, DAFC DATA OR ANY OTHER INFORMATION IS AT SUBSCRIBER'S SOLE RISK AND THAT DAFC AND THE CONTRIBUTORS 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 DISCLAIM ANY LIABILITY FORAGREES 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, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVETHE HARDWARE, OR OTHER DAMAGES, COSTS THE APPLICATION SERVICES. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPENSES EXPIRATION AND NONRENEWAL OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 1 contract

Samples: Dafc Subscriber Agreement

Warranty Disclaimer. BLP MAKES NO EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, ALL SERVICES HEREUNDER ARE PROVIDED ON AN "AS IS" BASIS, AND ALL USE THEREOF IS AT SERVICE PROVIDER’S AND ITS CUSTOMER’S OWN RISK. ITOPIA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR IMPLIED WARRANTIES RELATING TRADE PRACTICE. EXCEPT AS OTHERWISE EXPRESSLY SET INDIRECT OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THE PRODUCTS OR SERVICES COVERED BY ANY SUBJECT MATTER OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO WARRANTIES SERVICES. IN NO EVENT WILL ITOPIA OR ITS AGENTS OR SUPPLIERS BE LIABLE TO SERVICE PROVIDER, ANY CUSTOMER OR USER, OR ANY THIRD PARTY FOR THE COST OF MERCHANTABILITY SUBSTITUTE SERVICES OR FITNESS FOR A PARTICULAR PURPOSEANY CLAIMS ARISING OUT OF OR RELATED TO SERVICE PROVIDER’S BUSINESS, ITS RELATIONSHIP WITH ITS CUSTOMERS OR USERS, OR OTHERWISE. NEITHER ITOPIA NOR ITS AGENTS OR SUPPLIERS SHALL BE LIABLE FOR ANY DAMAGES ASSOCIATED WITH THE CONTRIBUTOR INTERRUPTION, UNAVAILABILITY, OR LOSS OF USE OF SERVICES OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER ITOPIA NOR MULTEX MAKE ITS AGENTS OR SUPPLIERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO SERVICE PROVIDER’S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF SERVICE PROVIDER’S DATA FILES, PROGRAMS PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY WARRANTIES WHATSOEVEROTHER METHOD. EXCEPT FOR INDEMNIFICATION CLAIMS BASED ON INTELLECTUAL PROPERTY INFRINGEMENT AS SET FORTH IN SECTION 12 BELOW, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR ITOPIA’S MAXIMUM AGGREGATE LIABILITY RELATED TO A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING CLAIM ARISING UNDER THIS AGREEMENT, UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER THEORY, WILL BE LIMITED TO THE SERVICES OR EQUIPMENT THREE MONTHS OF FEES PAID TO ITOPIA UNDER THIS AGREEMENT IMMEDIATELY PRECEEDING THE EVENT GIVING RISE TO SUCH LIABILITY; PROVIDED, HOWEVER, THAT SERVICE PROVIDER PROVIDES ITOPIA WITH WRITTEN NOTICE OF SUCH CLAIM WITHIN SIX (IF ANY6) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION MONTHS OF THE SOFTWARE SHALL BE UNINTERRUPTED OCCURRENCE GIVING RISE TO SUCH CLAIM. THESE LIMITATIONS OF LIABILITY ARE INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableHAVE PROVEN INEFFECTIVE.

Appears in 1 contract

Samples: Itopia Reseller Agreement

Warranty Disclaimer. BLP MAKES Licensee acknowledges that: use of the Package OR ANY SUPPORT SERVICES may result in unexpected results, loss of data or other unpredictable damage or loss to Licensee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THE PACKAGE AND ANY SUPPORT SERVICES ARE BEING PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DESKALERTS, ITS AFFILIATES AND ITS OR THEIR RESPECTIVE LICENSORS MAKE NO WARRANTIES OR GUARANTEES OR REPRESENTATIONS, AND EXPLICITLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED WARRANTIES RELATING IMPLIED, ORAL OR WRITTEN, OF ANY KIND OR NATURE, WITH RESPECT TO THE PRODUCTS PACKAGE, ANY SUPPORT SERVICES, THE USE OR SERVICES COVERED BY THIS AGREEMENTDISTRIBUTION THEREOF, INCLUDING BUT NOT LIMITED TO WARRANTIES ANY MODIFICATION THEREOF BY LICENSEE OR ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT, ACCURACY, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. NEITHER DESKALERTS DOES NOT WARRANT THAT (A) THE CONTRIBUTOR NOR MULTEX MAKE PACKAGE OR ANY WARRANTIES WHATSOEVERSUPPORT SERVICES WILL MEET LICENSEE’S REQUIREMENTS, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANYB) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL PACKAGE OR ANY SUPPORT SERVICES WILL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY VIRUS- OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVEERROR-FREE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS(C) DEFECTS WILL BE CORRECTED. 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 practicable11.

Appears in 1 contract

Samples: License Agreement

Warranty Disclaimer. BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING EXCEPT AS PROVIDED IN THIS SECTION, THE SERVICE AND PREMIUM SERVICES ARE PROVIDED ON AN "AS AVAILABLE, " "AS-IS" BASIS. TO THE PRODUCTS OR SERVICES COVERED MAXIMUM EXTENT PERMITTED BY THIS AGREEMENTLAW, INCLUDING TANIUM AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES WITH RESPECT TO THE SERVICE AND PREMIUM SERVICES, INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER TANIUM DOES NOT WARRANT THAT THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR PREMIUM SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, OR WILL CAUSE CUSTOMER TO BE COMPLIANT WITH APPLICABLE LAW; THAT CUSTOMER’S USE OF THE REPORTS. THE REPORTS AND THE SERVICE OR PREMIUM SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES WILL SATISFY ANY REPRESENTATION STATUTORY OR WARRANTY REGULATORY OBLIGATIONS; THAT THE OPERATION OF THE SOFTWARE SHALL SERVICE OR PREMIUM SERVICES WILL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE ERROR-FREE; OR THAT ERRORS OR DEFECTS IN THE ACCURACY, VALIDITY SERVICE OR COMPLETENESS PREMIUM SERVICES WILL BE CORRECTED. TANIUM DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE OR RESULTS OF THE REPORTSSERVICE OR PREMIUM SERVICES. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM TANIUM DOES NOT PROVIDE WARRANTIES WITH RESPECT TO ANY LIABILITY FORTHIRD-PARTY PRODUCTS, INDIRECTSCRIPTS, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVECONTENT, OR OTHER DAMAGESTECHNOLOGIES. NO ORAL OR WRITTEN INFORMATION OR ADVICE, COSTS INCLUDING, BUT NOT LIMITED TO, SUGGESTIONS, ROUTINES, SCRIPTS OR EXPENSES QUERIES, PROVIDED BY TANIUM SHALL CREATE ANY ADDITIONAL TANIUM WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF ANY KIND ARISING FROM WARRANTIES OR TANIUM’S LIABILITY OR OBLIGATIONS UNDER THIS AGREEMENT. TANIUM HAS NO RESPONSIBILITY OR LIABILITY FOR ANY THIRD-PARTY PRODUCTS OR TECHNOLOGIES USED BY CUSTOMER WHETHER INDEPENDENTLY OR IN CONJUNCTION WITH THE SERVICE OR PREMIUM SERVICES. If applicable law affords Customer implied warranties, OR BLP'S RECEIPTguarantees or conditions despite these exclusions, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. Multex's those warranties will be limited to one (1) year from the Effective Date and its Contributors shall not have any obligation or liability Customer’s remedies will be limited to BLP or any third party relating to, or arising the maximum extent allowed by Sections 7 (iLimited Warranty; Disclaimer) the supplying, furnishing or the failure to supply or furnish the Reports and 9 (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 Limitation 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 otherwiseLiability), 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 1 contract

Samples: www.immixgroup.com

Warranty Disclaimer. BLP YOUR USE OF THE SHOPGATE CONNECT PLATFORM IS AT YOUR SOLE RISK. THE SHOPGATE CONNECT PLATFORM IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AVAILABILITY OF APPLICATIONS AND CONTENT FROM THE SHOPGATE CONNECT PLATFORM. SHOPGATE MAKES NO EXPRESS REPRESENTATIONS OR IMPLIED WARRANTIES RELATING WITH RESPECT TO THE PRODUCTS SHOPGATE CONNECT PLATFORM OR SUPPORT SERVICES COVERED (IF ANY). YOU UNDERSTAND THAT SHOPGATE USES AFFILIATES, THIRD-PARTY VENDORS AND HOSTING PARTNERS TO PROVIDE THE NECESSARY HARDWARE, SOFTWARE, NETWORKING, AND RELATED TECHNOLOGY REQUIRED TO RUN THE SHOPGATE CONNECT PLATFORM AND THAT SHOPGATE IS NOT RESPONSIBLE FOR THE SERVICES PROVIDED BY THIS AGREEMENTSUCH THIRD PARTIES. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO SHOPGATE DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE , AND NON-INFRINGEMENT, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES WHATSOEVERARISING FROM A COURSE OF DEALING, EXPRESSED COURSE OF PERFORMANCE, OR IMPLIED, INCLUDING WITHOUT LIMITATION, USAGE OF TRADE. TO THE EXTENT THAT SHOPGATE MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENTIMPLIED WARRANTY, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableMINIMUM PERMITTED UNDER APPLICABLE LAW.

Appears in 1 contract

Samples: s3.eu-west-1.amazonaws.com

Warranty Disclaimer. BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE PRODUCTS OR SERVICES COVERED FULLEST EXTENT PERMITTED BY THIS AGREEMENTLAW, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVERSURGFLIX, EXPRESSED ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. SURGFLIX MAKES NO WARRANTIES OR FITNESS 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 PARTICULAR PURPOSE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR MERCHANTABILITYOTHERWISE MADE AVAILABLE VIA THE SERVICES. SURGFLIX DOES NOT WARRANT, CONCERNING THIS AGREEMENTENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE ANY HYPERLINKED SERVICES OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES FEATURED IN ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, BANNER OR OTHER DAMAGESADVERTISING, COSTS AND SURGFLIX WILL NOT BE A PARTY TO OR EXPENSES 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 KIND ARISING FROM THIS AGREEMENTMEDIUM OR IN ANY ENVIRONMENT, OR BLP'S RECEIPT, YOU SHOULD USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableYOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Appears in 1 contract

Samples: www.surgflix.com

Warranty Disclaimer. BLP EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IN THE SLA, CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. QUIVERS MAKES NO EXPRESS WARRANTY OR IMPLIED WARRANTIES RELATING TO THE REPRESENTATION REGARDING QUIVERS’ SERVICES, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES COVERED OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. QUIVERS DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE QUIVERS SITE OR THE QUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING MERCHANTS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO COUNSEL OR ADVICE REGARDING LEGAL, TAX, REGULATORY, OR OTHER REQUIREMENTS, INCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR USE OF GIFT CARDS, THE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR PRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITY. LIMITATION OF LIABILITY IN NO EVENT WILL QUIVERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), WHETHER SUCH LIABILITY IS FORESEEABLE, EVEN IF QUIVERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT, EQUITY OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARISING OUT OF, OR RESULTING FROM, ANY SUBJECT MATTER OF THIS AGREEMENT. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, SUCH LIABILITY ARISING OUT OF, OR RESULTING FROM: (1) THE ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE QUIVERS SERVICES; (2) THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES; (3) THE ACQUISITION OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE QUIVERS SERVICES; (4) MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE QUIVERS SERVICES, INCLUDING WITHOUT LIMITATION THE UPLOADING OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE QUIVERS SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS; OR (5) UNAUTHORIZED ACCESS TO OR ALTERATION OF MERCHANTABILITY USERS’ TRANSMISSIONS OR FITNESS FOR A PARTICULAR PURPOSEDATA. NEITHER NOTWITHSTANDING THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVERFACT THAT QUIVERS OR OTHER PARTIES INVOLVED IN CREATING, EXPRESSED PRODUCING, OR IMPLIEDDELIVERING THE QUIVERS SITE MAY MONITOR OR REVIEW TRANSMISSIONS, POSTINGS, DISCUSSIONS, OR CHATS, QUIVERS AND ALL PARTIES INVOLVED IN CREATING, PRODUCING, DELIVERING OR OPERATING THE QUIVERS SITE, ASSUME NO RESPONSIBILITY OR LIABILITY WHICH MAY ARISE FROM THE CONTENT THEREOF, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO CLAIMS FOR DEFAMATION, LIBEL, SLANDER, OBSCENITY, PORNOGRAPHY, PROFANITY, OR MISREPRESENTATION. QUIVERS’ LIABILITY TO CLIENT ARISING OUT OF, OR RESULTING FROM, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING SUBJECT MATTER OF THIS AGREEMENT, WHETHER BASED IN TORT, CONTRACT, STRICT PRODUCT LIABILITY OR EQUITABLE THEORIES, SHALL NOT EXCEED THE SERVICES SUM OF ALL PAYMENTS MADE OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, OWED BY CLIENT PURSUANT TO THIS AGREEMENT DURING THE BLOOMBERG-MULTEX RESEARCH SERVICE OR TWELVE MONTHS PRIOR TO THE REPORTSEVENT GIVING RISE TO LIABILITY. THE REPORTS LIMITATIONS SPECIFIED HEREIN WILL SURVIVE AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES APPLY EVEN IF ANY REPRESENTATION OR WARRANTY THAT THE OPERATION LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableITS ESSENTIAL PURPOSE.

Appears in 1 contract

Samples: Quivers Master Services Agreement

Warranty Disclaimer. BLP MAKES NO EXPRESS THE SERVICE AND ANY THIRD-PARTY MATERIALS/SERVICES (WHICH MAY INCLUDE SUBMISSIONS), ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PENTAIR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTOF MERCHANTABILITY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. NEITHER WITHOUT LIMITING THE CONTRIBUTOR NOR MULTEX MAKE FOREGOING, PENTAIR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY WARRANTIES WHATSOEVERKIND, EXPRESSED THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR IMPLIEDWORK 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 SERVICE AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE (WHETHER ACCURATE OR INACCURATE), INCLUDING WITHOUT LIMITATIONWITH RESPECT TO THE OPERATION, ANY WARRANTIES MAINTENANCE OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYPERFORMANCE STATUS OF PRODUCTS AND SERVICES USED IN CONNECTION WITH THE SERVICE, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER YOU ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY SOLELY RESPONSIBLE FOR, INDIRECTAND ASSUME ALL RISK RELATED TO THE PROPER OPERATION, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES SUPPORT AND MAINTENANCE OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY PRODUCTS AND SERVICES USED IN RECEIVING OR FAILURE TO RECEIVE, CONNECTION WITH THE REPORTS. 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 practicableSERVICE.

Appears in 1 contract

Samples: Terms of Service

Warranty Disclaimer. BLP MAKES NO YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE CONNECT MY DATA PLATFORM IS AT YOUR SOLE RISK AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CONNECT MY DATA PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION IN RESPECT OF ACCURACY OF CUSTOMER DATA, AND LDC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE CONNECT MY DATA PLATFORM, EITHER EXPRESS OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NEITHER LDC FURTHER DISCLAIMS, TO THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATIONMAXIMUM EXTENT PERMITTED BY LAW, ANY WARRANTIES AGAINST INTERFERENCE WITH YOUR QUIET ENJOYMENT OF THE CONNECT MY DATA PLATFORM, THAT THE FUNCTIONS CONTAINED IN OR FITNESS FOR A PARTICULAR PURPOSE SERVICES PERFORMED OR MERCHANTABILITYPROVIDED BY THE CONNECT MY DATA PLATFORM WILL MEET YOUR REQUIREMENTS, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL CONNECT MY DATA PLATFORM WILL BE UNINTERRUPTED UNINTERRUPTED, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR ERROR FREE NOR GUARANTEE THE ACCURACYWORK WITH ANY OF YOUR OR ANY THIRD PARTY’S SOFTWARE, VALIDITY SYSTEM OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVEOTHER SERVICES, OR OTHER DAMAGESBE SECURE, COSTS OR EXPENSES ACCURATE, COMPLETE, FREE OF ANY KIND ARISING FROM THIS AGREEMENTHARMFUL CODE, OR BLP'S RECEIPT, USE OFERROR-FREE, OR DELAY IN RECEIVING THAT ANY ERRORS OR FAILURE TO RECEIVEDEFECTS CAN OR WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LDC, THE REPORTS. Multex's and its Contributors shall not have any obligation or liability to BLP or any third party relating toITS REPRESENTATIVES, 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 practicableOR LICENSORS SHALL CREATE ANY SORT OF WARRANTY.

Appears in 1 contract

Samples: Data Services Agreement

Warranty Disclaimer. BLP MAKES INSIDESALES AND ITS LICENSORS MAKE NO EXPRESS REPRESENTATION, WARRANTY, OR IMPLIED WARRANTIES RELATING GUARANTEE AS TO THE PRODUCTS RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES COVERED OR ANY CONTENT. INSIDESALES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (1) THE 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 THIS AGREEMENTYOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, INCLUDING BUT NOT LIMITED (5) ERRORS OR DEFECTS WILL BE CORRECTED, OR (6) THE SERVICES, THE CONTENT, OR THE EQUIPMENT OR FACILITIES USED TO WARRANTIES MAKE THE SERVICES AVAILABLE ARE FREE OF MERCHANTABILITY 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, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY INSIDESALES AND ITS LICENSORS. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE NO ADVICE, INFORMATION OR ACTION FROM INSIDESALES OR ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, OTHER SOURCE SHALL CREATE ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 1 contract

Samples: Master Terms and Conditions

Warranty Disclaimer. BLP MAKES NO EXPRESS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MOBILE APP, FLEETNURSE MATERIALS, AND SERVICES ARE BEING PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. FLEETNURSE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTOF MERCHANTABILITY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. NEITHER THE CONTRIBUTOR NOR MULTEX IN PARTICULAR, FLEETNURSE AND ITS AFFILIATES MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT (A) THE OPERATION MOBILE APP, FLEETNURSE MATERIALS, OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SOFTWARE SHALL MOBILE APP, FLEETNURSE MATERIALS, OR SERVICES WILL BE UNINTERRUPTED TIMELY, UNINTERRUPTED, SECURE, COMPLETE, OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS ERROR-FREE; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FORMOBILE APP, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVEFLEETNURSE MATERIALS, OR OTHER DAMAGESSERVICES WILL BE ACCURATE OR RELIABLE; (D) ANY DEFECTS OR ERRORS IN THE MOBILE APP, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENTFLEETNURSE MATERIALS, OR BLP'S RECEIPTSERVICES WILL BE CORRECTED; OR (E) YOU WILL REALIZE ANY AMOUNT OF ECONOMIC BENEFIT IN CONNECTION WITH THESE TERMS OR USE OF THE MOBILE APP OR OUR SERVICES. ANY MATERIAL TRANSMITTED, USE OFSTORED, ACCESSED, OR DELAY IN RECEIVING OTHERWISE MAINTAINED THROUGH THE USE OF THE MOBILE APP OR FAILURE SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO RECEIVEYOUR DEVICES OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE MOBILE APP OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLEETNURSE OR THROUGH OR FROM THE REPORTS. 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 practicableMOBILE APP OR SERVICES WILL CREATE ANY WARRANTY.

Appears in 1 contract

Samples: Fleetnurse Terms of Service

Warranty Disclaimer. BLP MAKES EXCEPT AS EXPRESSLY STATED OTHERWISE IN THE TMS AGREEMENT, WE MAKE NO EXPRESS WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE OPERATION, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND/OR ANY EQUIPMENT, HARDWARE, SOFTWARE, INTERNET SERVICES OR OTHER SERVICES PROVIDED BY US OR A THIRD PARTY SERVICE PROVIDER, INCLUDING, WITHOUT LIMITATION, THAT THE SERVICES AND/OR ANY EQUIPMENT, HARDWARE, SOFTWARE, INTERNET SERVICES OR OTHER SERVICES PROVIDED BY US OR A THIRD PARTY SERVICE PROVIDER WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE), AND WE DISCLAIM ALL IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. NEITHER WITHOUT LIMITING THE CONTRIBUTOR NOR MULTEX GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR TELECOMMUNICATION LINES OR CIRCUITS, AND YOU HEREBY ASSUME ALL SUCH RISKS. IF ANY OF THESE DISCLAIMERS ARE LIMITED OR PROHIBITED BY APPLICABLE LAW, WE MAKE ONLY THE WARRANTIES SPECIFICALLY PERMITTED BY APPLICABLE LAW. ANY DISCLAIMERS OF WARRANTIES WHATSOEVERSTATED IN A SERVICE AGREEMENT OR USER GUIDE SHALL BE IN ADDITION TO, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENTAND NOT IN LIEU OF, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableDISCLAIMERS STATED HEREIN.

Appears in 1 contract

Samples: Master Treasury Management Services Agreement

Warranty Disclaimer. BLP EXCEPT AS EXPRESSLY SET FORTH IN THIS SETTLEMENT AGREEMENT, NEITHER PURDUE NOR ANY OF ITS AFFILIATES MAKES NO ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTOF MERCHANTABILITY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, INCLUDING WITH RESPECT TO THE PURDUE PATENTS OR ANY OTHER PATENT HELD BY PURDUE. NEITHER FURTHERMORE, UNLESS EXPRESSLY STATED IN THIS SETTLEMENT AGREEMENT, NOTHING IN THIS SETTLEMENT AGREEMENT SHALL BE CONSTRUED AS A WARRANTY THAT ANY PATENT, THE CONTRIBUTOR NOR MULTEX MAKE PRACTICE OF ANY WARRANTIES WHATSOEVERINVENTION CLAIMED IN ANY PATENT OR OTHER PROPRIETARY RIGHTS INCLUDED IN THE PURDUE PATENTS DO NOT, EXPRESSED OR THE MAKING, HAVING MADE, USING, SELLING, OFFERING FOR SALE OR IMPORTING OF EMBEDA® PRODUCTS BY ANY PERSON DOES NOT, INFRINGE ANY PATENT RIGHTS OR *** Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission. OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. IT IS HEREBY AGREED AND ACKNOWLEDGED BY KING THAT PURDUE IS GIVING NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES TO KING IN RELATION TO THE SAFETY OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THERAPEUTIC EFFECTIVENESS OF THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE EMBEDA® PRODUCTS OR THE REPORTSVALIDITY OR ENFORCEABILITY OF ANY INTELLECTUAL PROPERTY RIGHTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES FURTHER, KING WILL NOT GIVE ANY REPRESENTATION SUCH GUARANTEE OR WARRANTY THAT THE OPERATION TO ANY THIRD PARTIES ON BEHALF OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicablePURDUE.

Appears in 1 contract

Samples: Settlement Agreement (King Pharmaceuticals Inc)

Warranty Disclaimer. BLP MAKES NO You acknowledge that the Solutions and Services may not satisfy all Your requirements or be free from defects. We warrant for a period of one year from the date on which installation of the Product or access to the Hosted Services is recorded, that the Products will be free from defects in materials and workmanship under normal use. OUR ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THE FOREGOING LIMITED WARRANTY SHALL BE, AT OUR OPTION, EITHER (A) RETURN OF THE PRICE PAID, IF ANY, OR (B) REPAIR OR REPLACEMENT OF THE PRODUCT THAT DOES NOT MEET OUR LIMITED WARRANTY. This Limited Warranty is void if failure of the Product has resulted from Your choice of equipment from a third party, from incorrect use by You or any third party or caused by accident, abuse, or misapplication. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTIMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON- INFRINGEMENT, TITLE OR OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER PURPOSE WITH REGARD TO THE CONTRIBUTOR NOR MULTEX MAKE SOLUTIONS, ACCOMPANYING WRITTEN MATERIALS, THE SERVICES, CUSTOM SOLUTIONS AND/OR RESULTING FROM THEIR PERFORMANCE OR FAILURE TO PERFORM ANY WARRANTIES WHATSOEVEROBLIGATION UNDER THIS AGREEMENT OR RESULTING FROM THE FURNISHING, EXPRESSED PERFORMANCE, USE OR IMPLIEDLOSS OF USE OF ANY PART OF THE SOLUTIONS, CUSTOM SOLUTIONS, OR ANY DATA, INFORMATION OR OTHER PROPERTY OF CUSTOMER, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES INTERRUPTION OF CUSTOMER’S BUSINESS, DELAYS, SERVICE FAILURES, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR FITNESS FOR A PARTICULAR PURPOSE OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL OF WHETHER RESULTING FROM BREACH OF CONTRACT OR MERCHANTABILITYBREACH OF WARRANTY, CONCERNING THIS AGREEMENTEVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDERABOVE LIMITATION MAY NOT APPLY TO YOU, BUT NOTE THAT TO THE MAXIMUM EXTENT PERMITTED, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR SUBSTANTIVE LAW GOVERNING THIS AGREEMENT IS DEFINED IN PROVISION 19.1 AND MAY NOT BE THE REPORTSLAW OF YOUR JURISDICTION. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY IF YOU DO HAVE OTHER STATURORY RIGHTS, YOU ACKNOWLEDGE THAT THE OPERATION DURATION OF SUCH RIGHTS WILL BE LIMITED TO THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableSHORTEST PERIOD PERMITTED BY LAW.

Appears in 1 contract

Samples: Consulting Customer Agreement

Warranty Disclaimer. BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING All Works and the Service is provided to End Users “AS IS” and “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE PRODUCTS SELECTION AND USE OF THE LOT’S CAVE SERVICE, OR SERVICES COVERED BY THIS AGREEMENTANY MODIFICATIONS THERETO, INCLUDING BUT OR THE WORK, IS WITH AUTHOR AND END USERS. LOT’S CAVE DOES NOT LIMITED WARRANT THAT THE PRODUCT OR MODIFICATIONS WILL MEET THE REQUIREMENTS OF END USERS. TO WARRANTIES THE EXTENT THAT LOT’S CAVE MAY NOT, AS A MATTER OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE APPLICABLE LAW, DISCLAIM ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENTWARRANTY, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS SCOPE AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR DURATION OF SUCH WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED THE MINIMUM PERMITTED UNDER APPLICABLE LAW. 15d. LIMITATION ON DAMAGES. IN NO CASE SHALL LOT’S CAVE BE LIABLE TO AUTHOR OR ERROR FREE NOR GUARANTEE THE ACCURACYEND USERS, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOROTHER THIRD PARTY, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITSEXEMPLARY, PUNITIVE, OR OTHER DAMAGES, COSTS CONSEQUENTIAL DAMAGES OF ANY KIND. IN NO CASE SHALL LOT’S CAVE OR EXPENSES ITS RETAILERS BE LIABLE FOR ERRORS OF ANY KIND ARISING FROM THIS AGREEMENTTHAT RESULT IN SHIPMENT OR AVAILABILITY DELAYS, MISPRICINGS, OR BLP'S RECEIPT, USE OF, INACCURATE OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTSINCOMPLETE PRODUCT LISTINGS. Multex's and its Contributors shall not have any obligation or liability It is the Author responsibility 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 pricesmonitor e-Book listings, and related market and statistical information and prices displayedreport errors to Lot’s Cave, carried or furnished by or through in which case Lot’s Cave will, on a best-efforts basis, strive to work with the ServicesAuthor to correct the error. Multex and Contributors shall not have In the event that Lot’s Cave is found liable for any liability for damages, direct or indirect, special, consequential, compensatory, lost profits, for any defaults arising out of this Agreement. Multex maximum reason whatsoever, Author hereby expressly agrees that in no event will Lot’s Cave’s liability hereunder for any other cause not exculpated hereunder, whether in tort or contract, shall not to Author exceed the actual damages. Multex may discontinue and terminate providing all or a portion of amounts collected by Lot’s Cave for 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 Author’s book 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 practicablequestion.

Appears in 1 contract

Samples: Ebook Publishing Agreement

Warranty Disclaimer. BLP THE SERVICES, THEIR USE AND THE RESULTS OF SUCH USE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. XXXXXX MAKES NO EXPRESS OR GUARANTEES WITH RESPECT THERETO, AND DOES NOT GUARNATEE THAT ANY INVENTORY WILL BE AVAILABLE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, XXXXXX MAKES NO WARRANTIES (INCLUDING THE IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTOF MERCHANTABILITY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIEDAND NON-INFRINGEMENT), INCLUDING WITHOUT LIMITATIONGUARANTEES, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYREPRESENTATIONS, CONCERNING THIS AGREEMENTPROMISES, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDERSTATEMENTS, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACYESTIMATES, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVECONDITIONS, OR OTHER DAMAGESINDUCEMENTS, COSTS EXPRESS, IMPLIED, ORAL, WRITTEN, OR EXPENSES OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN. PAEDAE DOES NOT WARRANT OR GUARANTEE CONVERSION RATES, PAY-UP RATES, RESPONSE RATES OR ABILITY TO CONVERT THE RESPONSES INTO SALES OR OTHER ACTIONS. PAEDAE DOES NOT WARRANT OR GUARANTEE THE PROFILE OR DEMOGRAPHICS OF ANY KIND ARISING FROM THIS AGREEMENTEND USER OR RESPONDENT. XXXXXX DOES NOT GUARANTEE TO MATCH COLORS, TEXT, PHOTO IMAGE OR BLP'S RECEIPTSCREEN DESIGN. ALL INSERTION ORDERS AND CAMPAIGNS ARE CONTINGENT UPON XXXXXX’S ABILITY TO PROCURE NECESSARY ON-LINE ACCESS AND INVENTORY. XXXXXX WILL MAKE GOOD FAITH EFFORTS TO MEET SCHEDULED DELIVERY OF ADVERTISEMENTS AND ONLINE DATES, USE OF, OR DELAY IN RECEIVING OR BUT MAKES NO GUARANTEE AND WILL HAVE LIABILITY FOR ITS FAILURE TO RECEIVEMEET SAID DATES, NOR WILL IT HAVE ANY LIABLITY FOR THE REPORTS. Multex's and its Contributors shall not have any obligation or liability to BLP or any third party relating toCONTENT OF ANY ADVERTISEMENT OR ANY SITES, or arising (i) the supplyingAPPES OR MEDIA ON WHICH THE ADVERTISEMENT APPEARS, 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 practicableNOR FOR ANY INTERRUPTIONS IN THE SERVICE.

Appears in 1 contract

Samples: Reseller Terms and Conditions

Warranty Disclaimer. BLP MAKES RIGHTNOW WARRANTS THAT THE SERVICES WILL PERFORM SUBSTANTIALLY AND MATERIALLY IN ACCORDANCE WITH THE FUNCTIONS DESCRIBED IN THE USER DOCUMENTATION UNDER NORMAL USE AND CIRCUMSTANCES BY AUTHORIZED USERS OF THE SERVICES, IN ACCORDANCE WITH THIS AGREEMENT AND THE DOCUMENTATION. IF THERE IS A MATERIAL BREACH OF THE ABOVE WARRANTY, RIGHTNOW’S ENTIRE LIABILITY AND CUSTOMER’S ENTIRE REMEDY SHALL BE, AT RIGHTNOW’S OPTION TO (I) MODIFY THE SERVICES TO CONFORM TO THE DOCUMENTATION; (II) PROVIDE A REASONABLE WORKAROUND SOLUTION WHICH WILL REASONABLY MEET CUSTOMER’S REQUIREMENTS OR (III) IF NEITHER OF THE FOREGOING IS COMMERCIALLY REASONABLE, TERMINATE THIS AGREEMENT WITH NO FURTHER LIABILITY TO CUSTOMER. THESE REMEDIES ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR A CLAIM OF BREACH OF WARRANTY. EXCEPT AS SET FORTH ABOVE, CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT THE CUSTOMER'S SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. RIGHTNOW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTIMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. NEITHER RIGHTNOW MAKES NO WARRANTY THAT THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVERSERVICES WILL MEET CUSTOMER'S REQUIREMENTS, EXPRESSED THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR IMPLIEDERROR- FREE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. XXXXXXXX MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR EQUIPMENT (IF ANY) AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICES. NOTHING HEREIN COMPRISES A WARRANTY BY ANY THIRD PARTY, AND NOTHING IN THIS AGREEMENT PROVIDES CUSTOMER WITH ANY RECOURSE AGAINST A THIRD PARTY THAT HAS PROVIDED HEREUNDER, SOFTWARE OR HARDWARE TO RIGHTNOW FOR USE IN DELIVERY OF THE BLOOMBERG-MULTEX RESEARCH SERVICE SERVICES. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR THE REPORTS. THE REPORTS AND DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVERIS DONE AT CUSTOMER'S OWN DISCRETION AND RISK, AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. NEITHER SOME JURISDICTIONS DO NOT ALLOW THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE ABOVE EXCLUSIONS MAY NOT APPLY TO RECEIVE, THE REPORTS. 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 practicableCUSTOMER.

Appears in 1 contract

Samples: www.oracle.com

Warranty Disclaimer. BLP MAKES NO EXPRESS THE SOFTWARE IS PROVIDED TO YOU "AS IS" AND XXXXXXXXXX.XXX, ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTCONDITIONS OF MERCHANTABILITY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. NEITHER NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XXXXXXXXXX.XXX, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL INCREASE THE CONTRIBUTOR NOR MULTEX MAKE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY WARRANTIES WHATSOEVERNEW WARRANTIES. LIMITATION OF LIABILITY. IN NO EVENT SHALL XXXXXXXXXX.XXX BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, EXPRESSED INCIDENTAL, SPECIAL OR IMPLIEDCONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH, INCLUDING WITHOUT LIMITATIONLOSS OF PROFITS, ANY WARRANTIES REVENUE, DATA, OR FITNESS FOR A PARTICULAR PURPOSE USE, WHETHER IN AN ACTION IN CONTRACT OR MERCHANTABILITYTORT, CONCERNING THIS AGREEMENT, THE SERVICES WHETHER OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION NOT XXXXXXXXXX.XXX HAS BEEN ADVISED OF THE SOFTWARE POSSIBILITY OF SUCH DAMAGES. XXXXXXXXXXX.XXX TOTAL AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTSIN NO EVENT EXCEED FIVE ($5.00) U.S. DOLLARS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. Multex's The foregoing limitation of liability and its Contributors exclusion of certain damages 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 apply regardless of the Reports success or securities or commodities information and prices, and related market and statistical information and prices displayed, carried or furnished by or through effectiveness of any of the Services. Multex and Contributors shall not have any liability exclusive remedies provided for damages, direct or indirect, special, consequential, compensatory, lost profits, for any defaults arising out of under this Agreement. Multex maximum In jurisdictions that do not allow the exclusion or limitation of liability hereunder for any other cause not exculpated hereunderconsequential, whether in tort special or contractincidental damages, 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 Xxxxxxxxxx.Xxx’s 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, under this Agreement shall be limited 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 practicablemaximum extent permitted by applicable law.

Appears in 1 contract

Samples: visibility.biz

Warranty Disclaimer. BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING EXCEPT AS PROVIDED IN THIS SECTION, THE SERVICE AND PREMIUM SERVICES ARE PROVIDED ON AN “AS AVAILABLE, ” “AS-IS” BASIS. TO THE PRODUCTS OR SERVICES COVERED MAXIMUM EXTENT PERMITTED BY THIS AGREEMENTLAW, INCLUDING TANIUM AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES WITH RESPECT TO THE SERVICE AND PREMIUM SERVICES, INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER TANIUM DOES NOT WARRANT THAT THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR PREMIUM SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, OR WILL CAUSE CUSTOMER TO BE COMPLIANT WITH APPLICABLE LAW; THAT CUSTOMER’S USE OF THE REPORTS. THE REPORTS AND THE SERVICE OR PREMIUM SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES WILL SATISFY ANY REPRESENTATION STATUTORY OR WARRANTY REGULATORY OBLIGATIONS; THAT THE OPERATION OF THE SOFTWARE SHALL SERVICE OR PREMIUM SERVICES WILL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE ERROR-FREE; OR THAT ERRORS OR DEFECTS IN THE ACCURACY, VALIDITY SERVICE OR COMPLETENESS PREMIUM SERVICES WILL BE CORRECTED. TANIUM DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE OR RESULTS OF THE REPORTSSERVICE OR PREMIUM SERVICES. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM TANIUM DOES NOT PROVIDE WARRANTIES WITH RESPECT TO ANY LIABILITY FORTHIRD-PARTY OR NON-GA PRODUCTS, INDIRECTSCRIPTS, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVECONTENT, OR OTHER DAMAGESTECHNOLOGIES. NO ORAL OR WRITTEN INFORMATION OR ADVICE, COSTS INCLUDING, BUT NOT LIMITED TO, SUGGESTIONS, ROUTINES, SCRIPTS OR EXPENSES QUERIES, PROVIDED BY TANIUM SHALL CREATE ANY ADDITIONAL TANIUM WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF ANY KIND ARISING FROM WARRANTIES OR TANIUM’S LIABILITY OR OBLIGATIONS UNDER THIS AGREEMENT. TANIUM HAS NO RESPONSIBILITY OR LIABILITY FOR ANY THIRD-PARTY PRODUCTS OR TECHNOLOGIES USED BY CUSTOMER WHETHER INDEPENDENTLY OR IN CONJUNCTION WITH THE SERVICE OR PREMIUM SERVICES. If applicable law affords Customer implied warranties, OR BLP'S RECEIPTguarantees or conditions despite these exclusions, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. Multex's those warranties will be limited to one (1) year from the Effective Date and its Contributors shall not have any obligation or liability Customer’s remedies will be limited to BLP or any third party relating to, or arising the maximum extent allowed by Sections 7 (iLimited Warranty; Disclaimer; Integrations with Third-Party Software and Services) the supplying, furnishing or the failure to supply or furnish the Reports and 9 (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 Limitation 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 otherwiseLiability), 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 1 contract

Samples: Subscription Agreement

Warranty Disclaimer. BLP MAKES MERCHANT ACKNOWLEDGES THAT MAS HAS PROVIDED NO WARRANTIES, EITHER EXPRESS OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS IMPLIED, WRITTEN OR SERVICES COVERED BY THIS AGREEMENTORAL, INCLUDING INCLUDING, BUT NOT LIMITED TO WARRANTIES TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY SOFTWARE, SYSTEMS, AND EQUIPMENT UTILIZED FOR THIS EQUIPMENT AND MAS EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE FURTHER MERCHANT ACKNOWLEDGES THAT MAS HAS NO LIABILITY WITH RESPECT TO ANY WARRANTIES WHATSOEVERSOFTWARE, EXPRESSED SYSTEMS, OR EQUIPMENT. MAS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, REGARDING THE SERVICES IT PROVIDES HEREUNDER. SHOULD THERE BE ERRORS, OMISSIONS, INTERRUPTIONS OR EQUIPMENT (DELAYS RESULTING FROM MAS’ PERFORMANCE OR FAILURE TO PERFORM OF ANY KIND, MAS’ LIABILITY SHALL BE LIMITED TO CORRECTING SUCH ERRORS IF ANY) PROVIDED HEREUNDER, COMMERCIALLY REASONABLE OR SUPPLYING SUCH OMISSIONS IN THE BLOOMBERG-MULTEX RESEARCH SERVICE OR WORK PRODUCT IN WHICH THEY HAVE OCCURRED. MERCHANT ACKNOWLEDGES AND ASSUMES ALL RISK ASSOCIATED WITH THE REPORTS. ACCEPTANCE OF CARDS AND THE REPORTS AND USE OF THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVERPURSUANT TO THIS AGREEMENT. from this Agreement, including all amounts due Merchant (including any rights 11. Limitation of Liability. NEITHER THE CONTRIBUTORS BPPR NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE MAS SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 LIABLE 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, credits 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 otherwisepayments hereunder), 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 1 contract

Samples: Terms and Conditions

Warranty Disclaimer. BLP MAKES NO EXCEPT AS PROVIDED IN THIS CLAUSE 14, THIS AGREEMENT EXCLUDES, AND NECP HEREBY SPECIFICALLY AND CATEGORICALLY DISCLAIMS, ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED WARRANTIES RELATING IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS IMPLEMENTATION SERVICES, INCLUSIVE TECHNICAL SUPPORT, ADDITIONAL TECHNICAL SUPPORT, CONSULTING, OPERATIONS ACTIVITIES, Processing Services and Digital Banking Technologies, OR SERVICES COVERED ANY COMPONENTS OR PARTS THEREOF, AND/OR ANY OTHER TECHNOLOGY PRODUCT OR SERVICE PROVIDED BY THIS AGREEMENTNECP TO CLIENT HEREUNDER, INCLUDING BUT NOT LIMITED TO TO, WARRANTIES OF MERCHANTABILITY QUALITY, PERFORMANCE, NON-INFRINGEMENT, MARKETABILITY AND/OR FITNESS FOR A ANY PARTICULAR PURPOSEPURPOSE DEFINED OR UNDEFINED. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ARE THERE ANY WARRANTIES WHATSOEVERCREATED BY A COURSE OF DEALING, EXPRESSED COURSE OF PERFORMANCE, OR IMPLIEDUSAGE. NECP DOES NOT WARRANT THAT the Implementation Services, INCLUDING Inclusive Technical Support, Additional Technical Support, Consulting, Operations Activities, Processing Services and Digital Banking Technologies WILL MEET CLIENTS NEEDS, OR BE USABLE WITHOUT LIMITATIONTHE NEED TO OBTAIN LICENSES FROM THIRD PARTIES FOR PROPRIETARY PROCESSES OR Technologies; OR THAT ALL ERRORS CAN BE CORRECTED, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION Provision OF THE Implementation Services, Inclusive Technical Support, Additional Technical Support, Consulting, Operations Activities, Processing Services and Digital Banking Technologies AND OTHER SOFTWARE SHALL or services USED IN CONNECTION THEREWITH WILL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE ERROR-FREE. THE ACCURACY, VALIDITY OR COMPLETENESS FOREGOING EXCEPTIONS ARE AN INTRINSIC AND ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE REPORTSBASIS FOR DETERMINING THE CHARGES. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 CLIENT: _______ NECP: _______ 16 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.27

Appears in 1 contract

Samples: Banking Platform Operating Agreement (AppTech Corp.)

Warranty Disclaimer. BLP EXCEPT FOR ANY WARRANTY THAT MAY BE OFFERED BY RESELLER, THE SOFTWARE, INCLUDING WITHOUT LIMITATION THE THIRD-PARTY CODE (IF ANY), IS PROVIDED “AS IS” AND OST MAKES NO EXPRESS WARRANTIES TO ANY PERSON OR IMPLIED WARRANTIES RELATING ENTITY WITH RESPECT TO THE PRODUCTS SOFTWARE AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE 17. Limitation of Damages and Remedies. IN NO EVENT SHALL OST BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY OR SERVICES COVERED BY THIS AGREEMENTOTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SOFTWARE. NOTWITHSTANDING ANYTHING IN THE END USER AGREEMENT TO THE CONTRARY, THE TOTAL LIABILITY OF OST TO END USER, INCLUDING BUT NOT LIMITED TO WARRANTIES DAMAGES OR LIABILITY ARISING OUT OF MERCHANTABILITY CONTRACT, TORT, BREACH OF WARRANTY, INFRINGEMENT OR FITNESS OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE FEES PAID BY END USER WITH RESPECT TO THE SOFTWARE DURING THE PRECEDING FOUR CALENDAR QUARTERS. OST SHALL NOT BE LIABLE FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVERLOSS OR INACCURACY OF DATA, EXPRESSED COST OF PROCUREMENT OF SUBSTITUTE GOODS OR IMPLIEDSERVICES, INCLUDING WITHOUT LIMITATIONSYSTEM DOWNTIME, ANY WARRANTIES GOODWILL, PROFITS OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYOTHER BUSINESS LOSS, CONCERNING THIS AGREEMENTREGARDLESS OF LEGAL THEORY, THE SERVICES OR EQUIPMENT (EVEN IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OST HAS BEEN ADVISED OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS POSSIBILITY OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER SUCH DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 1 contract

Samples: d7umqicpi7263.cloudfront.net

Warranty Disclaimer. BLP MAKES WE CANNOT FORESEE OR ANTICIPATE ALL TECHNICAL OR OTHER DIFFICULTIES RELATED TO THE APPLICATION OR SERVICES. THESE DIFFICULTIES MAY RESULT IN LOSS OF DATA, PERSONALIZATION SETTINGS OR OTHER APPLICATION INTERRUPTIONS. WE ASSUME NO RESPONSIBILITY FOR ANY DISCLOSURE OF ACCOUNT INFORMATION TO NON−PARTIES, THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS IN CONNECTION WITH YOUR USE OF THE APPLICATION. WE ASSUME NO RESPONSIBILITY FOR THE OPERATION, SECURITY, FUNCTIONALITY OR AVAILABILITY OF ANY COMPUTING DEVICE OR NETWORK WHICH YOU UTILIZE TO ACCESS THE APPLICATION OR USE SERVICE. YOU AGREE TO EXERCISE CAUTION WHEN UTILIZING THE APPLICATION ON YOUR COMPUTING DEVICE AND TO USE GOOD JUDGMENT AND DISCRETION WHEN OBTAINING OR TRANSMITTING INFORMATION. THE SERVICES AND APPLICATION PROVIDED HEREUNDER IS PROVIDED “AS IS,” WITH ALL WARRANTIES DISCLAIMED, INCLUDING, ALL EXPRESS OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTWARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF. NEITHER THERE IS NO REPRESENTATIONS OR WARRANTIES THAT THE CONTRIBUTOR NOR MULTEX MAKE SOFTWARE IS FREE OF RIGHTFUL CLAIMS OF ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS THIRD PARTY FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTSAND LICENSED APPLICATION SHALL BE BORNE SOLELY BY YOU. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH THERE IS NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION SERVICES AND APPLICATION WILL MEET YOUR REQUIREMENTS, THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR THAT ANY DEFECTS IN THE SERVICES AND APPLICATION WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SOFTWARE SHALL SERVICE AND APPLICATION ARE AT YOUR SOLE RISK AND DISCRETION AND WE WILL NOT BE UNINTERRUPTED LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO FOLLOW PROPER BACKUP PROCEDURES TO PROTECT AGAINST LOSS OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS RESULTING FROM USE OF THE REPORTSSERVICES AND LICENSED APPLICATION. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO RECEIVE, THE REPORTS. 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 practicableYOU.

Appears in 1 contract

Samples: License Agreement

Warranty Disclaimer. BLP MAKES NO THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTIMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZIFT OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, ZIFT, ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS AND THE BANK (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZIFT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ZIFT WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. All third party hardware and other products included or sold with the Service are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer or distributor directly. ZIFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 1 contract

Samples: Zift, LLC

Warranty Disclaimer. BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING 1. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE PRODUCTS OR SERVICES COVERED FULLEST EXTENT PERMITTED BY THIS AGREEMENTLAW, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVERGOEDUCATE, EXPRESSED ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. GOEDUCATE MAKES NO WARRANTIES OR FITNESS 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 PARTICULAR PURPOSE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR MERCHANTABILITYOTHERWISE MADE AVAILABLE VIA THE SERVICES. GOEDUCATE DOES NOT WARRANT, CONCERNING THIS AGREEMENTENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE ANY HYPERLINKED SERVICES OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES FEATURED IN ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, BANNER OR OTHER DAMAGESADVERTISING, COSTS AND GOEDUCATE WILL NOT BE A PARTY TO OR EXPENSES 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 KIND ARISING FROM THIS AGREEMENTMEDIUM OR IN ANY ENVIRONMENT, OR BLP'S RECEIPT, YOU SHOULD USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableYOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Appears in 1 contract

Samples: material.gohubbs.com

Warranty Disclaimer. BLP ABB takes reasonable measures to incorporate accurate and reliable data in the ABB Services; however, ABB uses publicly available sources to collect the data and information incorporated into the ABB Services and cannot verify the accuracy, completeness or timeliness of any such data or information. Accordingly, except as specifically set forth in this Agreement, THE ABB SERVICES, AND ALL DATA AND RESULTS DERIVED THEREFROM, ARE PROVIDED TO SUBSCRIBER STRICTLY “AS IS,” AND ABB MAKES NO EXPRESS REPRESENTATIONS 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 CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVERKIND, EXPRESSED EITHER EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO THE ABB SERVICES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENTNONINFRINGEMENT, THE CONTENT OF INFORMATION TRANSMITTED BY YOU THROUGH THE ABB SERVICES OR EQUIPMENT ANY LOSS, DELAY, INTERRUPTION, OR INACCURACY OF SUCH COMMUNICATIONS, LOSS OR INTERRUPTION OF DATA, RECORDINGS, COMPUTER TIME OR VOICE TRANSMISSIONS; ALTERATION OR ERRONEOUS TRANSMISSION OF DATA; ACCURACY OF DATA; INABILITY TO USE THE ABB SERVICES TO CONTACT EMERGENCY SERVICES; UNAUTHORIZED ACCESS TO OR USE OF VOICE OR DATA PROCESSED OR TRANSMITTED BY, TO OR THROUGH THE ABB SERVICE; OR PROGRAM ERRORS), AND ABB EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES. ABB DOES NOT WARRANT THAT: (IF ANYa) THE SERVICES WILL OPERATE UNINTERRUPTED; (b) ALL ERRORS CAN BE CORRECTED; (c) THE ABB SERVICES ARE DESIGNED TO MEET ANY OF SUBSCRIBER’S BUSINESS REQUIREMENTS; OR (d) THE INFORMATION OR DATA PROVIDED HEREUNDERIS ACCURATE OR ERROR-FREE. SUBSCRIBER ACKNOWLEDGES THAT IT HAS ASSESSED FOR ITSELF THE SUITABILITY OF THE SERVICES FOR ITS REQUIREMENTS. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT FOR ABB SERVICES COMPRISED OF DATA, THE BLOOMBERG-MULTEX RESEARCH SERVICE INFORMATION, ANALYSES, OR THE REPORTS. THE REPORTS MODELS, ABB OBTAINS ITS DATA FROM THIRD PARTY SOURCES, AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER DATA MAY NOT BE COMPLETELY THOROUGH AND ACCURATE, AND SUBSCRIBER SHALL NOT RELY ON ABB FOR THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY ACCURACY OR COMPLETENESS OF THE REPORTSINFORMATION SUPPLIED THROUGH SUCH SERVICES. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableSUBSCRIBER ACCEPTS ALL SUCH INFORMATION ON AN “AS IS” “AS AVAILABLE” BASIS.

Appears in 1 contract

Samples: Renewable Insights Saas Access Terms

Warranty Disclaimer. BLP BY INSTALLING, COPYING OR OTHERWISE USING LIGHTING ANALYSTS’ PRODUCTS, ALL USERS AGREES TO TAKE AND USE LIGHTING ANALYSTS’ PRODUCTS “AS IS”. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 7.1 (LIMITED WARRANTY) HEREOF, LIGHTING ANALYSTS MAKES AND ALL USERS RECEIVES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SOFTWARE, THE MATERIALS, THE PAYMENT SERVICES, IF ANY, THE MAINTENANCE, THE SUPPORT, AND/OR ANY SERVICES PROVIDED BY LIGHTING ANALYSTS. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE PAYMENT SERVICES, THE LICENSED SOFTWARE, THE SOFTWARE, AND THEIR FUNCTIONALITY IN THE MATERIALS OR ANY COMMUNICATION WITH ALL USERS CONSTITUTES DESCRIPTIVE INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, LIGHTING ANALYSTS SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTOF MERCHANTABILITY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. NEITHER WITHOUT LIMITING THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVERFOREGOING, EXPRESSED LIGHTING ANALYSTS DOES NOT WARRANT THAT THE OPERATION OR IMPLIEDOUTPUT OF THE SOFTWARE WILL BE ACCURATE, INCLUDING WITHOUT LIMITATIONERROR-FREE, ANY WARRANTIES RELIABLE, COMPLETE OR FITNESS FOR A PARTICULAR PURPOSE UNINTERRUPTED. LIGHTING ANALYSTS DOES NOT WARRANT THAT THE SOFTWARE, MATERIALS, PAYMENT SERVICES, OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL WILL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACYFROM BUGS, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FORVIRUSES, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVEERRORS, OR OTHER DAMAGESLIMITATIONS. Some states do not allow the exclusion of implied warranties, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENTtherefore the above exclusions may not apply to All Users, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. Multex's and its Contributors shall not have in which case any obligation or liability implied warranties are limited in duration to BLP or any third party relating to, or arising thirty (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 (1030) days prior notice (or such shorter notice if the Contributor so directs) (i) if the Contributor from date 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 practicablepurchase.

Appears in 1 contract

Samples: Terms of Use Agreement

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Warranty Disclaimer. BLP MAKES PAI AND ITS’ BANK SPONSOR, PROCESSORS AND NETWORKS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED WARRANTIES RELATING IMPLIED, WITH REGARD TO THE SERVICES, THE DELIVERY SYSTEM OR RELATED COMPONENTS OR ANY OTHER PRODUCTS OR SERVICES COVERED BY PROVIDED TO ATM OWNER UNDER THIS AGREEMENT, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER NO AGENT, EMPLOYEE, DISTRIBUTOR, REPRESENTATIVE OR DEALER OF PAI, ITS’ BANK SPONSOR, PROCESSOR OR NETWORK SHALL BE AUTHORIZED TO ENLARGE OR MODIFY SUCH WARRANTY. THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVERSTATED LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF PAI, EXPRESSED PROCESSOR AND NETWORK FOR DAMAGES ARISING OUT OF OR IMPLIEDIN CONNECTION WITH THE DELIVERY, INCLUDING WITHOUT LIMITATIONUSE, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, PERFORMANCE OF THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTSSYSTEM. THE REPORTS COMPANY UNDERSTANDS AND AGREES THAT IT IS SOLELY RESPONSIBLE FOR THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION DEPLOYMENT OF THE SOFTWARE ATM AND ASSOCIATED ATM EQUIPMENT AND MEETING ALL CURRENT NETWORK, GOVERNMENTAL AND REGULATORY STANDARDS TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL PAI, ITS BANK SPONSOR, PROCESSOR OR NETWORK BE UNINTERRUPTED LIABLE, WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR ERROR FREE NOR GUARANTEE THE ACCURACYOTHERWISE, VALIDITY FOR ANY LOST PROFITS, LOSS OF BUSINESS, REVENUES OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FORFOR OTHER SPECIAL DAMAGES SUFFERED BY ATM OWNER, ITS CUSTOMERS OR OTHERS, INCIDENTAL, INDIRECT, COMPENSATORYOR CONSEQUENTIAL DAMAGES ARISING OUT OF ATM OWNER’S INABILITY TO USE THE SERVICES SYSTEM OR LOSS OF DATA, CONSEQUENTIALEVEN IF THE BANK SPONSOR, SPECIALNETWORK, LOST PROFITSPROCESSOR, PUNITIVEPAI, OR OTHER THEIR AUTHORIZED AGENTS, EMPLOYEES, DISTRIBUTORS OR DEALERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY AGREES THAT PAI IS NOT RESPONSIBLE FOR ANY NETWORK OR PROCESSING SWITCH PROBLEMS OR DOWNTIME. THE CUMULATIVE LIABILITY OF PAI, COSTS IT’S BANK SPONSOR, PROCESSOR AND NETWORK UNDER OR EXPENSES RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEE INCOME EARNED BY ATM OWNER IN THE PREVIOUS TWELVE (12) MONTHS. ATM OWNER AGREES THAT PAI IS NOT RESPONSIBLE FOR ANY KIND ARISING FROM THIS AGREEMENT, NETWORK OR BLP'S RECEIPT, USE OF, PROCESSING SWITCH PROBLEMS OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableDOWNTIME.

Appears in 1 contract

Samples: Atm Processing Agreement

Warranty Disclaimer. BLP MAKES EXCEPT FOR THE WARRANTIES EXPRESSLY INCLUDED IN THIS SECTION 8, SISENSE AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED WARRANTIES IMPLIED, RELATING TO THE PRODUCTS PRODUCT AND/OR ANY PROFESSIONAL SERVICES COVERED BY THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO OR SUPPORT SERVICES. XXXXXXX DISCLAIMS AND EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. SISENSE DOES NOT WARRANT THAT CUSTOMER’S (OR MERCHANTABILITYITS END CUSTOMERS’, CONCERNING THIS AGREEMENT, IF APPLICABLE) USE OF THE SERVICES PRODUCTS WILL BE UNINTERRUPTED OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE PRODUCTS WILL BE ERROR-FREE OR SECURE OR THAT IT WILL BE COMPATIBLE WITH ALL OF CUSTOMER’S (OR ITS END CUSTOMERS’, IF APPLICABLE) EQUIPMENT OR SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVECONFIGURATIONS, OR OTHER DAMAGESTHAT THE PRODUCT IS DESIGNED TO MEET ALL OF CUSTOMER’S (OR ITS END CUSTOMERS, COSTS IF APPLICABLE) BUSINESS REQUIREMENTS. SISENSE WILL NOT BE LIABLE FOR ANY LIABILITY, COST OR EXPENSES OF ANY KIND CLAIM ARISING DIRECTLY FROM THIS AGREEMENTCUSTOMER’S FAILURE TO UPDATE THE PRODUCT TO THE LATEST VERSION MADE AVAILABLE BY SISENSE. NO SISENSE DEALER, DISTRIBUTOR, RESELLER, AGENT, OR BLP'S RECEIPTEMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, USE OFEXTENSIONS, OR DELAY IN RECEIVING ADDITIONS TO THIS WARRANTY AND ANY OTHER SUCH TERMS OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableREPRESENTATIONS OR WARRANTIES SHALL NOT BE BINDING ON SISENSE.

Appears in 1 contract

Samples: Master Subscription Agreement

Warranty Disclaimer. BLP MAKES NO EXPRESS EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15 OR IMPLIED WARRANTIES RELATING TO IN THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTSLA, INCLUDING BUT NOT LIMITED TO CLIENT UNDERSTANDS AND AGREES THAT THE QUIVERS SERVICES, QUIVERS SOLUTION AND QUIVERS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED THEREON, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIVERS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVERKIND, EXPRESSED EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONLIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYNON-INFRINGEMENT. ​ XXXXXXX MAKES NO WARRANTY OR REPRESENTATION REGARDING QUIVERS' SERVICES, CONCERNING THIS AGREEMENTANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH QUIVERS SERVICES, OR THAT QUIVERS SERVICES WILL MEET ANY OF CLIENT’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE QUIVERS SITE OR THE REPORTSQUIVERS SERVICE APPLICATIONS AT ALL TIMES. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH CLIENT’S ABILITY TO ACCESS OR USE THE REPORTS QUIVERS SITE OR QUIVERS SERVICE APPLICATIONS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF QUIVERS, THAT ARE INCONSISTENT HEREWITH WILL HAVE NO EFFECT AND WILL NOT BE BINDING UPON QUIVERS ITS SUPPLIERS OR PARTICIPATING BRANDS. USE OF QUIVERS SERVICES IS AT CLIENT’S SOLE RISK. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT RESULTING FROM THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH USE OF QUIVERS SERVICES. QUIVERS PROVIDES NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION COUNSEL OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACYADVICE REGARDING LEGAL, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FORTAX, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVEREGULATORY, OR OTHER DAMAGESREQUIREMENTS, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENTINCLUDING WITHOUT LIMITATION ON THE PROVISION, OPERATION, OR BLP'S RECEIPTUSE OF GIFT CARDS, USE OFTHE MANNER OF ACCEPTING CREDIT CARD, DEBIT CARD, OR DELAY IN RECEIVING ANY OTHER FORMS OF PAYMENT ONLINE, CURRENCY RULES AND REGULATIONS, OR FAILURE TO RECEIVEPRIVACY OR SECURITY REQUIREMENTS REGARDING INFORMATION PROVIDED BY OR COLLECTED FROM ONLINE CUSTOMERS. COMPLIANCE WITH ANY SUCH LEGAL, REGULATORY, OR OTHER REQUIREMENTS BY CLIENT IS STRICTLY CLIENT’S RESPONSIBILITY. XXXXXXX MAKES NO REPRESENTATIONS THAT THE REPORTSMATERIALS CONTAINED WITHIN THE QUIVERS SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES. Multex's and its Contributors shall not have any obligation or liability to BLP or any third party relating toIF CLIENT USES THE QUIVERS SITE FROM LOCATIONS OUTSIDE THE UNITED STATES, or arising (i) the supplyingCLIENT IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS OF THE JURISDICTION FROM WHICH CLIENT ACCESS IT, 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 ServicesINCLUDING WITHOUT LIMITATION THE EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. 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 1 contract

Samples: Quivers Master Services Agreement

Warranty Disclaimer. BLP MAKES NO EXPRESS THE PACKAGE AND DOCUMENTATION ARE LICENSED “AS IS,” AND CROSSFLOW DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTOF MERCHANTABILITY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, TITLE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE FULLEST EXTENT AUTHORIZED BY LAW. NEITHER WITHOUT LIMITING THE CONTRIBUTOR NOR MULTEX MAKE GENERALITY OF THE FOREGOING, CROSSFLOW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY WARRANTIES WHATSOEVERKIND FOR THE THIRD PARTY SOFTWARE, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY DOES NOT WARRANT THAT THE PACKAGE WILL MEET END USER’S REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE SHALL PACKAGE WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE NOR GUARANTEE FREE, THAT DEFECTS OR ERRORS IN THE ACCURACYPACKAGE WILL BE CORRECTED OR THAT THE PACKAGE WILL BE COMPATIBLE WITH FUTURE CROSSFLOW’ PRODUCTS, VALIDITY OR COMPLETENESS THAT ANY INFORMATION OR DATA STORED OR TRANSMITTED THROUGH THE PACKAGE WILL NOT BE LOST, CORRUPTED OR DESTROYED. END USER ASSUME RESPONSIBILITY FOR SELECTING THE PACKAGE TO ACHIEVE END USER INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM END USER’S USE OF THE REPORTSPACKAGE. MULTEX YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES PERFORMANCE OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicablePACKAGE.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimer. BLP EXCEPT AS EXPRESSLY SET FORTH IN THIS PATENT LICENSE AGREEMENT OR IN THE SETTLEMENT AGREEMENT, NEITHER PARTY NOR THEIR AFFILIATES MAKES NO ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTOF MERCHANTABILITY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, INCLUDING (1) FOR THE PURDUE COMPANIES, WITH RESPECT TO THE PURDUE PATENTS OR ANY LICENSE GRANTED BY ANY OF THE PURDUE COMPANIES HEREUNDER, OR (2) ANY MATERIALS OR INFORMATION PROVIDED BY SUCH PARTY OR ANY OF ITS AFFILIATES UNDER THIS PATENT LICENSE AGREEMENT OR THE SETTLEMENT AGREEMENT, OR (3) WITH RESPECT TO ANY PRODUCTS OR SERVICES OF EITHER PARTY HERETO OR THEIR AFFILIATES. NEITHER FURTHERMORE, UNLESS EXPRESSLY STATED IN THIS PATENT LICENSE AGREEMENT OR IN THE CONTRIBUTOR NOR MULTEX MAKE 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 WARRANTIES WHATSOEVERPATENT, EXPRESSED 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, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES TO KV IN RELATION TO THE SAFETY OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THERAPEUTIC EFFECTIVENESS OF THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE KV PRODUCTS OR THE REPORTSVALIDITY OR ENFORCEABILITY OF ANY INTELLECTUAL PROPERTY RIGHTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES FURTHER, KV WILL NOT GIVE ANY REPRESENTATION SUCH GUARANTEE OR WARRANTY THAT THE OPERATION TO ANY THIRD PARTIES ON BEHALF OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicablePURDUE COMPANIES.

Appears in 1 contract

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

Warranty Disclaimer. BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET OUT IN SECTION 13(A), THE SERVICES, THE SOFTWARE, THE SOFTWARE SERVICES, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS OR SERVICES COVERED PROVIDED UNDER THIS AGREEMENT ARE PROVIDED TO CUSTOMER “AS IS” AND THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, ARISING BY THIS AGREEMENTSTATUTE, INCLUDING OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. CASTLE, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING THE SOFTWARE, THE SOFTWARE SERVICES, THE SERVICES, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS, SERVICES AND MATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO TO, WARRANTIES OF MERCHANTABILITY OR MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED CASTLE DOES NOT REPRESENT OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, WARRANT THAT THE SERVICES OR EQUIPMENT THE SOFTWARE SERVICES SHALL OPERATE ERROR FREE OR UNINTERRUPTED, SHALL MEET ANY OR ALL OF CUSTOMER’S PARTICULAR REQUIREMENTS, THAT ALL ERRORS OR DEFECTS IN THE SERVICES OR SOFTWARE SERVICES CAN BE FOUND OR CORRECTED. WITHOUT LIMITING THE FOREGOING, CASTLE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH REGARD TO PRODUCTS OR SERVICES FROM THIRD PARTIES (IF ANY) PROVIDED HEREUNDERINCLUDING WITHOUT LIMITATION THE THIRD PARTY COMPONENTS, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT HARDWARE, THE OPERATION OF THE SOFTWARE INTERNET, NETWORK OR OTHER COMMUNICATION SERVICES) AND ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE FOREGOING OR THE APPROPRIATENESS OF YOUR DATA MANAGEMENT SYSTEM OR THE ACCURACY OF DATA CONTAINED IN SUCH SYSTEM. NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS BINDING ON EITHER PARTY UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED SIGNING OFFICER OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableCASTLE.

Appears in 1 contract

Samples: cl.castlelearning.com

Warranty Disclaimer. BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, CM MAKES NO WARRANTY, (EXPRESS, IMPLIED OR STATUTORY) AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVERALL SERVICES PROVIDED BY CM ARE PERFORMED AND PROVIDED ON AN “AS-IS”, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. CM DOES NOT WARRANT THAT THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE ITS WORK PRODUCT WILL MEET CUSTOMER’S REQUIREMENTS OR THE REPORTS. THE REPORTS AND THAT THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVERWILL BE UNINTERRUPTED, ERROR-FREE, OR WITHOUT DELAY. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY CUSTOMER ACKNOWLEDGES THAT THE OPERATION FUNCTIONALITY AND INTERFACES OF THE SOFTWARE SHALL BE UNINTERRUPTED SERVICES MAY CHANGE OVER TIME. TO THE EXTENT ANY OF THE SERVICES ENABLE CUSTOMER TO ACCESS ANY CRYPTOCURRENCY DATA SETS OF EITHER CRYPTOCURRENCY NETWORK OR ERROR FREE NOR GUARANTEE MARKET DATA (“SERVICE DATA”) AND/OR ANY CORRELATIONS AND OTHER DERIVED ANALYTICS OF THE ACCURACYVARIOUS DATA THAT CM OR ITS LICENSORS HAVE GENERATED (“SERVICE ANALYSIS”), VALIDITY THEN CUSTOMER: (I) ACKNOWLEDGES AND AGREES THAT CM IS NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY OR COMPLETENESS OF ANY SERVICE DATA OR SERVICE ANALYSIS, AND (II) SHALL BE RESPONSIBLE AND LIABLE FOR ITS USE OF THE REPORTSSERVICE DATA AND/OR SERVICE ANALYSIS. MULTEX CM PROVIDES ACCESS TO CERTAIN DATA THROUGH ITS SERVICES TO THE EXTENT IT IS PROVIDED BY ITS SOURCES (“THIRD PARTY DATA”). CM DOES NOT MAINTAIN OR CONTROL SUCH THIRD-PARTY DATA PROVIDERS AND ACCORDINGLY IS NOT RESPONSIBLE FOR THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FORAVAILABILITY, INDIRECTCOMPLETENESS, COMPENSATORYTIMELINESS, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVEFACTUAL ACCURACY, OR OTHER DAMAGESNON-INFRINGEMENT OF SUCH THIRD PARTY DATA, COSTS WHICH IS PROVIDED “AS IS” AND “AS AVAILABLE.” CUSTOMER UNDERSTANDS THAT CM AND/OR EXPENSES OF THIRD-PARTY DATA PROVIDERS TO THE SERVICES MAY CHOOSE AT ANY KIND ARISING TIME TO INHIBIT OR PROHIBIT THEIR DATA FROM BEING ACCESSED UNDER THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 1 contract

Samples: Master Services Agreement (Osprey Bitcoin Trust)

Warranty Disclaimer. BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET OUT IN SETION 13(A), THE HOSTING SERVICES, THE SOFTWARE, AND ANY OTHER PRODUCTS OR SERVICES COVERED PROVIDED UNDER THIS AGREEMENT OR IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED TO CUSTOMER “AS IS” AND THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, ARISING BY THIS AGREEMENTSTATUTE, INCLUDING OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. CITYVIEW, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING THE SOFTWARE, THE HOSTING SERVICES, AND ANY OTHER PRODUCTS, SERVICES AND MATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO TO, WARRANTIES OF MERCHANTABILITY OR MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NEITHER CITYVIEW DOES NOT REPRESENT OR WARRANT THAT THE CONTRIBUTOR NOR MULTEX HOSTING SERVICES OR THE SOFTWARE SHALL OPERATE ERROR FREE OR UNINTERRUPTED, SHALL MEET ANY OR ALL OF CUSTOMER’S PARTICULAR REQUIREMENTS, THAT ALL ERRORS OR DEFECTS IN THE HOSTING SERVICES OR SOFTWARE CAN BE FOUND OR CORRECTED. WITHOUT LIMITING THE FOREGOING, CITYVIEW DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESSED WHATSOEVER WITH REGARD TO PRODUCTS OR IMPLIED, SERVICES FROM THIRD PARTIES (INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENTLIMITATION THE THIRD PARTY COMPONENTS, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDERHARDWARE, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE INTERNET, NETWORK OR OTHER COMMUNICATION SERVICES) AND ASSUME NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE FOREGOING OR THE APPROPRIATENESS OF YOUR DATA MANAGEMENT SYSTEM OR THE ACCURACY OF DATA CONTAINED IN SUCH SYSTEM. NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS BINDING ON EITHER PARTY UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED SIGNING OFFICER OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableCITYVIEW.

Appears in 1 contract

Samples: Hosting Service Agreement

Warranty Disclaimer. BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING TO EXCEPT FOR THE PRODUCTS OR LIMITED WARRANTY IN SECTION 7.1, THE LEARNING SERVICES COVERED BY THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEAND LEARNING SERVICES PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER THE CONTRIBUTOR POSIT NOR MULTEX ITS SUPPLIERS MAKE ANY WARRANTIES WHATSOEVEROTHER WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONSTATUTORY OR OTHERWISE, ANY AND EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OR OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. POSIT DOES NOT WARRANT THAT CUSTOMER’S USE OF THE LEARNING SERVICES OR MERCHANTABILITYLEARNING SERVICES PLATFORM WILL BE SECURE, CONCERNING THIS AGREEMENTUNINTERRUPTED OR ERROR-FREE, NOR DOES POSIT WARRANT THAT THE RESULTS FROM USE OF THE LEARNING SERVICES OR LEARNING SERVICES PLATFORM WILL MEET CUSTOMER’S OR ITS USERS’ EXPECTATIONS OR WILL BE ACCURATE OR RELIABLE. POSIT DOES NOT WARRANT THAT POSIT WILL REVIEW THE CUSTOMER DATA SUBMITTED TO THE POSIT PLATFORM FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN THE CUSTOMER DATA WITHOUT LOSS OR CORRUPTION. POSIT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, THIRD PARTY SERVICES OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF POSIT. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POSIT’S LIABILITY UNDER ANY IMPLIED OR STATUTORY WARRANTY, CONDITION, TERM, REPRESENTATION, UNDERTAKING OR GUARANTY WHICH CANNOT BE LEGALLY EXCLUDED IS LIMITED IN RESPECT OF THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDERTO SUPPLYING THE LEARNING SERVICES AGAIN. No Posit reseller, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTSagent, or employee is authorized to make any modification, extension, or addition to this warranty. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACYIf any term is held to be illegal or unenforceable, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. Multex's and its Contributors the legality or enforceability of the remaining terms shall not have any obligation be affected 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 practicableimpaired.

Appears in 1 contract

Samples: Learning Services Agreement

Warranty Disclaimer. BLP MAKES NO THE LICENSED PRODUCT AND THE TAL DATA ARE PROVIDED “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTINCLUDING, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AS TO ACCURACY, FUNCTIONALITY, PERFORMANCE OR MERCHANTABILITY. TAL AND THE SOURCES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR MERCHANTABILITYCOURSE OF PERFORMANCE. TAL AND THE SOURCES MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, COMPLETENESS, SEQUENCE, TIMELINESS OR AVAILABILITY OF THE LICENSED PRODUCT, THE TAL DATA OR ANY OTHER INFORMATION OR THE LIKELIHOOD OF PROFITABLE TRADING USING THE LICENSED PRODUCT OR TAL DATA. SUBSCRIBER ACCEPTS FULL RESPONSIBILITY FOR ANY INVESTMENT DECISIONS OR STOCK TRANSACTIONS MADE BY SUBSCRIBER AND/OR ITS AUTHORIZED USERS USING THE LICENSED PRODUCT OR TAL DATA. NO SALES PERSONNEL, EMPLOYEES, AGENTS OR REPRESENTATIVES OF TAL OR ANY THIRD PARTY ARE AUTHORIZED TO MAKE ANY REPRESENTATION, WARRANTY OR COVENANT ON BEHALF OF TAL. ACCORDINGLY, ADDITIONAL ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES AND SHOULD NOT BE RELIED UPON AND ARE NOT PART OF THIS AGREEMENT. NEITHER TAL NOR ANY OF ITS AFFILIATES OR THE SOURCES INCLUDING, WITHOUT LIMITATION, THE SERVICES EXCHANGES, REPRESENT OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, WARRANT THAT THE BLOOMBERG-MULTEX RESEARCH SERVICE LICENSED PRODUCT OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL TAL DATA WILL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS ERROR-FREE. SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE REPORTS. MULTEX LICENSED PRODUCT, THE TAL DATA OR ANY OTHER INFORMATION IS AT SUBSCRIBER’S SOLE RISK AND THAT TAL AND THE CONTRIBUTORS HEREBY DISCLAIM SOURCES SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY FORINTERRUPTION OF SERVICES, INDIRECTDELAYS OR ERRORS CAUSED BY ANY TRANSMISSION OR DELIVERY OF THE LICENSED PRODUCT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, TAL DATA OR ANY OTHER DAMAGES, COSTS INFORMATION OR EXPENSES CAUSED BY ANY COMMUNICATIONS SERVICE PROVIDERS. THIS SECTION SHALL SURVIVE TERMINATION OR EXPIRATION AND NON-RENEWAL OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 1 contract

Samples: License and Distribution Agreement (Archipelago Holdings L L C)

Warranty Disclaimer. BLP THE LICENSED INTELLECTUAL PROPERTY IS LICENSED TO LICENSEE "AS IS." LICENSOR MAKES NO REPRESENTATION OR WARRANTY REGARDING ITS RIGHT, TITLE, AUTHORITY AND/OR CAPACITY TO GRANT THE RIGHTS TO LICENSEE PROVIDED FOR HEREIN NOR REGARDING ANY PENDING OR THREATENED, PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT OR OTHER CLAIMS OF ANY KIND WITH RESPECT TO THE LICENSED INTELLECTUAL PROPERTY. WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY OR GUARANTEE THAT THE LICENSED INTELLECTUAL PROPERTY WILL NOT IN THE FUTURE BE INVOLVED IN ANY INTERFERENCE, REISSUE, REEXAMINATION OR OPPOSITION PROCEEDING; DOES NOT NOW INTERFERE OR WILL NOT IN THE FUTURE INTERFERE WITH A PATENT OR PATENT APPLICATION OF ANY THIRD PARTY; OR IS NOT NOW, OR WILL NOT IN THE FUTURE BE, INFRINGED, CHALLENGED OR THREATENED. LICENSOR HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTCONDITIONS OF MERCHANTABILITY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND IMPLIED WARRANTIES ARISING FROM THIS AGREEMENTCOURSE OF PERFORMANCE, COURSE OF DEALING OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableUSAGE OF TRADE.

Appears in 1 contract

Samples: Exclusive License Agreement (Pro Dex Inc)

Warranty Disclaimer. BLP THIS SECTION 5 IS A LIMITED WARRANTY AND, EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 5, THE PRODUCTS AND SUPPORT ARE PROVIDED “AS IS”. CLOUDBEES DOES NOT WARRANT THAT THE PRODUCTS AND SUPPORT FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT WILL OPERATE UNINTERRUPTED OR THAT THEY WILL BE FREE FROM DEFECTS OR THAT THE PRODUCTS ARE DESIGNED TO MEET CUSTOMER’S BUSINESS REQUIREMENTS. NEITHER CLOUDBEES NOR ITS SUPPLIERS MAKES NO ANY OTHER WARRANTIES, EXPRESS OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS IMPLIED, STATUTORY OR SERVICES COVERED BY THIS AGREEMENTOTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE CONTRIBUTOR NOR MULTEX MAKE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE LIMITED WARRANTY PERIOD. CUSTOMER ACKNOWLEDGES THAT THE PRODUCTS ARE NOT INTENDED FOR USE IN CONNECTION WITH ANY WARRANTIES WHATSOEVERHIGH RISK OR STRICT LIABILITY ACTIVITY (INCLUDING, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, AIR OR SPACE TRAVEL, POWER PLANT OPERATION, OR LIFE SUPPORT OR EMERGENCY MEDICAL OPERATIONS) AND THAT CLOUDBEES MAKES NO WARRANTY AND SHALL HAVE NO LIABILITY IN CONNECTION WITH ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION USE OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY PRODUCTS IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableSUCH SITUATIONS.

Appears in 1 contract

Samples: License and Services Agreement Addendum

Warranty Disclaimer. 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 CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH AND "AS AVAILABLE" AND EXCEPT TO THE EXTENT THAT WARRANTIES ARE EXPRESSLY GRANTED WITHIN THIS AGREEMENT, NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES WHATSOEVEROF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF ARE GRANTED TO OUR CUSTOMERS OR ANY THIRD PARTIES. NEITHER WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE CONTRIBUTORS NOR MULTEX MAKES SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY REPRESENTATION OR THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. WE MAKE NO WARRANTY THAT THE OPERATION SERVICES WILL MEET OUR CUSTOMER'S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. IT IS FURTHER AGREED AND UNDERSTOOD THAT WE DO NOT WARRANT THE ACCURACY OR RELIABILITY OF THE SOFTWARE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES AND IT IS HEREBY ACKNOWLEDGED BY OUR CUSTOMERS THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE TO BE USED AT HIS / HER SOLE RISK AND THAT THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES AND THE RESULTS AND INFORMATION DERIVED THEREFROM SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE BORNE SOLELY BY THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableCUSTOMER.

Appears in 1 contract

Samples: Terms of Service

Warranty Disclaimer. BLP MAKES NO EXPRESS THE SERVICE, SOFTWARE AND ALL DOCUMENTATION PROVIDED BY CISCO HEREUNDER ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” AND CISCO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, ANY WARRANTIES OF MERCHANTABILITY OPERABILITY, CONDITION, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTSABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE BY CISCO ON THE REPORTS AND BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. CISCO DOES NOT WARRANT THAT THE SERVICES SERVICE, SOFTWARE OR THE DOCUMENTATION PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION UNDER THIS AGREEMENT WILL MEET YOUR REQUIREMENTS OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL THEREOF WILL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVEERROR-FREE, OR OTHER DAMAGESTHAT ALL ERRORS WILL BE CORRECTED. CISCO DOES NOT GUARANTEE THAT THE SERVICE WILL GUARANTEE SECURITY DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING FILES, COSTS NETWORKS AND ENDPOINTS. CISCO DOES NOT WARRANT THAT THE SERVICE WILL PROTECT YOUR FILES, NETWORK OR EXPENSES OF ANY KIND ARISING ENDPOINTS FROM ALL MALWARE, VIRUSES OR THIRD PARTY MALICIOUS ATTACKS. YOU ACKNOWLEDGE THAT CISCO’S OBLIGATIONS UNDER THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableAGREEMENT ARE FOR YOUR BENEFIT ONLY.

Appears in 1 contract

Samples: www.cisco.com

Warranty Disclaimer. BLP MAKES PAI AND ITS’ BANK SPONSOR, PROCESSORS AND NETWORKS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED WARRANTIES RELATING IMPLIED, WITH REGARD TO THE SERVICES, THE DELIVERY SYSTEM OR RELATED COMPONENTS OR ANY OTHER PRODUCTS OR SERVICES COVERED BY PROVIDED TO ATM OWNER UNDER THIS AGREEMENT, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER NO AGENT, EMPLOYEE, DISTRIBUTOR, REPRESENTATIVE OR DEALER OF PAI, ITS’ BANK SPONSOR, PROCESSOR OR NETWORK SHALL BE AUTHORIZED TO ENLARGE OR MODIFY SUCH WARRANTY. THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVERSTATED LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF PAI, EXPRESSED PROCESSOR AND NETWORK FOR DAMAGES ARISING OUT OF OR IMPLIEDIN CONNECTION WITH THE DELIVERY, INCLUDING WITHOUT LIMITATIONUSE, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, PERFORMANCE OF THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTSSYSTEM. THE REPORTS COMPANY UNDERSTANDS AND AGREES THAT IT IS SOLELY RESPONSIBLE FOR THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION DEPLOYMENT OF THE SOFTWARE ATM AND ASSOCIATED ATM EQUIPMENT AND MEETING ALL CURRENT NETWORK, GOVERNMENTAL AND REGULATORY STANDARDS TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL PAI, ITS BANK SPONSOR, PROCESSOR OR NETWORK BE UNINTERRUPTED LIABLE, WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR ERROR FREE NOR GUARANTEE THE ACCURACYOTHERWISE, VALIDITY FOR ANY LOST PROFITS, LOSS OF BUSINESS, REVENUES OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FORFOR OTHER SPECIAL DAMAGES SUFFERED BY ATM OWNER, ITS CUSTOMERS OR OTHERS, INCIDENTAL, INDIRECT, COMPENSATORYOR CONSEQUENTIAL DAMAGES ARISING OUT OF ATM OWNER’S INABILITY TO USE THE SERVICES SYSTEM OR LOSS OF DATA, CONSEQUENTIALEVEN IF THE BANK SPONSOR, SPECIALNETWORK, LOST PROFITSPROCESSOR, PUNITIVEPAI, OR OTHER THEIR AUTHORIZED AGENTS, EMPLOYEES, DISTRIBUTORS OR DEALERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY AGREES THAT XXX IS NOT RESPONSIBLE FOR ANY NETWORK OR PROCESSING SWITCH PROBLEMS OR DOWNTIME. THE CUMULATIVE LIABILITY OF PAI, COSTS IT’S BANK SPONSOR, PROCESSOR AND NETWORK UNDER OR EXPENSES RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEE INCOME EARNED BY ATM OWNER IN THE PREVIOUS TWELVE (12) MONTHS. ATM OWNER AGREES THAT XXX IS NOT RESPONSIBLE FOR ANY KIND ARISING FROM THIS AGREEMENT, NETWORK OR BLP'S RECEIPT, USE OF, PROCESSING SWITCH PROBLEMS OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableDOWNTIME.

Appears in 1 contract

Samples: Atm Processing Agreement

Warranty Disclaimer. BLP MAKES NO THE PROGRAM, CONTENT AND THE COMPANY PROPERTIES ARE PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, 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 CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYNON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, CONCERNING THIS AGREEMENTACCURACY, COMPLETENESS, COMPLETENESS, RELIABILITY OR VALIDITY OF THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDERPROGRAMS, THE BLOOMBERG-MULTEX RESEARCH SERVICE CONTENT OR THE REPORTSCOMPANY PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, REVIEWS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED IN CONNECTION WITH ANY PROGRAM. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY COMPANY DOES NOT WARRANT THAT THE OPERATION FUNCTIONALITY OF THE SOFTWARE SHALL COMPANY PROPERTIES WILL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACYERROR-FREE, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVETHAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER DAMAGESHARMFUL COMPONENTS. FURTHER, COSTS COMPANY DOES NOT WARRANT, GUARANTEE OR EXPENSES MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OR ACCURACY OF ADVERTISEMENTS FOR ANY KIND ARISING FROM THIS AGREEMENT, PRODUCTS OR BLP'S RECEIPT, USE OF, SERVICES OFFERED OR DELAY PROVIDED BY ITS AFFILIATE STORES OR SELLERS IN RECEIVING OR FAILURE TO RECEIVE, CONJUNCTION WITH THE REPORTS. 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 practicablePROGRAMS.

Appears in 1 contract

Samples: envision.ops1.com

Warranty Disclaimer. BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THREAT X HEREBY DISCLAIMS TO THE PRODUCTS MAXIMUM AMOUNT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED, OR SERVICES COVERED BY THIS AGREEMENTSTATUTORY REGARDING THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. NEITHER CUSTOMER IS RESPONSIBLE FOR MAINTAINING AND BACKING UP ANY STORED DATA. CUSTOMER’S USE OF THE CONTRIBUTOR NOR MULTEX SERVICES IS AT CUSTOMER’S OWN RISK. THREAT X MAKES NO WARRANTY REGARDING RESULTS THAT MAY BE OBTAINED FROM CUSTOMER’S USE OF THE SERVICES. CUSTOMER ACKNOWLEDGES THAT THREAT X DOES NOT MAKE ANY WARRANTIES WHATSOEVERGUARANTEE, EXPRESSED WARRANTY OR OTHER ASSURANCE THAT CUSTOMER WILL NOT BE HACKED OR OTHERWISE SUBJECTED TO SECURITY THREATS. EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN SECTION 7.2, THREAT X DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THREAT X SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATIONANY COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYNON- INFRINGEMENT, CONCERNING THIS AGREEMENT, TO THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 1 contract

Samples: Terms of Service

Warranty Disclaimer. BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET OUT IN SECTION 8(a) OF THIS AGREEMENT, THE HOSTING SERVICES, SOFTWARE, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS OR SERVICES COVERED PROVIDED UNDER THIS AGREEMENT ARE PROVIDED TO CUSTOMER “AS IS” AND THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, ARISING BY THIS AGREEMENTSTATUTE, INCLUDING OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. S&S, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING SOFTWARE, THE HOSTING SERVICES, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS, SERVICES AND MATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO TO, WARRANTIES OF MERCHANTABILITY OR MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON- INFRINGEMENT. NEITHER CONTRACTOR DOES NOT REPRESENT OR WARRANT THAT THE CONTRIBUTOR NOR MULTEX HOSTING SERVICES OR THE SOFTWARE SHALL OPERATE ERROR FREE OR UNINTERRUPTED, SHALL MEET ALL OF CUSTOMER’S PARTICULAR REQUIREMENTS, THAT ALL ERRORS OR DEFECTS IN THE HOSTING SERVICES OR SOFTWARE CAN BE FOUND OR CORRECTED. WITHOUT LIMITING THE FOREGOING, S&S DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESSED WHATSOEVER WITH REGARD TO PRODUCTS OR IMPLIED, SERVICES FROM THIRD PARTIES (INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENTLIMITATION THE THIRD PARTY COMPONENTS, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDERHARDWARE, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE INTERNET, CUSTOMER’S INTERNAL NETWORK OR CUSTOMER’S OTHER COMMUNICATION SERVICES) AND ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE FOREGOING OR THE APPROPRIATENESS OF CUSTOMER’S THIRD PARTY DATA MANAGEMENT SYSTEM (ANY SYSTEM THAT IS NOT COVERED UNDER THIS AGREEMENT) OR THE ACCURACY OF DATA CONTAINED IN SUCH SYSTEM. NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS BINDING ON EITHER PARTY UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED SIGNING OFFICER OF THE REPORTS. MULTEX S&S AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableCUSTOMER.

Appears in 1 contract

Samples: Hosting Service Agreement

Warranty Disclaimer. BLP Abbott represents and warrants that the -------------------- composition of each Supplied Compound conforms to the composition of such Supplied Compound as maintained at Abbott, that the information related to each Supplied Compound conforms to the information received from the third-party source, that it has the right and authority to transfer the Supplied Compounds and related information to ICOS, that it has no knowledge (without investigation) of any claim of right to, or any patent application or patent covering, any Supplied Compound or the use thereof and that Abbott has provided to ICOS true and complete copies (redacted as to commercial terms) of the third- party agreements related to the procurement of the first [ * ] Supplied Compounds. OTHER THAN AS SPECIFICALLY SET FORTH IN THIS SECTION 15, ABBOTT MAKES NO REPRESENTATIONS OR WARRANTIES RESPECTING ITS PROVISION OF SUPPLIED COMPOUNDS AND RELATED INFORMATION TO ICOS, AND ITS OTHER ACTIVITIES UNDER THIS SECTION 15, AND SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED WARRANTIES IMPLIED, RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTTHERETO, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR OR SPECIAL PURPOSE, PATENTABILITY AND NONINFRINGEMENT. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE IN NO EVENT SHALL ABBOTT SUFFER OR INCUR ANY WARRANTIES WHATSOEVER, EXPRESSED DAMAGES OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES LIABILITIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ICOS'S USE OF SUPPLIED COMPOUNDS AND [ * ] designates portions of this document that have been omitted pursuant to a request for confidential treatment filed separately with the Commission. RELATED INFORMATION, INCLUDING, BUT NOT LIMITED TO, ANY INCIDENTAL, CONSEQUENTIAL OR CONTINGENT DAMAGES, NOR SHALL ABBOTT BE LIABLE TO ICOS FOR ANY OF ITS LOST PROFITS ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR XXXXXX'X FAILURE TO RECEIVE, SUPPLY THE REPORTS. 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 practicableSUPPLIED COMPOUNDS OR ANY OTHER BREACH OF THIS SECTION 15.

Appears in 1 contract

Samples: License Agreement (Icos Corp / De)

Warranty Disclaimer. BLP EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY Cross Sound Ferry Services, Inc., Cross Sound Ferry Services, Inc. DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. Cross Sound Ferry Services, Inc. HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. ● 6. LIMITATION OF LIABILITY. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Cross Sound Ferry Services, Inc. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Cross Sound Ferry Services, Inc. MAKES NO EXPRESS WARRANTIES, EXPRESS, IMPLIED OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTSTATUTORY, INCLUDING AND CUSTOMER WAIVES ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVERTITLE, EXPRESSED OR IMPLIEDNONINFRINGEMENT, INCLUDING WITHOUT LIMITATIONMERCHANTABILITY, ANY WARRANTIES OR AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR MERCHANTABILITYSERVICE PROVIDED BY OR THROUGH Cross Sound Ferry Services, CONCERNING THIS AGREEMENTInc. DIRECTLY OR INDIRECTLY. YOU EXPRESSLY ACKNOWLEDGE THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND Cross Sound Ferry Services, Inc. DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY Cross Sound Ferry Services, Inc. OR ITS REPRESENTATIVES WILL CREATE A WARRANTY. Cross Sound Ferry Services, Inc. AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDERTHE INTERNET, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES INCLUDING ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORYINCIDENTAL, CONSEQUENTIALEXEMPLARY, MULTIPLE, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES. IN ANY EVENT, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 Cross Sound Ferry 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 practicableInc.' CUMULATIVE LIABILITY TO ANY CUSTOMER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES AND/OR LICENSED PROGRAMS WILL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD PRECEDING THE ACCRUAL OF THE CLAIM.

Appears in 1 contract

Samples: Please Read the Following

Warranty Disclaimer. BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE PRODUCTS OR SERVICES COVERED FULLEST EXTENT PERMITTED BY THIS AGREEMENTLAW, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVERSendOutCards, EXPRESSED ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. SendOutCards MAKES NO WARRANTIES OR FITNESS 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 PARTICULAR PURPOSE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR MERCHANTABILITYOTHERWISE MADE AVAILABLE VIA THE SERVICES. SendOutCards DOES NOT WARRANT, CONCERNING THIS AGREEMENTENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE ANY HYPERLINKED SERVICES OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES FEATURED IN ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, BANNER OR OTHER DAMAGESADVERTISING, COSTS AND SendOutCards WILL NOT BE A PARTY TO OR EXPENSES 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 KIND ARISING FROM THIS AGREEMENTMEDIUM OR IN ANY ENVIRONMENT, OR BLP'S RECEIPT, YOU SHOULD USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableYOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Appears in 1 contract

Samples: s3.amazonaws.com

Warranty Disclaimer. BLP EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS, THE COMPANY MAKES NO EXPRESS EXPRESS, IMPLIED OR IMPLIED STATUTORY WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENT, (INCLUDING BUT NOT LIMITED TO WARRANTIES ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYAPPLICATION) WITH RESPECT TO ANY GOODS OR SERVICES SOLD BY COMPANY. COMPANY DISCLAIMS ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING OR TRADE USAGE, AND ANY BUYER OF GOODS OR SERVICES FROM COMPANY ACKNOWLEDGES THAT THERE ARE NO WARRANTIES IMPLIED BY CUSTOM OR USAGE IN THE TRADES OF THE BUYER AND OF THE COMPANY, AND THAT PRIOR DEALINGS OF BUYER WITH THE COMPANY DO NOT IMPLY COMPANY WARRANTS THE GOODS OR SERVICES IN ANY WAY. ANY BUYER OF GOODS OR SERVICES FROM THE COMPANY AGREES WITH THE COMPANY THAT THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF ANY WARRANTY CONCERNING THIS AGREEMENTTHE GOODS OR SERVICES WHETHER BASED UPON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, AND WHETHER FOR COMMERCIAL LOSS, PERSONAL INJURY OR OTHER MONETARY LOSS, SHALL BE AT COMPANY’S OPTION, TO REPAIR OR REPLACE THE GOODS OR SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, REFUND THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTSPURCHASE PRICE. THE REPORTS COMPANY SHALL IN NO EVENT BE LIABLE FOR EXPENSE FOR REMOVAL, REINSTALLATION OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES EVEN IF THE COMPANY FAILS IN ANY ATTEMPT TO REMEDY DEFECTS IN THE GOODS AND SERVICES, BUT IN SUCH CASE THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH BUYER SHALL BE ENTITLED TO NO WARRANTIES WHATSOEVERMORE THAN A REFUND OF ALL MONIES PAID TO THE COMPANY BY THE BUYER FOR PURCHASE OF ALL GOODS OR SERVICES. NEITHER ANY CAUSE OF ACTION FOR BREACH OF ANY WARRANTY BY THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT COMPANY SHALL BE BARRED UNLESS THE OPERATION COMPANY RECEIVES FROM THE BUYER A WRITTEN NOTICE OF THE SOFTWARE ALLEGED DEFECT OR BREACH WITHIN 20 DAYS FROM THE EARLIEST DATE ON WHICH THE BUYER COULD REASONABLY HAVE DISCOVERED THE ALLEGED DEFECT OR BREACH, AND NO ACTION FOR THE BREACH OF ANY WARRANTY SHALL BE UNINTERRUPTED COMMENCED BY THE BUYER LATER THAN TWELVE MONTHS FROM THE EARLIEST DATE ON WHICH THE BUYER COULD REASONABLY HAVE DISCOVERED THE ALLEGED DEFECT OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTSBREACH. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 For purposes of this Agreement. Multex maximum liability hereunder for paragraph, “Goods” shall specifically include 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 practicableparts thereof.

Appears in 1 contract

Samples: Terms and Conditions

Warranty Disclaimer. BLP MAKES NO EXPRESS THE SITE AND ALL INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS," WITH ALL FAULTS, AND "AS AVAILABLE". IPARADIGMS, ITS AFFILIATES, VENDORS AND LICENSORS DO NOT WARRANT THAT THE SITE OR IMPLIED WARRANTIES RELATING SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ANY RESULTS OR COMPARISONS GENERATED BY THE SITE WILL BE COMPLETE OR ACCURATE. IPARADIGMS, ITS AFFILIATES, VENDORS AND LICENSORS DO NOT WARRANT THAT ACCESS TO THE PRODUCTS SITE OR THE OPERATION OF THE SERVICES COVERED WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE BY THIS AGREEMENTLAW, INCLUDING IPARADIGMS, ITS AFFILIATES, VENDORS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, CONFORMITY TO WARRANTIES ANY REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, QUALITY OF MERCHANTABILITY OR INFORMATION, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES ARE ACCESSED AND USED OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT IPARADIGMS, ITS AFFILIATES, VENDORS AND LICENSORS DOES NOT OPERATE OR EQUIPMENT CONTROL THE INTERNET AND THAT: (IF ANYI) PROVIDED HEREUNDERVIRUSES, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACYWORMS, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVETROJAN HORSES, OR OTHER DAMAGESUNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENTHACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE USER'S DATA, COMPUTERS, OR BLP'S RECEIPTNETWORKS. IPARADIGMS, USE OFITS AFFILIATES, OR DELAY IN RECEIVING OR FAILURE TO RECEIVEVENDORS AND LICENSORS SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. iParadigms is not obligated to, THE REPORTSmonitor 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. Multex's Communications submitted by users do not necessarily represent the view or opinions of iParadigms.iParadigms does not preview user Communications before they appear on the Site. iParadigms 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. iParadigms 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 its Contributors shall not have the Services may be temporarily unavailable from time to time. iParadigms assumes no responsibility for any obligation error, omission, interruption, deletion, defect, delay in operation or liability to BLP transmission, communications line failure, theft or any third party relating destruction or unauthorized access to, or arising (i) alteration of any paper submitted by You or any User Communications. iParadigms 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 supplyingInternet or at any Site or combination thereof, furnishing including injury or the failure damage to supply any Authorized User's or furnish the Reports (including the information contained therein) or Servicesto any other person's computer, (ii) errors or omissions in connecting, routing, processing, transmitting, distributing or displaying the Reportsmobile phone, or (iii) other hardware or software, related to or resulting from using or downloading materials in connection with 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 Site and/or in connection with 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 1 contract

Samples: services.anu.edu.au

Warranty Disclaimer. BLP MAKES NO EXPRESS OR THE SOFTWARE IS LICENSED FOR CUSTOMER'S TEMPORARY EVALUATION "AS IS" AND WIND RIVER AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTOF MERCHANTABILITY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. NEITHER NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WIND RIVER, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL IN ANY WAY INCREASE THE CONTRIBUTOR NOR MULTEX MAKE SCOPE OF THIS WARRANTY. 9. LIMITATION OF LIABILITY. WIND RIVER AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY WARRANTIES WHATSOEVERINCIDENTAL, EXPRESSED SPECIAL, CONSEQUENTIAL OR IMPLIEDINDIRECT DAMAGES OF ANY KIND (INCLUDING DAMAGES FOR INTERRUPTION OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF PROFITS, OR THE LIKE) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATIONNEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY WARRANTIES OTHER LEGAL OR FITNESS EQUITABLE THEORY EVEN IF WIND RIVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WIND RIVER'S AGGREGATE CUMULATIVE LIABILITY FOR A PARTICULAR PURPOSE ANY CLAIMS ARISING OUT OF OR MERCHANTABILITY, CONCERNING RELATED TO THIS AGREEMENT, AGREEMENT EXCEED $50.00 OR THE SERVICES OR EQUIPMENT AMOUNT CUSTOMER ACTUALLY PAID WIND RIVER UNDER THIS AGREEMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS). THE REPORTS WARRANTY DISCLAIMER AND THE SERVICES PROVIDED HEREUNDER LIMITED LIABILITY ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION FUNDAMENTAL ELEMENTS OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS BASIS OF THE REPORTSBARGAIN BETWEEN WIND RIVER AND CUSTOMER. MULTEX AND WIND RIVER WOULD NOT BE ABLE TO PROVIDE THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTSSOFTWARE WITHOUT SUCH LIMITATIONS. 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 (<PAGE> 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 1 contract

Samples: Added Reseller Agreement

Warranty Disclaimer. BLP VERACITY MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING TO WARRANTY REGARDING THE PRODUCTS SERVICE OR SERVICES COVERED BY THIS AGREEMENTDEVICE OR THE INSTALLATION OF SAME AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER VERACITY DOES NOT WARRANT THAT THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVERSERVICE OR DEVICE WILL FUNCTION WITHOUT FAILURE, EXPRESSED DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR IMPLIEDLOSS OF CONTENT, DATA OR INFORMATION. VERACITY DOES NOT AUTHORIZE ANYONE, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY WARRANTIES KIND ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. CUSTOMER AGREES THAT IT ACCEPTS THE SERVICE AND DEVICE “AS IS” AND THAT CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR FITNESS REFUND IN THE EVENT OF ANY DEFECT. CUSTOMER ACKNOWLEDGES THAT THE SERVICES ARE NOT ENABLED TO FUNCTION AS OUTDIALING SYSTEMS INCLUDING HOME OR OFFICE SECURITY SYSTEMS, TTY EQUIPMENT, MEDICAL MONITORING EQUIPMENT OR SATELLITE TELEVISION SYSTEMS. COMPANY WILL NOT BE LIABLE FOR A PARTICULAR PURPOSE INTERRUPTION OR MERCHANTABILITYDISRUPTION OF SUCH SYSTEMS BY THE SERVICES. CUSTOMER FURTHER ACKNOWLEDGES THAT, CONCERNING THIS AGREEMENTEXCEPT AS EXPRESSLY OTHERWISE AGREED, THE SERVICES ARE NOT DESIGNED, INTENDED OR EQUIPMENT RECOMMENDED AS A MEANS BY WHICH TO STORE OR TRANSMIT “PROTECTED HEALTH INFORMATION” (IF ANY“PHI’) PROVIDED HEREUNDERAS DEFINED UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 AND RELATED OR SIMILAR LAWS (COLLECTIVELY, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS“HIPAA”). THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH COMPANY MAKES NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED SERVICES OR ERROR FREE NOR GUARANTEE THE ACCURACYTHEIR USE WILL COMPLY WITH HIPAA OR WILL RENDER ANY PARTY COMPLIANT WITH HIPAA, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM IS RELEASED FROM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, FOR ITS ACTS OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE OMISSIONS RELATING TO RECEIVE, THE REPORTS. 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 practicableHIPAA.

Appears in 1 contract

Samples: Universal Terms of Service

Warranty Disclaimer. BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING EXCEPT AS PROVIDED IN THIS SECTION, THE SERVICE AND PREMIUM SERVICES ARE PROVIDED ON AN "AS AVAILABLE, " "AS-IS" BASIS. TO THE PRODUCTS OR SERVICES COVERED MAXIMUM EXTENT PERMITTED BY THIS AGREEMENTLAW, INCLUDING TANIUM AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES WITH RESPECT TO THE SERVICE AND PREMIUM SERVICES, INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER TANIUM DOES NOT WARRANT THAT THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR PREMIUM SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, OR WILL CAUSE CUSTOMER TO BE COMPLIANT WITH APPLICABLE LAW; THAT CUSTOMER’S USE OF THE REPORTS. THE REPORTS AND THE SERVICE OR PREMIUM SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES WILL SATISFY ANY REPRESENTATION STATUTORY OR WARRANTY REGULATORY OBLIGATIONS; THAT THE OPERATION OF THE SOFTWARE SHALL SERVICE OR PREMIUM SERVICES WILL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE ERROR-FREE; OR THAT ERRORS OR DEFECTS IN THE ACCURACY, VALIDITY SERVICE OR COMPLETENESS PREMIUM SERVICES WILL BE CORRECTED. TANIUM DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE OR RESULTS OF THE REPORTSSERVICE OR PREMIUM SERVICES. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM TANIUM DOES NOT PROVIDE WARRANTIES WITH RESPECT TO ANY LIABILITY FORTHIRD-PARTY PRODUCTS, INDIRECTSCRIPTS, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVECONTENT, OR OTHER DAMAGESTECHNOLOGIES. NO ORAL OR WRITTEN INFORMATION OR ADVICE, COSTS INCLUDING, BUT NOT LIMITED TO, SUGGESTIONS, ROUTINES, SCRIPTS OR EXPENSES QUERIES, PROVIDED BY TANIUM SHALL CREATE ANY ADDITIONAL TANIUM WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF ANY KIND ARISING FROM WARRANTIES OR TANIUM’S LIABILITY OR OBLIGATIONS UNDER THIS AGREEMENT. TANIUM HAS NO RESPONSIBILITY OR LIABILITY FOR ANY THIRD- PARTY PRODUCTS OR TECHNOLOGIES USED BY CUSTOMER WHETHER INDEPENDENTLY OR IN CONJUNCTION WITH THE SERVICE OR PREMIUM SERVICES. If applicable law affords Customer implied warranties, OR BLP'S RECEIPTguarantees or conditions despite these exclusions, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. Multex's those warranties will be limited to one (1) year from the Effective Date and its Contributors shall not have any obligation or liability Customer’s remedies will be limited to BLP or any third party relating to, or arising the maximum extent allowed by Sections 7 (iLimited Warranty; Disclaimer) the supplying, furnishing or the failure to supply or furnish the Reports and 9 (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 Limitation 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 otherwiseLiability), 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 1 contract

Samples: Subscription Agreement

Warranty Disclaimer. BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET OUT IN SECTION 10(A), THE SERVICES, THE TERMINAL SOFTWARE, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS OR SERVICES COVERED PROVIDED UNDER THIS AGREEMENT ARE PROVIDED TO CUSTOMER “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, AND THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. LICENSOR, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING THE SOFTWARE, THE SERVICES, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS, SERVICES AND MATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. LICENSOR DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR THE SOFTWARE SHALL OPERATE ERROR FREE OR UNINTERRUPTED, SHALL MEET ANY OR ALL OF CUSTOMER’S PARTICULAR REQUIREMENTS, THAT ALL ERRORS OR DEFECTS IN THE SERVICES OR SOFTWARE CAN BE FOUND OR CORRECTED. WITHOUT LIMITING THE FOREGOING, LICENSOR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH REGARD TO PRODUCTS OR SERVICES FROM THIRD PARTIES (INCLUDING WITHOUT LIMITATION THE THIRD PARTY COMPONENTS, THE HARDWARE, THE OPERATION OF THE INTERNET, NETWORK OR OTHER COMMUNICATION SERVICES) AND ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE FOREGOING OR THE APPROPRIATENESS OF YOUR DATA MANAGEMENT SYSTEM OR THE ACCURACY OF DATA CONTAINED IN SUCH SYSTEM. NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTAGREEMENT SHALL BE BINDING ON EITHER PARTY UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED SIGNING OFFICER OF LICENSOR. CUSTOMER CONFIRMS THAT IT HAS THE SOLE RESPONSIBILITY FOR ALL USE OF THE SERVICES AND TERMINAL SOFTWARE, FOR ANY PRODUCTS OR SERVICES THAT USE THE TERMINAL SOFTWARE AND SERVICES, AND ANY USE OF SUCH PRODUCTS OR SERVICES BY OTHERS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, RESPONSIBILITY TO ASSESS WHETHER THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDERAND TERMINAL SOFTWARE AND USE THEREOF IS APPROPRIATE FOR CUSTSOMER’S INTENDED PURPOSES, AND CONSIDERING THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND RISKS ASSOCIATED WITH THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVERAND TERMINAL SOFTWARE AND USE THEREOF. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACYCustomer agrees to indemnify, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FORhold harmless, INDIRECTand, COMPENSATORYupon Licensor’s request, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. Multex's defend Licensor and its Contributors shall not have any obligation or liability to BLP or any affiliates and their respective contractors, licensors and agents and all such person’s officers, directors and employees, from and against all third party relating toclaims, actions and demands, and all resulting liabilities, damages and losses of any type, expenses (including reasonable legal fees), settlements, or arising judgments suffered or incurred by such parties to the extent that they result from or arise out of: (i) access, installation or use of the supplyingSoftware by the Customer, furnishing or the failure to supply or furnish the Reports (including the information contained therein) or Services, Users; (ii) errors or omissions in connectingthe failure of Customer to comply with any applicable laws, routing, processing, transmitting, distributing or displaying the Reports, or including applicable export laws; (iii) the accuracy breach of any of the Reports or securities or commodities information terms 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 conditions 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 any representations by Customer or the Reports to BLP, (vi) BLP has not received authorization from Contributor to receive Users regarding the Reports, Services and (vii) Contributor terminates its agreement with Multex. BLP recognizes and understands that Multex cannot and does not guarantee in any way, the content, timelinessTerminal Software, or availability the use of performance thereof, howsoever made, without the Reports or Servicesprior written consent of Licensor. AccordinglyTHE WARRANTY DISCLAIMERS ABOVE REPRESENT THE INHERENT RISKS ASSOCIATED WITH PLATFORMS AND THE FACT THAT THE SERVICES AND TERMINAL SOFTWARE ARE BEING PROVIDED AT NO COST TO THE CUSTOMER. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY SET OUT IN THIS AGREEMENT ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF BARGAIN BETWEEN THE PARTIES AND LICENSOR WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE, 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 practicableOR THE DOCUMENTATION WITHOUT SUCH LIMITATIONS.

Appears in 1 contract

Samples: A Service Agreement

Warranty Disclaimer. BLP MAKES NO EXCEPT FOR THE LIMITED WARRANTY IN SECTION 9.1, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, CLUBWORKS, INC. PRODUCTS AND ALL SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS. CLUBWORKS, INC. AND MEDALLIA: (I) DO NOT REPRESENT OR WARRANT THAT THE (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 ANY VIRUSES OR MALICIOUS CODE WHICH CANNOT BE DETECTED USING COMMERCIALLY AVAILABLE PRODUCTS AND (II) SPECIFICALLY DISCLAIM ANY AND ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED WARRANTIES RELATING IMPLIED, WITH RESPECT TO THE CLUBWORKS, INC. PRODUCTS. CLUBWORKS, INC. PRODUCTS DATA, OR SERVICES COVERED BY THIS AGREEMENTOTHER STORED DATA AND ANY RELATED SERVICES, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR NON-INFRINGEMENT, MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, REGARDLESS OF ANY KNOWLEDGE OF CLUB OWNER’S PARTICULAR NEEDS. CLUB OWNER MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY 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 CONTRIBUTOR NOR MULTEX 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 WARRANTIES WHATSOEVEROTHER INFORMATION PROVIDED BY OR DERIVED FROM CLUBWORKS, EXPRESSED INC. PRODUCTS OR IMPLIEDTHE SUITABILITY OF THIS DATA FOR USE IN ANY WAY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES TO MAKE BUSINESS, ECONOMIC, EMPLOYMENT, FRANCHISE OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, PROMOTIONAL DECISIONS. IT IS CLUB OWNER’S SOLE RESPONSIBILITY TO DETERMINE THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION SUITABILITY OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACYCLUBWORKS, VALIDITY OR COMPLETENESS OF THE REPORTSINC. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicablePRODUCTS DATA FOR ALL USES.

Appears in 1 contract

Samples: mxmetrics.com

Warranty Disclaimer. BLP MAKES NO Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Company makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES, CONTENT, WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTOF MERCHANTABILITY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENTFURTHER, THE SERVICES ARE NOT INTENDED TO BE USED FOR DIAGNOSIS OR EQUIPMENT (IF ANY) PROVIDED HEREUNDERMEDICAL ADVICE, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVERSOLELY A TOOL TO BE USED BY A HEALTHCARE PROVIDER. NEITHER COMPANY DOES NOT OFFER MEDICAL ADVICE OR DIAGNOSES OR ENGAGE IN THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT PRACTICE OF MEDICINE. THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACYSERVICES ARE NOT INTENDED TO BE, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FORDOES NOT CONSTITUTE, INDIRECTA SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVEDIAGNOSIS, OR OTHER DAMAGESTREATMENT AND ARE OFFERED FOR INFORMATIONAL PURPOSES ONLY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE SO THE ABOVE LIMITATIONS MAY NOT APPLY TO RECEIVE, THE REPORTS. 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 practicableYOU.

Appears in 1 contract

Samples: Terms of Use

Warranty Disclaimer. BLP MAKES CUSTOMER ACKNOWLEDGES THAT, EXCEPT AS PROVIDED HEREIN, THE SERVICE IS PROVIDED HEREUNDER WITH NO EXPRESS WARRANTY WHATSOEVER. CUSTOMER ACKNOWLEDGES AND AGREES THAT, WHILE CUSTOMS Info WILL REASONABLY ATTEMPT TO MAINTAIN THE SERVICE SO AS TO REFLECT CHANGES IN TAX LAWS AND REGULATIONS AND OTHERWISE CONTAIN CURRENT INFORMATION, CUSTOMS Info SHALL HAVE NO OBLIGATION TO DO SO AND NO LIABILITY TO CUSTOMER, ANY AUTHORIZED USER OR ANY THIRD PARTY FOR ANY FAILURE ON THE PART OF CUSTOMS Info TO DO SO. CUSTOMER ACKNOWLEDGES THAT ITS USE OF THE SERVICE IS AT ITS OWN RISK. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED SOLELY ON AN “AS-IS” BASIS. CUSTOMS Info MAKES, AND CUSTOMER RECEIVES, NO WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE. CUSTOMS Info EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTAND CONDITIONS OF MERCHANTABILITY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NONINFRINGEMENT AND ALL DUTIES AND OBLIGATIONS IMPLIED IN LAW. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY CUSTOMS Info DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE SERVICE SHALL BE OPERABLE, SHALL PROPERLY STORE DATA, SHALL OPERATE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACYFREE, VALIDITY SHALL BE SECURE, SHALL KEEP DATA CONFIDENTIAL, SHALL FUNCTION OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM OPERATE IN CONJUNCTION WITH ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OTHER PRODUCT OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLPSHALL MEET CUSTOMER'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableNEEDS.

Appears in 1 contract

Samples: www.descartes.com

Warranty Disclaimer. BLP MAKES THE WARRANTIES SET FORTH IN THIS AGREEMENT AND IN ANY PRODUCT ADDENDA OR STATEMENTS OF WORK ARE THE ONLY WARRANTIES OF EITHER PARTY AND NO OTHER WARRANTY, EXPRESS OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTIMPLIED, WILL APPLY, INCLUDING BUT NOT LIMITED TO WARRANTIES WITHOUT LIMITATION, IMPLIED WARRANTY OF MERCHANTABILITY OR AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. NEITHER LUCENT MAKES NO WARRANTY WITH RESPECT TO DEFECTS RESULTING FROM ANY ACTS OF ALLEGIANCE, ITS AGENTS OR THIRD PARTIES WITH RESPECT TO THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVERFOLLOWING: INCORRECT DATA PROVIDED BY ALLEGIANCE, EXPRESSED MODIFICATIONS (OTHER THAN AS SPECIFIED OR IMPLIEDPERMITTED IN THE DOCUMENTATION), MISUSE, NEGLECT, ACCIDENT OR ABUSE; IMPROPER WIRING, REPAIRING, SPLICING, ALTERATION, INSTALLATION, STORAGE OR MAINTENANCE; USE IN A MANNER NOT IN ACCORDANCE WITH LUCENT'S OR ITS VENDOR'S SPECIFICATIONS OR DOCUMENTATION, OR FAILURE OF CUSTOMER TO APPLY PREVIOUSLY APPLICABLE, GENERALLY AVAILABLE AND DEFECT FREE MODIFICATIONS OR CORRECTIONS. IN ADDITION, LUCENT MAKES NO WARRANTY WITH RESPECT TO PRODUCTS WHICH HAVE HAD THEIR SERIAL NUMBERS OR MONTH AND YEAR OF MANUFACTURE REMOVED, ALTERED AND, WITH RESPECT TO EXPENDABLE ITEMS, INCLUDING (WITHOUT LIMITATION) FUSES, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYLIGHT BULBS, CONCERNING THIS AGREEMENTMOTOR BRUSHES, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH LIKE. NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY IS MADE THAT THE OPERATION OF THE SOFTWARE SHALL BE WILL RUN UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACYFREE, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX PROVIDED THAT THIS WARRANTY EXCLUSION DOES NOT DIMINISH LUCENT'S OTHER WARRANTIES AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM OBLIGATIONS CONTAINED IN THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 1 contract

Samples: Master Procurement Agreement (Allegiance Telecom Inc)

Warranty Disclaimer. BLP AIA AND THE ACD ONLINE SERVICE DO NOT PROVIDE LEGAL ADVICE. MOREOVER, AIA MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES TO YOU ON AN INDIVIDUAL BASIS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS ASSOCIATED WITH OR AVAILABLE THROUGH THE ACD ONLINE SERVICE FOR ANY PURPOSE OR WITH RESPECT TO YOUR ABILITY TO ACHIEVE YOUR INTENDED RESULT. UNLESS OTHERWISE AGREED, THE ACD ONLINE SERVICE AND ANY SUCH INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS ARE PROVIDED “AS IS” AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTAND CONDITIONS OF MERCHANTABILITY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER , TITLE, AND NON-INFRINGEMENT AS WELL AS ANY WARRANTY RELATED TO THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVERUSE, EXPRESSED OR IMPLIEDTHE RESULTS OF THE USE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, OF THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH ACD ONLINE SERVICE OR DOCUMENTATION ASSOCIATED THEREWITH IN TERMS OF AVAILABILITY, ACCURACY, SECURITY, RELIABILITY, OR OTHERWISE. AIA ALSO DOES NOT WARRANT THAT THE REPORTSACD ONLINE SERVICE WILL ENABLE YOU TO MEET OR ACHIEVE ANY CERTIFICATION OR LEGAL STANDARD OR OPERATE ERRORFREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. THE REPORTS ENTIRE RISK AS TO THE AVAILABILITY, QUALITY, AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION PERFORMANCE OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableACD ONLINE SERVICE IS WITH YOU.

Appears in 1 contract

Samples: Terms of Service

Warranty Disclaimer. BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET OUT IN SECTION 9(A), THE SERVICES, THE SOFTWARE, THE SOFTWARE SERVICES, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS OR SERVICES COVERED PROVIDED UNDER THIS AGREEMENT ARE PROVIDED TO CUSTOMER “AS IS” AND THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, ARISING BY THIS AGREEMENTSTATUTE, INCLUDING OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. CITYVIEW, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING THE SOFTWARE, THE SOFTWARE SERVICES, THE SERVICES, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS, SERVICES AND MATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO TO, WARRANTIES OF MERCHANTABILITY OR MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED CITYVIEW DOES NOT REPRESENT OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, WARRANT THAT THE SERVICES OR EQUIPMENT THE SOFTWARE SERVICES SHALL OPERATE ERROR FREE OR UNINTERRUPTED, SHALL MEET ANY OR ALL OF CUSTOMER’S PARTICULAR REQUIREMENTS, THAT ALL ERRORS OR DEFECTS IN THE SERVICES OR SOFTWARE SERVICES CAN BE FOUND OR CORRECTED. WITHOUT LIMITING THE FOREGOING, CITYVIEW DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH REGARD TO PRODUCTS OR SERVICES FROM THIRD PARTIES (IF ANY) PROVIDED HEREUNDERINCLUDING WITHOUT LIMITATION THE THIRD PARTY COMPONENTS, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT HARDWARE, THE OPERATION OF THE SOFTWARE INTERNET, NETWORK OR OTHER COMMUNICATION SERVICES) AND ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE FOREGOING OR THE APPROPRIATENESS OF YOUR DATA MANAGEMENT SYSTEM OR THE ACCURACY OF DATA CONTAINED IN SUCH SYSTEM. NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS BINDING ON EITHER PARTY UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED SIGNING OFFICER OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 practicableCITYVIEW.

Appears in 1 contract

Samples: Software Subscription Agreement

Warranty Disclaimer. BLP MAKES NO THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTIMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER WITHOUT LIMITING THE CONTRIBUTOR NOR MULTEX MAKE FOREGOING, CLEVER, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY WARRANTIES WHATSOEVERPARTICULAR TIME OR LOCATION, EXPRESSED UNINTERRUPTED OR IMPLIEDSECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES. WE DO NOT WARRANT, INCLUDING WITHOUT LIMITATIONENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY WARRANTIES PRODUCT OR FITNESS FOR SERVICES ADVERTISED OR OFFERED BY A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THIRD PARTY THROUGH THE SERVICES OR EQUIPMENT ANY HYPERLINKED WEBSITE OR SERVICES (IF ANY) PROVIDED HEREUNDERINCLUDING WITHOUT LIMITATION APPLICATIONS), THE BLOOMBERGAND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-MULTEX RESEARCH SERVICE PARTY PROVIDERS OF PRODUCTS OR THE REPORTSSERVICES (INCLUDING WITHOUT LIMITATION DEVELOPERS). THE REPORTS FEDERAL LAW, SOME STATES, PROVINCES AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE ABOVE LIMITATIONS MAY NOT APPLY TO RECEIVE, THE REPORTS. 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 practicableYOU.

Appears in 1 contract

Samples: Clever Services Agreement

Warranty Disclaimer. BLP MAKES NO EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THIS AGREEMENT, THE LICENSED PRODUCT, THE TAL DATA AND THE ROUTING NETWORK ARE PROVIDED “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES RELATING INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AS TO ACCURACY, FUNCTIONALITY, PERFORMANCE OR MERCHANTABILITY. TAL AND THE PRODUCTS SOURCES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR SERVICES COVERED BY THIS AGREEMENTSTATUTORY, INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. TAL AND THE SOURCES MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, COMPLETENESS, SEQUENCE, TIMELINESS OR AVAILABILITY OF THE LICENSED PRODUCT, THE ROUTING NETWORK, THE TAL DATA OR ANY OTHER INFORMATION OR THE LIKELIHOOD OF PROFITABLE TRADING USING THE LICENSED PRODUCT, THE ROUTING NETWORK OR TAL DATA. SUBSCRIBER ACCEPTS FULL RESPONSIBILITY FOR ANY INVESTMENT DECISIONS OR STOCK TRANSACTIONS MADE BY SUBSCRIBER OR ITS AUTHORIZED USERS USING THE LICENSED PRODUCT, THE ROUTING NETWORK OR TAL DATA. NO SALES PERSONNEL, EMPLOYEES, AGENTS OR REPRESENTATIVES OF TAL OR ANY THIRD PARTY ARE AUTHORIZED TO MAKE ANY REPRESENTATION, WARRANTY OR COVENANT ON BEHALF OF TAL. ACCORDINGLY, ADDITIONAL ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES AND SHOULD NOT BE RELIED UPON AND ARE NOT PART OF THIS AGREEMENT. NEITHER TAL NOR ANY OF ITS AFFILIATES OR THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVERSOURCES INCLUDING, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES THE EXCHANGES, REPRESENT OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENTWARRANT THAT THE LICENSED PRODUCT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE ROUTING NETWORK OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL TAL DATA WILL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS ERROR-FREE. SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE REPORTS. MULTEX LICENSED PRODUCT, THE ROUTING NETWORK, THE TAL DATA OR ANY OTHER INFORMATION IS AT SUBSCRIBER’S SOLE RISK AND THAT TAL AND THE CONTRIBUTORS HEREBY DISCLAIM SOURCES SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY FORINTERRUPTION OF SERVICES, INDIRECTDELAYS OR ERRORS CAUSED BY ANY TRANSMISSION OR DELIVERY OF THE LICENSED PRODUCT, COMPENSATORYTHE ROUTING NETWORK, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, TAL DATA OR ANY OTHER DAMAGES, COSTS INFORMATION OR EXPENSES CAUSED BY ANY COMMUNICATIONS SERVICE PROVIDERS. THIS SECTION SHALL SURVIVE TERMINATION OR EXPIRATION AND NON-RENEWAL OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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 1 contract

Samples: License and Distribution Agreement (Archipelago Holdings L L C)

Warranty Disclaimer. BLP CHAPEL COMMUNICATIONS’S LIABILITY TO YOU FOR ANY ACTUAL LOSS, DAMAGE OR EXPENSE ARISING OUT OF OR RELATED TO MISTAKES, OMISSIONS, INTERUPTIONS, DELAYS, ERRORS OR OTHER DEFECTS IN SERVICE DURING ANY PERIOD SHALL NOT EXCEED THE COMPANY’S CHARGES TO YOU DURING SUCH PERIOD. IN NO EVENT SHALL THE COMPANY BE LIABLE UNDER TORT, CONTRACT OR OTHER LEGAL THEORY FOR LOST BUSINESS, PROFITS OF REVENUES, DAMAGE, ACCIDENT, INJURY OF PERSON OF PROPERTY OF ANY OTHER LOSS, DAMAGE OF EXPENSE, INCLUDING ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING FORM THE USE OF THE EQUIPMENT, THE SERVICE OR OTHER ACTIONS OF THE COMPANY, WHATSOEVER. YOU ACKNOWLEDGE THAT, WITH RESPECT TO ANY EQUIPMENT, THE COMPANY’S NETWORK OF ANY SERVICE PROVIDED THEREBY, CHAPEL COMMUNICATIONS HAS MADE AND MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND OR NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED WARRANTIES RELATING IMPLIED, AS TO THE PRODUCTS OR SERVICES COVERED BY THIS AGREEMENTANY MATTER WHATSOEVER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR SUITABILITY, QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE. NEITHER You agree to indemnify, defend and hold Chapel Communications and its affiliates, officers, directors and employees harmless from and against any and all claims, actions, liabilities, losses, damages, costs, expenses and reasonable fees of legal counsel arising from or in connection with any use of this service. YOUR SIGNATURE BELOW INDICATES YOUR ACCEPTANCE OF THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING TERMS OF THIS AGREEMENT, THE SERVICES OR EQUIPMENT . RESIDENTIAL SERVICE LEVEL Check service Level to Left and Circle Monthly Price This pricing only applies if your base Phone Service is through Bellsouth Check Select Service Service Plan Minimum Service Period First Year Promotional Rate 1536K x 256K 1 year $49.99 Monthly 3000K x 384K 1 year $69.99 Monthly Activation Fee (IF ANYIncludes DSL modem) PROVIDED HEREUNDER, THE BLOOMBERG_$129.95 PRINT CUSTOMER NAME SERVICE PHONE NUMBER This is the number DSL will be assigned to Residential Service Agreement for Bellsouth Territory Rev. 2006-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTS. 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.04 Definitions:

Appears in 1 contract

Samples: Service Agreement

Warranty Disclaimer. BLP MAKES NO EXPRESS OR IMPLIED THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS PROVIDED THROUGH THE SERVICE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES RELATING OF ANY KIND. TO THE PRODUCTS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GGS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR SERVICES COVERED BY THIS AGREEMENTIMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE , AND ANY WARRANTIES WHATSOEVERWITH RESPECT TO TITLE, EXPRESSED NON-INFRINGEMENT, UPTIME OR IMPLIEDUNINTERRUPTED ACCESS, INCLUDING AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS OR, USEFULNESS, OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYALL CONTENT AND MATERIALS PROVIDED THROUGH THE SERVICE. FURTHER, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH GGS MAKES NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM GGS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WITHOUT LIMITING THE GENERALITY OF THE SOFTWARE FOREGOING, GGS SHALL NOT BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM LIABLE FOR ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVEDAMAGES TO, OR OTHER DAMAGESVIRUSES THAT MAY INFECT, COSTS OR EXPENSES CUSTOMER’S EQUIPMENT ON ACCOUNT OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPTCUSTOMER’S ACCESS TO, USE OF, OR DELAY BROWSING IN RECEIVING THE SERVICE OR FAILURE CUSTOMER’S DOWNLOADING OF ANY CONTENT OF ANY KIND FROM THE SERVICE. IN ADDITION, GGS RESERVES THE RIGHT TO RECEIVECHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SERVICE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. GGS NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE REPORTSSERVICE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN A GGS AUTHORIZED REPRESENTATIVE WHILE ACTING IN THEIR OFFICIAL CAPACITIES. Multex's and its Contributors shall not have any obligation or liability to BLP or any third party relating toIT IS CUSTOMER’S RESPONSIBILITY TO EVALUATE THE ACCURACY, or arising (i) the supplyingCOMPLETENESS OR USEFULNESS OF ANY INFORMATION, furnishing or the failure to supply or furnish the Reports (including the information contained therein) or ServicesOPINION, (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 practicableADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE.

Appears in 1 contract

Samples: Software Service Agreement

Warranty Disclaimer. BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY AND ALL CLAIMS AND LOSSES AGAINST US RELATING TO OR ARISING FROM YOUR RENTAL OF THE PRODUCTS EQUIPMENT OR SERVICES COVERED BY OUR PERFORMANCE UNDER THE THIS AGREEMENTAGREEMENT OR RENTAL DOCUMENTS, INCLUDING INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO WARRANTIES YOUR PROPERTY, PAVEMENT, BUILDINGS, STRUCTURES, CURBING, DRIVEWAYS, WALKWAYS, LANDSCAPING, FENCING, LOW HANGING WIRES, MAILBOX, ROOTS, BRANCHES, LAWN, XXXXX, IRRIGATION SYSTEMS, SEPTIC SYTEMS, BASEMENTS, FOOTINGS OR UNDERGROUND UTILITIES RELATED TO OR ARISING FROM THE STORAGE OR TRANSPORT OF MERCHANTABILITY THE EQUIPMENT IN, ON, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVERAROUND YOUR PROPERTY, EXPRESSED OR IMPLIEDINCLUDING, INCLUDING WITHOUT LIMITATION, ANY DAMAGE TO YOUR PROPERTY FROM LEAKS OR STAINS RELATING TO YOUR USE OF THE RENTED EQUIPMENT. OUR EQUIPMENT SHALL BE PROVIDED ON AN “AS-IS” BASIS, AND WE MAKE NO WARRANTIES TO YOU, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE USE OR MERCHANTABILITYPURPOSE, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. NEITHER THE CONTRIBUTORS NOR MULTEX MAKES ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACYEQUIPMENT WILL MEET YOUR REQUIREMENTS. SANDWICH LOADS AND MIXED LOADS – Loads are considered mixed when contents must be disposed of at different Facilities or a Facility requires the load to be sorted before they will accept it. Trash and construction debris must be dumped at separate Facilities, VALIDITY OR COMPLETENESS OF THE REPORTSso these loads cannot be mixed. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FORAttempting to dump debris at an incorrect facility may result in fines or penalties which will be passed on to You. If You attempt to conceal a mixed load, INDIRECTit will result in You being charged all costs to rectify the situation, COMPENSATORYplus any fines and fees incurred. We reserve the right to reject any load. CLEAN UP – We will not be held responsible for any debris on the ground or in the immediate vicinity of Our Equipment, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING FROM THIS AGREEMENT, OR BLP'S RECEIPT, USE OF, OR DELAY IN RECEIVING OR FAILURE TO RECEIVE, THE REPORTSexcept for debris which has been properly deposited in Our Equipment. Multex's and its Contributors shall We will not have be responsible for any obligation debris that falls on the ground or liability to BLP or on 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 part of Your property as a result of the Reports removal of Our Equipment. Debris or securities or commodities information and prices, and related market and statistical information and prices displayed, carried or furnished by or through materials that fall on the Services. Multex and Contributors shall ground as a result of normal removal means that it was 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 properly deposited 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 practicableOur Equipment.

Appears in 1 contract

Samples: Services Rendered

Warranty Disclaimer. BLP MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING EVL has made no representation or ------------------- warranty regarding the Leased System. PRIME LESSEE/SUBLESSOR ACKNOWLEDGES AND AGREES THAT EVL IS NOT THE MANUFACTURER OF THE LEASED SYSTEMS, THAT EVL LEASES THE LEASED SYSTEMS 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 CONTRIBUTOR NOR MULTEX MAKE ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, CONCERNING THIS AGREEMENT, THE SERVICES OR EQUIPMENT (IF ANY) PROVIDED HEREUNDER, THE BLOOMBERG-MULTEX RESEARCH SERVICE OR THE REPORTS. THE REPORTS AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED PRIME LESSEE/SUBLESSOR "AS IS" WITH AND THAT EVL MAKES NO WARRANTIES WHATSOEVER. NEITHER WARRANTY, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER INCLUDING, WITHOUT LIMITATION, THE CONTRIBUTORS NOR MULTEX MAKES DESIGN OR CONDITION OF THE LEASED SYSTEMS, THEIR MERCHANTABILITY OR FITNESS OR CAPACITY OR DURABILITY FOR ANY REPRESENTATION PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL OR WARRANTY THE WORKMANSHIP OF THE LEASED SYSTEM OR THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE NOR GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF THE REPORTS. MULTEX AND THE CONTRIBUTORS HEREBY DISCLAIM ANY LIABILITY FOR, INDIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL, LOST PROFITS, PUNITIVELEASED SYSTEM, OR ANY PART OR COMPONENT THEREOF, OR PRIME LESSEE/SUBLESSOR'S USE THEREOF, DOES NOT INFRINGE THE PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER DAMAGES, COSTS OR EXPENSES INTELLECTUAL PROPERTY RIGHT OF ANY KIND ARISING FROM THIS AGREEMENTPERSON. EVL shall have no liability whatsoever for the selection, OR BLP'S RECEIPTquality, USE OFcondition, OR DELAY IN RECEIVING OR FAILURE TO RECEIVEmerchantability, THE REPORTSsuitability, fitness, operation or performance of the Leased Systems. Multex's and its Contributors Without limiting the generality of the foregoing, EVL shall not have any obligation or liability be liable to BLP the Prime Lessee/Sublessor, or any third party relating toofficer, trustee, employee, agent or representative of Prime Lessee/Sublessor, 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 profitsperson with respect to whom a BriteSmile Procedure is performed, for any defaults arising out liabilities, claims, losses, damages (including incidental, consequential and punitive damages) or expenses of this Agreement. Multex maximum any kind or nature (including strict liability hereunder for any other cause not exculpated hereunderin tort) caused, 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 , by any Leased System, or arising out of (i) the interruptionany inadequacy thereof for any purpose, or any deficiency or defect therein, or installation or maintenance thereof, or any repairs, servicing or adjustments thereto; or any delay in providing or failure in connectingto provide any part thereof, transmittingor any interruption or loss of service or use thereof, routingor any loss of business, or any damage whatsoever and howsoever caused, it being understood and acknowledged that EVL has no obligation whatsoever with respect to the delivery, installation, maintenance, repairs, servicing 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 adjustments 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 Leased System or any Third Party for claimspart thereof, 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 practicablereplacement part thereto.

Appears in 1 contract

Samples: Agreement (Britesmile Inc)

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