Common use of Warranty Disclaimer Clause in Contracts

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES.

Appears in 52 contracts

Samples: End User Licensing Agreement, SMS End User License Agreement, Ipc End User Licensing Agreement

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Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN All My Papers Technologies are provided "AS IS." OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KINDAll My Papers does not warrant that the operation of All My Papers Technologies will meet your requirements or operate free from error. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND All My Papers DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONS (CONDITIONS EITHER EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO INCLUDING THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF FITNESS THIRD PARTY RIGHTS. NO ORAL OR SUITABILITY FOR WRITTEN INFORMATION OR ADVICE GIVEN BY All My Papers, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY PURPOSE (WHETHER WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR NOT WE KNOWADVICE. WITHOUT LIMITATION TO THE FOREGOING, HAVE REASON TO KNOWLICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE AND MAKES NO REPRESENTATION OF ANY SUCH PURPOSE)KIND THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU MAY ALSO HAVE NOT RELIED ON ANY WARRANTIESOTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.

Appears in 8 contracts

Samples: Support and Maintenance Agreement, X9 Qualifier, X9 Qualifier Application Software

Warranty Disclaimer. You represent understand and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. agree that THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE SERVICE IS PROVIDED ON AN "AS IS" OR "” AND “AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONSAND THAT CAMCARE ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, WARRANTIES, COVENANTS DELETION OF CONTENT OR CONDITIONS FAILURE BY THE SERVICE. CAMCARE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS WHETHER EXPRESSED OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO INCLUDING, BUT NOT LIMITED TO, THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (IIA) WARRANTIES THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF FITNESS THE SERVICE WILL BE ACCURATE OR SUITABILITY FOR RELIABLE, (D) ANY PURPOSE CONTENT OR INFORMATION YOU PROVIDE OR CAMCARE COLLECTS WILL NOT BE DISCLOSED OR (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF E) ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLEERRORS IN ANY SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESUSE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to You as they relate to implied warranties.

Appears in 5 contracts

Samples: Camcare Membership Program Agreement, Camcare Membership Program Agreement, Camcare Membership Program Agreement

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable lawsSERVICE PROVIDERS MAKE NO WARRANTIES REGARDING THE USE, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORSOPERATION, OR OMISSIONS. WE DISCLAIM ANY PERFORMANCE OF SOFTWARE AND ALL OTHER WARRANTIES AND REPRESENTATIONS (SYSTEMS UTILIZED FOR THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, ORAL AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR WRITTEN) FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT ALLOWABLE BY LAW. SERVICE PROVIDERS HAVE NO LIABILITY WITH RESPECT TO THE ANY SOFTWARE, PREMIUM SUPPORT DATA OR PROFESSIONAL OTHER MATERIALS PROVIDED TO MERCHANT PURSUANT TO THIS AGREEMENT. FURTHER, EXCEPT AS EXPRESSLY SET FORTH HEREIN, SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES WHETHER ALLEGED IT PROVIDES HEREUNDER. SHOULD THERE BE ERRORS, OMISSIONS, INTERRUPTIONS OR DELAYS RESULTING FROM SERVICE PROVIDERS PERFORMANCE OR FAILURE TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE PERFORM OF ANY KIND, SERVICE PROVIDERS’ LIABILITY SHALL BE LIMITED TO CORRECTING SUCH PURPOSE), ERRORS IF AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLETO THE EXTENT THAT DOING SO IS COMMERCIALLY REASONABLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESSERVICE PROVIDERS WILL PERFORM ALL SERVICES IN ACCORDANCE WITH THIS AGREEMENT.

Appears in 5 contracts

Samples: Merchant Agreement, Merchant Agreement, Merchant Agreement

Warranty Disclaimer. You represent and warrant that: (a) all of your authorized users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, orders and other requirements, now or hereafter in effect, of any applicable governmental authority, in your its performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all of your authorized users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (IA) WARRANTIES OF MERCHANTABILITY, (IIB) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE HAS BEEN ADVISED, OR ARE IS OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (IIIC) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES.

Appears in 3 contracts

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

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable lawsZENLAYER, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. AND AUTHOR OF THE SOFTWARE, PREMIUM SUPPORT HEREBY EXPRESSLY DISCLAIM ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND PROFESSIONAL SERVICES ARE ANY RELATED DOCUMENTATION IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WARRANTY OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EITHER EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO INCLUDING, WITHOUT LIMITATION, THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) IMPLIED WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES FITNESS FOR A PARTICULAR PURPOSE. LICENSEE ACCEPTS ANY AND ALL RISK ARISING OUT OF FITNESS USE OR SUITABILITY PERFORMANCE OF THE SOFTWARE. ZENLAYER MAKES NO WARRANTY THAT THE SOFTWARE WILL MEET YOUR REQUIREMENT OR OPERATE UNDER YOUR SPECIFIC CONDITION OF USE. ZENLAYER MAKES NO WARRANTY THAT OPERATION OF THE SOFTWARE WILL BE SECURE, ERROR FREE, OR FREE FROM INTERRUPTION. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY PURPOSE (WHETHER LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE TO MEET YOUR REQUIREMENTS. ZENLAYER WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE LIABLE FOR THE LOSS OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED DATA ON ANY WARRANTIESCOMPUTER OR INFORMATION STORAGE DEVICE.

Appears in 3 contracts

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

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms Subject to the contrary limitations and exceptions set forth in this Agreement, you will remain responsible Allure warrants, that when properly used for acts or omissions of all users the purpose and in the manner authorized by you this Agreement, the Software will, during a Subscription Term, perform substantially in accordance with the specifications set forth in the Documentation. Licensee’s sole and exclusive remedy and Allure’s sole and exclusive obligation under this warranty shall be, at Allure’s sole discretion, (i) for Allure to correct any failure of the same extent Software to perform as if such acts warranted, (ii) for Allure to replace the Software with a new copy or omissions were undertaken by youupdate, or (iii) termination of this Agreement and the licenses granted herein, and a refund of that portion of the prepaid Subscription Fee associated with the unused prepaid portion of the then current Subscription Term. OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE EXPRESS WARRANTY STATED ABOVE, THE SOFTWARE IS PROVIDED “AS IS” AND THE LICENSEE ACCEPTS THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND RESULTS OF USE OF THE SOFTWARE, PREMIUM SUPPORT TECHNOLOGY, DOCUMENTATION, AND PROFESSIONAL SERVICES ARE ANY CONTENT OR RESULTS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT THROUGH THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM AND ALLURE DISCLAIMS ANY AND ALL OTHER WARRANTIES REPRESENTATIONS AND REPRESENTATIONS (WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWAREINCLUDING, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAWBUT NOT LIMITED TO, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) IMPLIED WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, SYSTEM INTEGRATION AND/OR DATA ACCURACY. ALLURE DOES NOT WARRANT THAT THE SOFTWARE, THE CONTENT PROVIDED THROUGH THE SOFTWARE OR ANY OTHER MATERIALS, INFORMATION OR SERVICES PROVIDED BY ALLURE WILL MEET LICENSEE’S REQUIREMENTS OR THAT THEIR OPERATION WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. USE OF FITNESS OR SUITABILITY THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ALLURE IS NOT RESPONSIBLE FOR ANY PURPOSE (WHETHER OR NOT WE KNOWDELAYS, HAVE REASON TO KNOW, HAVE BEEN ADVISEDDELIVERY FAILURES, OR ARE OTHERWISE AWARE OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. FURTHER, LICENSEE UNDERSTANDS AND AGREES THAT THE SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN ANY HIGH-RISK OR HAZARDOUS ENVIRONMENT, WHERE THE FAILURE OR MALFUNCTION OF THE SOFTWARE CAN REASONABLY BE EXPECTED TO RESULT IN DEATH, PERSONAL INJURY, SEVERE PROPERTY DAMAGE OR SEVERE ENVIRONMENTAL HARM. ALLURE SHALL NOT BE LIABLE TO LICENSEE IN ANY SUCH PURPOSE), AND (III) WARRANTIES WAY FOR USE OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESTHE SOFTWARE IN A HIGH RISK ENVIRONMENT.

Appears in 2 contracts

Samples: Allure Security Technology Subscription License Agreement, Allure Security Technology Subscription License Agreement

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by The Products will, for a period of 120 days from the terms date of this Agreement; and (b) you will comply receipt, perform materially in accordance with all applicable lawsthe Products’ documentation. EXCEPT AS SPECIFICALLY PROVIDED IN THE FOREGOING SENTENCE, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES PRODUCTS ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS ,” “WHERE IS,” WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE PRECEDING SENTENCE DOES NOT LIMIT CLIENT’S INDEMNITY OBLIGATIONS UNDER SECTION 1 OF THIS AGREEMENT. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONSClient acknowledges that the Products may not work properly or in accordance with their documentation. WE DISCLAIM ANY Consultant does not warrant that Client’s use of the Products will be uninterrupted or error-free or that any security mechanisms implemented by the Products will not have inherent limitations. THE WARRANTIES HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS (WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CONSULTANT DOES NOT WARRANT THAT THE PRODUCTS WILL OPERATE ERROR-FREE OR WRITTEN) WITHOUT INTERRUPTION, OR THAT THE PRODUCTS WILL BE COMPATIBLE WITH RESPECT OTHER SOFTWARE, OPERATING SYSTEMS OR ENVIRONMENTS, OR EQUIPMENT. CLIENT MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE FULLEST EXTENT PERMITTED BY OPERATION OF LAW, BY REASON THE DURATION AND SCOPE OF CUSTOM OR USAGE IN STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESMAXIMUM EXTENT PERMITTED.

Appears in 2 contracts

Samples: End User License Agreement Terms and Conditions, License Agreement Terms And

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, orders and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE HAS BEEN ADVISED, OR ARE IS OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Warranty Disclaimer. You represent The Content, services, information and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms access to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent Site are provided "as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS ISis" OR "AS AVAILABLE" BASIS and WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO WORLD BOOK DOES NOT WARRANT THAT SOFTWAREANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES THAT DEFECTS WILL BE FREE FROM ALL BUGS, ERRORSCORRECTED, OR OMISSIONS. WE DISCLAIM ANY THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SITE AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT ACCESS TO THE SOFTWARESITE WILL NOT BE INTERRUPTED, PREMIUM SUPPORT DISCONTINUED OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION ERROR-FREE. WORLD BOOK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF LAWTHE USE OF THE SITE IN TERMS OF ITS QUALITY, BY REASON OF CUSTOM OR USAGE IN THE TRADECORRECTNESS, BY COURSE OF DEALING ACCURACY, RELIABILITY, OR OTHERWISE. WORLD BOOK EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, INCLUDING CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES OR MERCHANDISE FOUND ON THIRD-PARTY SITES THAT LINK TO OR FROM THE SITE. WORLD BOOK CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR DOES WORLD BOOK MAKE ANY AND ALL (I) REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON AS TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE THE SECURITY OF ANY SUCH PURPOSE)INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD-PARTY SITES. Some jurisdictions do not allow the exclusion of implied warranties or conditions. Therefore, AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLEthe above may not apply to you. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESIn such jurisdictions, all such warranties and conditions are excluded and disclaimed to the full extent permitted by the law.

Appears in 1 contract

Samples: Terms and Conditions of Use

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. ENC PROVIDES THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "SOFTWARE FOR USE “AS IS" OR "AS AVAILABLE" BASIS ” AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, QUIET ENJOYMENT, INTEGRATION, TITLE, NON- INTERFERENCE AND NON-INFRINGEMENT. WE DO FURTHER, ENC DOES NOT WARRANT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES THE SOFTWARE WILL BE FREE FROM ALL BUGSERROR OR BUGS OR THAT ITS USE WILL BE UNINTERRUPTED OR THAT THE SOFTWARE OR WRITTEN MATERIALS WILL BE CORRECT, ERRORSACCURATE, OR OMISSIONSRELIABLE. WE DISCLAIM ANY THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SHOULD THE SOFTWARE PROVE DEFECTIVE FOLLOWING LICENSE, LICENSEE (AND NOT ENC) ASSUMES THE ENTIRE COST OF ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS NECESSARY SERVICING OR IMPLIEDREPAIR, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWAREEXCEPT AS MAY OTHERWISE BE PROVIDED BY ENC, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISEDA RESELLER, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE)A SUPPORT PROVIDER. The Software is owned by ENC and is protected by Canadian and United States copyright laws and international treaty provisions. Therefore, AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLEyou must treat the Software like any other copyrighted material. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESPaying the license fee allows you the right to use one copy of the Software. You may not modify, adapt, translate, reverse engineer, or disassemble the Software. The Software is for personal use only. Resale of the Software, in any form, in whole or in part, is strictly prohibited. If you violate any part of this agreement, your right to use this Software terminates automatically and you must then destroy all copies of the Software in your possession.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimer. You represent and warrant that: KLAS warrants that the SOFTWARE will, for a period of sixty (a60) all users authorized by you will abide by days from the terms date of this Agreement; and (b) you will comply your receipt, perform substantially in accordance with all applicable lawsSOFTWARE written materials accompanying it. EXCEPT AS EXPRESSLY SET FORTH IN THE FOREGOING, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. KLAS PROVIDES THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN SOFTWARE "AS IS" OR "AS AVAILABLE" BASIS AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, QUIET ENJOYMENT, INTEGRATION, TITLE, NON-INTERFERANCE AND NON- INFRINGEMENT. WE DO FURTHER, KLAS DOES NOT WARRANT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES THE SOFTWARE WILL BE FREE FROM ALL BUGSBUGS OR THAT IT’S USE WILL BE UNINTERRUPTED OR THAT THE SOFTWARE OR WRITTEN MATERIALS WILL BE CORRECT, ERRORSACCURATE, OR OMISSIONSRELIABLE. WE DISCLAIM ANY THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SHOULD THE SOFTWARE PROVE DEFECTIVE FOLLOWING LICENSE, ORDERING ACTIVITY (AND NOT KLAS) ASSUMES THE ENTIRE COST OF ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS NECESSARY SERVICING OR IMPLIEDREPAIR, ORAL EXCEPT AS MAY OTHERWISE BE PROVIDED BY A KLAS RESELLER OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESPROVIDER.

Appears in 1 contract

Samples: Software License Agreement

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT THE SAAS SERVICES AND PROFESSIONAL SERVICES THE API ARE PROVIDED ON AN "AS IS" OR "” AND “AS AVAILABLE" BASIS ,” WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WARRANTY OF ANY KIND. WE DO NOT WARRANT THAT SOFTWAREPERSONALIZED SOFTWARE MAKES NO REPRESENTATIONS OR WARRANTIES, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) IN CONNECTION WITH RESPECT TO THIS AGREEMENT, THE SOFTWARE, PREMIUM SUPPORT THE SAAS SERVICES OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION THE API. WITHOUT LIMITING THE FOREGOING, PERSONALIZED SOFTWARE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF LAWMERCHANTABILITY, BY REASON OF CUSTOM OR USAGE IN THE TRADEFITNESS FOR A PARTICULAR PURPOSE, BY NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR OTHERWISEUSAGE OF TRADE. We make no warranty that the Software, INCLUDING ANY AND the SaaS Services or the API will meet your requirements or that the SaaS Services will be available on an uninterrupted, secure, or error-free basis. Personalized Software will have no liability arising out of or in connection with any errors or omissions in any Center Content provided to Personalized Software by you in connection with the SaaS Services; or any actions taken by Personalized Software at your direction; or your or any Authorized User’s use of any third-party products, services, software or websites, however accessed. NEITHER PERSONALIZED SOFTWARE NOR ITS LICENSORS ARE RESPONSIBLE FOR YOUR OR YOUR AUTHORIZED USERS’ OR PARENTS’ CONDUCT OR YOUR PROVISION OF CHILDCARE SERVICES. WITHOUT LIMITING THE FOREGOING, PERSONALIZED SOFTWARE DISCLAIMS ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY LIABILITY FOR ANY PURPOSE (WHETHER CLAIM, PERSONAL INJURY OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE PROPERTY DAMAGE ARISING IN CONNECTION WITH YOUR PROVISION OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESCHILDCARE SERVICES.

Appears in 1 contract

Samples: Enterprise Services and Software License Agreement

Warranty Disclaimer. You represent and warrant thatEXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, ALL SERVICES ARE PROVIDED “AS IS”, AND, TO THE EXTENT LEGALLY PERMISSIBLE, 1KONNECTION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ORAL OR WRITTEN, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SERVICES WILL BE TIMELY, UNINTERRUPTED, OR ERROR-FREE. FURTHER, 1KONNECTION MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. 1KONNECTION RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITES AND CONTENT PROVIDED ON OR THROUGH THE SITES AT ANY TIME WITHOUT NOTICE. Without limiting the foregoing, we are not responsible or liable for: (a) all users authorized by you will abide by any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the terms Site; (b) the availability of this Agreementtelecommunication services from your provider and access to the Site at any time or from any location; (c) any loss, damage or security intrusion of the telecommunication services; and (bd) any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the accuracy, timeliness, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site and Service, including, without limitation, content associated with your use of the Site or Service. You acknowledge and agree that you will comply with all applicable lawsnot hold or seek to hold the 1Konnection Group responsible for the content provided by any third party, regulationsincluding, ruleswithout limitation, ordersany translation thereof, and other requirements, now you further acknowledge and agree that the 1Konnection Group are not a party to any agreement or hereafter in effect, transaction between those using the Service. The 1Konnection Group has no control over and does not guarantee the safety of any applicable governmental authorityagreement or transaction or the truth or accuracy of any Listing or other Content provided on the Site. The content on the Site may contain typographical errors or other errors or inaccuracies, in your performance of this Agreementand may not be complete or current. Notwithstanding 1Konnection reserves the right to correct any terms to the contrary in this Agreementerrors, you will remain responsible for acts inaccuracies, or omissions of all users authorized by you and to the same extent as if change or update information at any time without prior notice to you. 1Konnection will not, however, guarantee that any such acts errors, inaccuracies, or omissions were undertaken by youwill be corrected. THE SOFTWARE1Konnection reserves the right to refuse to provide any aspect of the Service that is based on inaccurate or erroneous information on the Site, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONSincluding, WARRANTIESwithout limitation, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWAREincorrect or out-of-date information, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESor for any other lawful reason.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimer. The contents on this platform have been compiled by us from internal and external sources. While we have made attempts to provide accurate and valid information on our site, no representation is made or warranty given as to the validity, completeness, or accuracy of the contents. In particular, you should be aware that the contents may be incomplete, may contain errors, or may have become out of date. You represent and warrant that: (a) all users authorized should therefore verify information obtained from the site before you take any action upon it. No advice or information, whether oral or written, obtained by you will abide by the terms of this Agreement; and (b) you will comply with all applicable lawsfrom us, regulations, rules, orders, and other requirements, now or hereafter in effect, of shall create any applicable governmental authority, in your performance of this Agreementwarranty not expressly made herein. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. OUR SITE AND THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SITE SERVICES ARE PROVIDED “AS AVAILABLE” AND ON AN "AS “AS-IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WARRANTIES, COVENANTS OR CONDITIONS WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION, ACCESSIBILITY, OR SECURITY OF THIS SITE, AND THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. WE DO NOT WARRANT THAT SOFTWAREGUARANTEE CONTINUOUS, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORSUNINTERRUPTED, OR OMISSIONS. WE DISCLAIM ANY SECURE ACCESS TO ITS SERVICES, AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, OUR SITE MAY BE INTERFERED WITH BY REASON NUMEROUS FACTORS OUTSIDE OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES.OUR CONTROL

Appears in 1 contract

Samples: www.wegoassemble.com

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by The Company makes no representations or warranties concerning any Content contained in or accessed through the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, ordersServices, and other requirementsthe Company shall not be responsible or liable for the accuracy, now copyright compliance, legality, or hereafter decency of material contained in effect, or accessed through the Services. The Sensor Platform is provided “AS IS” and without any warranty of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to kind from the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by youCompany. THE SOFTWARE, PREMIUM SUPPORT SERVICES AND PROFESSIONAL SERVICES CONTENT ARE PROVIDED BY THE COMPANY ON AN "AS “AS-IS" OR "” AND “AS AVAILABLE" BASIS ” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EITHER EXPRESS OR IMPLIED, ORAL INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO EQUIPMENT OR WRITTEN) WITH RESPECT TO SERVICES LISTED ON THE SOFTWAREWEBSITE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) IMPLIED WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOWA PARTICULAR PURPOSE, HAVE REASON TO KNOW, HAVE BEEN ADVISEDNON-INFRINGEMENT, OR ARE OTHERWISE AWARE THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET USER’S REQUIREMENTS; THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR THAT THE QUALITY OF ANY SUCH PURPOSE)EQUIPMENT OR THE USE OF THE SERVICES WILL MEET USER’S EXPECTATIONS. THE COMPANY MAKES NO GUARANTEES, AND (III) WARRANTIES OF NONINFRINGEMENT REPRESENTATIONS OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY WARRANTIESCONTENT AVAILABLE THROUGH THE SERVICES.

Appears in 1 contract

Samples: Beta Test Agreement

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by EVL has made no representation or ------------------- warranty regarding the terms of this Agreement; and (b) you will comply with all applicable lawsLeased System. PRIME LESSEE/SUBLESSOR ACKNOWLEDGES AND AGREES THAT EVL IS NOT THE MANUFACTURER OF THE LEASED SYSTEMS, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THAT EVL LEASES THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN LEASED SYSTEMS TO PRIME LESSEE/SUBLESSOR "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONSAND THAT EVL MAKES NO WARRANTY, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT AS TO ANY MATTER WHATSOEVER INCLUDING, WITHOUT LIMITATION, THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT DESIGN OR CONDITION OF TITLETHE LEASED SYSTEMS, THEIR MERCHANTABILITY OR FITNESS OR CAPACITY OR DURABILITY FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL OR THE WORKMANSHIP OF THE LEASED SYSTEM OR THAT THE LEASED 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 INTELLECTUAL PROPERTY RIGHT OF ANY PERSON. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESEVL shall have no liability whatsoever for the selection, quality, condition, merchantability, suitability, fitness, operation or performance of the Leased Systems. Without limiting the generality of the foregoing, EVL shall not be liable to the Prime Lessee/Sublessor, or any officer, trustee, employee, agent or representative of Prime Lessee/Sublessor, or to any person with respect to whom a BriteSmile Procedure is performed, for any liabilities, claims, losses, damages (including incidental, consequential and punitive damages) or expenses of any kind or nature (including strict liability in tort) caused, directly or indirectly, by any Leased System, or any 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 to provide any part thereof, or any interruption or loss of service or use thereof, or 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 adjustments of the Leased System or any part thereof, or any replacement part thereto.

Appears in 1 contract

Samples: Agreement (Britesmile Inc)

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED PRODUCT IS FURNISHED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONSBASIS, AND PUBLISHER DISCLAIMS ALL WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR WRITTEN) WITH RESPECT TO THE SOFTWAREOF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, PREMIUM SUPPORT AND ANY WARRANTIES ARISING BY STATUTE OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF OTHERWISE IN LAW, BY REASON OF CUSTOM EQUITY, OR USAGE IN THE TRADE, BY FROM A COURSE OF DEALING OR OTHERWISEUSAGE OF TRADE. PUBLISHER SPECIFICALLY DOES NOT WARRANT THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS; WILL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; THAT THE OPERATION OR OUTPUT OF THE PRODUCT WILL BE ERROR-FREE, INCLUDING ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; OR THAT ANY AND OR ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS ERRORS OR SUITABILITY DEFECTS IN THE PRODUCT WILL BE CORRECTED. YOU USE THE PRODUCT AT YOUR OWN RISK. NEITHER AUTODESK NOR PUBLISHER SHALL BE LIABLE FOR ANY PURPOSE (WHETHER DAMAGES WHATSOEVER ARISING FROM OR NOT WE KNOWRELATING TO YOUR USE OR INABILITY TO USE THE PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PUBLISHER OR AUTODESK SHALL CREATE A WARRANTY. SHOULD THE PRODUCT PROVE DEFECTIVE, HAVE REASON TO KNOWYOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, HAVE BEEN ADVISEDREPAIR, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE)CORRECTION. Some states and jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESso the above limitations and exclusions may not apply to you.

Appears in 1 contract

Samples: License Agreement

Warranty Disclaimer. WE MAKE NO WARRANTY EXPRESS OR IMPLIED, INCLUDING THAT THE EQUIPMENT IS FIT FOR A PARTICULAR PURPOSE OR THAT THE EQUIPMENT IS MERCHANTABLE. YOU AGREE THAT YOU HAVE SELECTED EACH ITEM OF EQUIPMENT BASED UPON YOUR OWN JUDGMENT AND DISCLAIM ANY RELIANCE UPON ANY STATEMENTS OR REPRESENTATIONS MADE BY US. WE ARE LEASING THE EQUIPMENT TO YOU “AS-IS”. You represent acknowledge that none of Supplier or their representatives are our agents and warrant that: (a) all users none of them are authorized by you will abide by to modify the terms of this Agreement; Agreement or on any Schedule. No representation or warranty of Supplier with respect to the Equipment will bind us, nor will any breach thereof relieve you of any of your obligations hereunder. You are aware of the name of the manufacturer or supplier of each item of Equipment and (b) you will comply contact the manufacturer or supplier for a description of your warranty rights. You hereby acknowledge and confirm that you have not received any tax, financial, accounting or legal advice from us, the manufacturer or Supplier of the Equipment. THIS AGREEMENT AND EACH SCHEDULE CONSTITUTES A “FINANCE LEASE” AS DEFINED IN ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE. You agree that any manufacturer or Supplier warranty is a separate and independent obligation of Supplier to you, that no assignee of the Lessor shall have any obligation to you with all applicable lawsrespect to such warranty and that your obligations under this Agreement are not subject to setoff, regulationswithholding, rulesreduction, orderscounterclaim or defense for any reason whatsoever including, and other requirementswithout limitation, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, claim you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESmay have against Supplier.

Appears in 1 contract

Samples: Master Premier Lease Agreement

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY SOFTWARE WARRANTY IS IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (COVENANTS, EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARESOFTWARE AND DOCUMENTATION. EXCEPT FOR THE EXPRESS LIMITED WARRANTY STATED ABOVE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED THE SOFTWARE AND DOCUMENTATION ARE PROVIDED “AS IS”. TO ARISE BY OPERATION OF THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BY REASON QUANTUM EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF CUSTOM ANY KIND, EXPRESS OR USAGE IN IMPLIED, WITH RESPECT TO THE TRADESOFTWARE AND DOCUMENTATION, BY INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE, SATISFACTORY QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL USAGE OF TRADE. USE OF THE SOFTWARE BY CUSTOMER IS AT CUSTOMER’S SOLE RISK. Quantum makes no representation or warranty (Ii) WARRANTIES OF MERCHANTABILITYthat the Software will meet Licensee’s requirements, (IIii) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE that all errors, defects, or malfunctions have been or can be eliminated from the Software, (WHETHER OR NOT WE KNOWiii) that the Software is free or errors, HAVE REASON TO KNOWdefects, HAVE BEEN ADVISEDviruses or malfunctions, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE)or that the Software will operate without interruption, AND or (IIIiv) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLEthat the Software will operate with other hardware, software, systems or data, and Quantum shall in any event not be responsible for losses of any kind resulting from the use of the Software, including, without limitation, any liability for business expense, machine downtime, loss of or corruption to data, or damages caused to Licensee or third parties by any deficiency, defect, error or malfunction. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESThe Software Warranty applies only to the original Licensee and is not transferable to any third party or assignee of Licensee.

Appears in 1 contract

Samples: End User License Agreement

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Warranty Disclaimer. You represent Abbott represents and warrant that: 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 (awithout investigation) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authorityclaim of right to, in your performance 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 this Agreement. Notwithstanding any terms the third- party agreements related to the contrary in this Agreementprocurement of the first [ * ] Supplied Compounds. OTHER THAN AS SPECIFICALLY SET FORTH IN THIS SECTION 15, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWAREABBOTT MAKES NO REPRESENTATIONS OR WARRANTIES RESPECTING ITS PROVISION OF SUPPLIED COMPOUNDS AND RELATED INFORMATION TO ICOS, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONSITS OTHER ACTIVITIES UNDER THIS SECTION 15, AND SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARERELATING THERETO, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAWINCLUDING, BY REASON OF CUSTOM OR USAGE IN THE TRADEBUT NOT LIMITED TO, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES FITNESS FOR A PARTICULAR OR SPECIAL PURPOSE, PATENTABILITY AND NONINFRINGEMENT. IN NO EVENT SHALL ABBOTT SUFFER OR INCUR ANY DAMAGES OR LIABILITIES OF FITNESS 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 SUITABILITY CONTINGENT DAMAGES, NOR SHALL ABBOTT BE LIABLE TO ICOS FOR ANY PURPOSE (WHETHER OF ITS LOST PROFITS ARISING FROM XXXXXX'X FAILURE TO SUPPLY THE SUPPLIED COMPOUNDS OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE ANY OTHER BREACH OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESTHIS SECTION 15.

Appears in 1 contract

Samples: License Agreement (Icos Corp / De)

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of Unless Siemens agrees in a separate writing to provide an exception to this Agreement; and (b) you will comply warranty disclaimer with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms respect to the contrary Software Siemens shall be only liable for defects and any violation of property rights as set forth in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent Clause as if such acts or omissions were undertaken by you. follows: YOU ACKNOWLEDGE THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE SOFTWARE IS PROVIDED ON AN "AS IS" ” AND NEITHER SIEMENS NOR ANY OF THE LICENSORS MAKE ANY REPRESENTATION OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR THE PARTICULAR PURPOSE OR THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY SIEMENS OR THEIR LICENSOR OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN) WITH RESPECT WRITTEN IN- FORMATION OR ADVICE GIVEN BY A SIEMENS REPRESENTATIVE SHALL CREATE A WARRANTY OF IN ANY WAY AFFECT THIS DISCLAIMER. YOU ASSUME ALL RESPONSIBILITY TO ACHIEVE YOUR INTENDED RE- SULTS AND FOR THE SOFTWAREINSTALLATION, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAWUSE, BY REASON OF CUSTOM OR USAGE AND RESULTS OBTAINED FROM IT. THIS EXCLUSION SHALL NOT APPLY IN THE TRADEEVENT OF GROSS NEGLIGENCE, BY COURSE OF DEALING UNLAWFUL INTENT OR INSOFAR AS MANDATORY LAW PROVIDES OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by The parties acknowledge that the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "Services are provided “AS IS" ”. EXCEPT FOR ANY EXPRESS WARRANTIES SET FORTH HEREIN, CORONA AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL (AND HAVE NOT AUTHORIZED ANYONE TO MAKE ANY) WARRANTIES RELATING TO THE SERVICES OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONSOTHER SUBJECT MATTER OF THIS AGREEMENT, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER CORONA NOR ITS SUPPLIERS OR WRITTEN) LICENSORS MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THAT THE SERVICES WILL BE ERROR-FREE OR AVAILABLE AT ANY GIVEN TIME.8. Limitation of Remedies and Damages. NEITHER CORONA NOR ITS SUPPLIERS OR LICENSORS SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO THE SOFTWAREANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY pertaining to the subject matter hereof, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAWand any and all written or oral agreements heretofore existing between the parties hereto and related to the subject matter hereof are expressly canceled. Customer shall indemnify and hold harmless Corona from any and all claims, BY REASON OF CUSTOM OR USAGE IN THE TRADEliabilities, BY COURSE OF DEALING OR OTHERWISEdamages and/or costs (including but not limited to, INCLUDING ANY AND ALL reasonable attorneys’ fees) arising in connection with (Ii) WARRANTIES OF MERCHANTABILITYany breach of this Agreement by Customer, (IIii) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE Customer’s Applications, or (WHETHER OR NOT WE KNOWiii) Customer’s use of the Services. The parties agree that the provisions of this Agreement are intended for the benefit of, HAVE REASON TO KNOWand are enforceable solely by, HAVE BEEN ADVISEDthe other party. Nothing in this Agreement shall be construed as giving any other person any right, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESremedy or claim under or in respect of this Agreement or any provision hereof.

Appears in 1 contract

Samples: docshare04.docshare.tips

Warranty Disclaimer. The Software is made available to you free of charge. You represent may be entitled to warranties, conditions and warrant that: (a) all users authorized terms that may not be excluded or limited by you will abide by the terms of this Agreement; and (b) you will comply with all applicable lawsAdobe under law. EXCEPT FOR THOSE NON-EXCLUDABLE WARRANTIES, regulationsCONDITIONS AND TERMS, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT ADOBE ONLINE SERVICES AND PROFESSIONAL THIRD PARTY ONLINE SERVICES ARE PROVIDED ON AN "MADE AVAILABLE “AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY .” EXCEPT FOR THOSE NON-EXCLUDABLE WARRANTIES, CONDITIONS AND TERMS, ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, WARRANTIES, COVENANTS GUARANTEES OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS TERMS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWAREWHETHER BY STATUTE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF COMMON LAW, BY REASON OF CUSTOM OR CUSTOM, USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE) AS TO ANY MATTER INCLUDING PERFORMANCE, INCLUDING ANY AND ALL (I) WARRANTIES OF RESULTS, SECURITY, NONINFRINGEMENT, MERCHANTABILITY, (II) WARRANTIES OF INTEGRATION, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME STATES. YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ADOBE DOES NOT WE KNOWSEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. These exclusions and limitations will apply to the maximum extent permitted by applicable law, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLEeven if any remedy fails its essential purpose. Adobe provides no support services for the Software. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON THAT: ADOBE HAS NO EXPRESS OR IMPLIED OBLIGATION TO CONTINUE TO MAKE THE SOFTWARE OR ANY WARRANTIESFEATURE THEREOF AVAILABLE NOR INTRODUCE ANY PRODUCTS OR SERVICES COMPATIBLE WITH THE SOFTWARE.

Appears in 1 contract

Samples: Disclaimer and Software License Agreement

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable lawsTHE FOREGOING EXPRESS WARRANTIES ARE IN LIEU OF ALL LIABILITIES OR OBLIGATIONS ON THE PART OF RSA. OTHER THAN THE EXPRESS WARRANTIES MADE BY RSA AS SET FORTH IN THIS XXXXXXX 0, regulationsXXX AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AS TO ANY MATTER WHATSOEVER, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EITHER EXPRESS OR IMPLIED, ORAL (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). YOUR SOLE REMEDY FOR BREACH OF SUCH EXPRESS LIMITED WARRANTIES SHALL BE A CORRECTION, FIX OR WRITTEN) WITH RESPECT REFUND AS SET FORTH IN THIS SECTION 4. This warranty gives You specific legal rights. As some jurisdictions do not allow the exclusion of implied conditions or warranties, statutory or otherwise, the above exclusion may not apply to you and, as such, You may also have other rights that vary from jurisdiction to jurisdiction. Any and all related warranty issues and subsequent support issues shall be directed to the party that You purchased this license from, unless, in the case of support matters, You have entered into a separate support service contract directly with RSA. YOU UNDERSTAND THAT, IF YOU PURCHASED THis PACKAGE FROM AN AUTHORIZED RESELLER OF RSA, SUCH RESELLER IS NOT RSA'S AGENT AND IS NOT AUTHORIZED TO THE SOFTWAREMAKE ANY REPRESENTATIONS, PREMIUM SUPPORT CONDITIONS OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAWWARRANTIES, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING STATUTORY OR OTHERWISE, INCLUDING ON RSA'S BEHALF NOR TO VARY ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT. IN ADDITION, YOU ACKNOWLEDGE THAT, UNLESS OTHERWISE AGREED BY SUCH RESELLER IN WRITING OR IF PROHIBITED BY LAW, THE LIMITATIONS OF CONDITIONS AND ALL (I) WARRANTIES OF MERCHANTABILITYWARRANTIES, (II) WARRANTIES OF FITNESS STATUTORY OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE)OTHERWISE, AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE LIABILITY SET FORTH IN THIS AGREEMENT ALSO APPLY TO AND AGREE BENEFIT THAT YOU HAVE NOT RELIED ON ANY WARRANTIESRESELLER.

Appears in 1 contract

Samples: License Agreement (Rsa Security Inc/De/)

Warranty Disclaimer. You represent and warrant that: If you live in a region that does not permit the disclaimers of warranties or exclusions or limitations of liability set out in section 11 below (a) all users authorized by which may be the case if you are a consumer residing in Quebec), these exclusions or limitations will abide by the terms of this Agreement; and (b) you will comply with all applicable lawsnot apply to you, regulationsbut only insofar as they are not permitted. In such cases, rules, orders, and other requirements, now such exclusions or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms limitations are limited to the contrary in this Agreementfull extent permitted by applicable legislation. ALL INFORMATION (INCLUDING TEXT, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. IMAGES, GRAPHICS, LINKS AND OTHER MATERIAL) ON THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE WEBSITE IS PROVIDED ON AN "AS IS" OR "” AND “AS AVAILABLE" BASIS WITHOUT .” THE COMPANY, ANY REPRESENTATIONSOF ITS SUBSIDIARIES, WARRANTIESANY MEMBER OF THE BOARD OF DIRECTORS, COVENANTS ITS OFFICERS, PERSONNEL, PARTNERS, VENDOR LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM HEREIN, TO THE EXTENT PERMITTED BY LAW, ANY REPRESENTATION, CONDITION OR CONDITIONS WARRANTY OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGSWHETHER LEGAL, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS EXPRESSED OR IMPLIED, ORAL NAMELY ARISING BY LAW OR WRITTEN) WITH RESPECT TO BY STATUTE, OR BY THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISEUSAGE OF TRADE, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OF OWNERSHIP, OF NON-INFRINGEMENT OR OF THE OPERATION OF THIS WEBSITE, OF THE CONTENT OR USER CONTENT. NEITHER THE COMPANY OR ANY OF ITS SUBSIDIARIES, A MEMBER OF THE BOARD OF DIRECTORS, ITS OFFICERS, PERSONNEL, PARTNERS, VENDOR LICENSORS AND ALL AFFILIATES WARRANT OR REPRESENT THAT (I) WARRANTIES OF MERCHANTABILITY, THE SITE WILL SATISFY YOUR REQUIREMENTS (II) WARRANTIES OF FITNESS OR SUITABILITY FOR THE SITE WILL BE AVAILABLE WITHOUT INTERRUPTION, AT THE RIGHT TIME, WILL BE SECURE AND NOT HAVE ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISEDERRORS, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF NONINFRINGEMENT THE SITE, INCLUDING THE INFORMATION AND MATERIALS ON THIS WEBSITE, WILL BE ACCURATE, COMPLETE, RELIABLE OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESWILL OTHERWISE MEET YOUR REQUIREMENTS.

Appears in 1 contract

Samples: Terms of Use

Warranty Disclaimer. You represent Compass represents and warrant that: warrants that (ai) all users authorized by you will abide by the terms of this Agreement; Hardware shall be in good working order when the same is delivered to the Customer and (bii) you will comply with all applicable laws, regulations, rules, orders, Compass and/or the seller of the Hardware is able to deliver good and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms marketable title to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you Hardware to the same extent Customer. Except as if such acts provided above, Customer hereby acknowledges and agrees that Compass makes no additional representation or omissions were undertaken by youwarranty with respect to the condition of the Hardware. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "HARDWARE IS SOLD “AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ” AND “WITH ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY FAULTS” AND COMPASS EXPRESSLY DISCLAIMS ALL OTHER AND MAKES NO WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWAREANY HARDWARE AND/OR SERVICES PROVIDED HEREUNDER, PREMIUM SUPPORT EXCEPT AS PROVIDED HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) OTHER WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT THE HARDWARE DOES NOT GUARANTEE ANY CRYPTOCURRENCY MINING TIME, AND COMPASS SHALL NOT BE LIABLE TO CUSTOMER FOR ANY PURPOSE (WHETHER CRYPTOCURRENCY MINING TIME LOSS OR MINING REVENUE LOSS THAT MAY BE CAUSED BY DOWNTIME OF ANY PART OR COMPONENT OF THE HARDWARE. COMPASS DOES NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISEDWARRANT THAT THE HARDWARE WILL MEET THE CUSTOMER’S EXPECTATIONS OR REQUIREMENTS OR THAT THE HARDWARE WILL BE UNINTERRUPTED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESERROR FREE.

Appears in 1 contract

Samples: Hardware Purchase Agreement

Warranty Disclaimer. 11.1. GYTPOL warrants to You represent that (a) the Software as a Service will materially perform the functions described in the Documentation for the License Term; (b) the functionality and warrant thatsecurity of the Software as a Service will not be materially decreased during the License Term; (iii) GYTPOL will employ then-current industry standard measures to test the Software as a Service to detect and remediate malicious code intended to negatively impact the operation or performance of the Software as a Service; (iv) it has and will have all rights, titles, licenses, intellectual property, permissions and approvals necessary in connection with its performance under this Agreement and to grant You the rights granted hereunder and (v) it shall (and the Software as a Service shall) comply with any applicable Federal, state and local laws and regulations applicable to its performance under this Agreement (the “Warranty” and “Warranty Period“, respectively). The Warranty will be subject to the Software as a Service: (a) having been properly installed and used at all users authorized by you will abide by times in accordance with the terms of this Agreementapplicable Documentation; and (b) you will comply with all applicable laws, regulations, rules, ordersnot having been modified by persons other than GYTPOL or its authorized representatives. Your sole remedy, and other requirementsXXXXXX’s entire obligation and liability, now for a Warranty claim under this Section 11 (Warranty; Disclaimer) will be for GYTPOL to make commercially reasonable efforts to provide a fix, patch or hereafter workaround (which may be included in effecta future Update) for reproducible defects in the Software as a Service reported to GYTPOL in writing, all at no additional charge to You; provided, however, that (A) the Warranty claim is made in writing within the Warranty Period; and (B) GYTPOL determines that the defect is not due to any misuse, abuse, neglect, negligence, or unauthorized repair or modification of the Software or Software as a Service by You. If terms A and B have been met, and GYTPOL determines that it cannot correct the reproducible defect in the Software as a Service in a commercially reasonable way, it may inform You so in writing, and following such written notice, You may end the use of the Software as a Service, and if You pre-paid any applicable governmental authorityfees for the period after such termination date, receive a pro-rated refund for the remainder of the License Term. For the avoidance of doubt no warranty in your performance of this Agreement. Notwithstanding any terms provided with respect to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESa Trial License.

Appears in 1 contract

Samples: Please

Warranty Disclaimer. You represent and warrant thatTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT litsentse xx xxxx õigused, mida ei ole käesolevas dokumendis sõnaselgelt lubatud, on seega kaitstud. Te nõustute ka sellega, et N21-l on vabadus kasutada ja rakendada mistahes viisil Tagasisides sisalduvaid ideid, kontseptsioone, oskusteavet ja tehnoloogiaid xx xxxx mistahes eesmärgil, xxxx et selleks xxxxx xxxx Xxxx või kolmanda isiku nõusolekut, samuti xxxx xxxxx eest Teile või kolmandale isikule mingisugust tasu maksmata. Te mõistate ja tunnustate xx xxxx, et juhul xxx xxxxxx isik esitab Xxxx vastu nõude, et Rakendused (või teie käsutuses või kasutuses olevad Rakendused) rikuvad kolmanda isiku intellektuaalse omandi õigusi, siis on N21-l xx xxxxx ühelgi mobiiliplatvormi operaatoril, ainuvastutus asja uurimise eest, kaitse korraldamise eest, küsimusele lahenduse leidmise eest või intellektuaalse omandi rikkumise nõude suhtes süüst vabastamise eest. 8. Toodetel esitatud väited/nõuded. Te mõistate ja tunnustate, et pärast Rakenduste või Teie käsutuses ja kasutuses olevate Rakenduste osas tuvastatud väidete/nõuete korral on N21 xx xxxxx ükski mobiilioperaator vastutav tegelema väidetega/nõuetega, mis on seotud (kuid ei pruugi piirduda) järgmiste asjaoludega: (ai) tootevastutusega seotud nõuded; (ii) mistahes väide, et Rakendused xx xxxxx kohaldatavatele õigusnormidele; ja/või (iii) nõuded, mis tekivad seoses tarbijakaitsega või sarnaste õigusaktidega. 9. Xxxxxxx ja klienditugi. Te mõistate ja tunnustate, et N21 ei ole xxxxx XXXX raames mingit kohustust pakkuda seoses Rakendustega mistahes tehnilist tuge või hooldust. Me jätame endale õiguse pakkuda teatud tugiteenuseid (kui üldse), mida sooritatakse üksnes Poolte vahel sõlmitud eraldi kirjaliku kokkuleppe alusel. N21 võib otsustada pakkuda enda äranägemise järgi, kuid mitte kohustuslikus korras, mõningaid põhilisi tugiteenuseid (näit. e-posti tugi, uuendused, ajakohastamised või vigade kõrvaldamine). Veelgi enam, Te mõistate ja nõustute, et N21-l (või selleks volitatud äripartneritel) on ainuvastutus pakkuda Rakendustega seotud hooldus- ja tugiteenuseid ning ühelgi mobiiliplatvormi operaatoril ei ole mingit kohustust viia läbi mistahes Rakendustega seotud või N21 nimel teostatavaid hooldus- või tugitöid. NB! Te olete teadlik ja nõustute, et tarbija õigus taganeda sellest veebipõhisest lepingust (XXXX) ei kohaldu digitaalset sisu pakkuvate lepingute puhul, mida ei ole koostatud füüsilisel andmekandjal, pärast xxxx xxx teenuse osutamine on tarbija sõnaselgel nõusolekul juba alanud. 10. Lepingu lõpetamine. Litsents on jõus, kuni see lõpetatakse Teie või N21 poolt. Teie õigused selle litsentsi all users authorized by you will abide by the terms of this Agreement; and tegutseda lõpevad automaatselt ja xxxx eelneva hoiatuseta N21-lt juhul, kui te ei järgi selle litsentsi mistahes tingimust/tingimusi. Litsentsi lõpetamise korral tuleb teil Rakenduste kasutamisest loobuda, hävitada kõik Rakenduste koopiad, nii täielikud kui osalised, ja Rakendused oma mobiilseadmest kustutada või deinstalleerida. 11. Garantiist loobumine. KOHALDATAVATE ÕIGUSAKTIDEGA LUBATUD ULATUSES EDASTATAKSE RAKENDUSI JA NENDE POOLT PAKUTUD VÕI TEOSTATUD TEENUSEID (b„TEENUSED“) you will comply with all applicable laws„NII NAGU NAD ON“ VÕI „SAADAVUSE PIIRES“, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this AgreementXXXX XXXX KÕIGI PROBLEEMIDEGA JA XXXX IGASUGUSE GARANTIITA. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS SEEGA LOOBUB N21 KÄESOLEVAGA IGASUGUSE WARRANTY OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM AND N21 HEREBY DISCLAIMS ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) CONDITIONS WITH RESPECT TO THE SOFTWAREAPPLICATION AND ANY SERVICES, PREMIUM SUPPORT EITHER EXPRESS, IMPLIED OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAWSTATUTORY, BY REASON OF CUSTOM INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES CONDITIONS OF MERCHANTABILITY, (II) WARRANTIES OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND FREEDOM FROM PATENT INFRINGEMENT OR SUITABILITY FOR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. N21 DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY N21 OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. THERE IS NO PROMISE OR REPRESENTATION THAT YOU CAN MAKE A CERTAIN AMOUNT OF MONEY, OR ANY PURPOSE (WHETHER MONEY, OR NOT WE KNOWLOSE MONEY, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE AS A RESULT OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLEUSING THE APPLICATIONS. YOU ACKNOWLEDGE UNDERSTAND AND AGREE THAT YOU MOBILE PLATFORM OPERATORS DO NOT HAVE AN OBLIGATION TO REFUND ANY PURCHASE PRICE FOR THE APPLICATION AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOBILE PLATFORM OPERATORS HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION, AND/OR ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY. 12. Limitation of liability. TO THE EXTENT NOT RELIED PROHIBITED BY LAW, IN NO EVENT SHALL N21 (OR ITS AFFILIATES, SUBSIDIARIES, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES) BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL GARANTII ANDMISEST SEOSES RAKENDUSTEGA JA MISTAHES TEENUSTEGA, XXXX XXX OTSESELT KUI KAUDSELT VÕI SEADUSEGA ETTENÄHTUD KORRAS. SEE HÕLMAB KA (KUID MITTE AINULT) TAGATISI JA/VÕI TINGIMUSI, MIS PUUDUTAVAD TURUSTATAVUST, RAHULDAVAT KVALITEETI, SOBIVUST TEATUD EESMÄRGI SAAVUTAMISEKS, TÄPSUST VÕI TEENUSE HÄIRIMATUT KASUTAMIST JA KOLMANDATE ISIKUTE ÕIGUST PATENTI RIKKUDA VÕI MITTE RIKKUDA. N21 EI XXXX TAGATIST SEKKUMISTE PUHUL TEIE RAKENDUSE KASUTAMISE OSAS EGA SELLES OSAS, KAS RAKENDUSE POOLT PAKUTAVAD FUNKTSIOONID VÕI TEENUSED VASTAVAD TEIE OOTUSTELE, KAS RAKENDUST VÕI TEENUSEID VAHENDAV OPERAATOR TÖÖTAB KATKESTUSTE JA HÄIRETETA VÕI KAS RAKENDUSES JA TEENUSTES ILMNEVAD XXXX SAAVAD KÕRVALDATUD. ÜKSKI N21 VÕI TEMA VOLITATUD ESINDAJATE POOLT SUULISELT VÕI KIRJALIKULT EDASTATUD TEAVE VÕI NÕUANNE EI KVALIFITSEERU GARANTIIKS. KUI RAKENDUS VÕI TEENUSED OSUTUVAD PUUDULIKUKS, KATATE TEIE KÕIK VAJALIKUD HOOLDUS- JA PARANDUSKULUD. MÕNED KOHTUALLUVUSED EI VÕIMALDA SEOSES KOHALDATAVATE TARBIJAÕIGUSTEGA VAIKIMISI GARANTIIDE VÄLISTAMIST VÕI PIIRAMIST, SEEGA ÜLALKIRJELDATUD VÄLISTAMINE JA PIIRAMINE EI PRUUGI TEIE PUHUL KEHTIDA. POLE ÜHTKI LUBADUST EGA TAGATIST SELLE KOHTA, ET TEIL ÕNNESTUB RAKENDUSTE KASUTAMISE TULEMUSENA TEATUD SUMMA – VÕI MISTAHES SUMMA – RAHA TEENIDA, EGA KA SELLEKS, ET TE RAHA EI KAOTA. TE MÕISTATE JA NÕUSTUTE, ET MOBIILSIDEVÕRGU OPERAATORITEL EI OLE KOHUSTUST KORVATA RAKENDUSTE OSTUHINDA JA ET OPERAATORITEL EI OLE – KOHALDATAVATE ÕIGUASKTIDE POOLT LUBATUD MAKSIMUMULATUSES – KA MITTE MINGIT MUUD GARANTIIKOHUSTUST SEOSES RAKENDUSEGA JA/VÕI MUUDE NÕUETEGA, KAHJUMIGA, KAHJUDEGA VÕI MUUDE KULUDEGA, MIDA VÕIB SEOSTADA MISTAHES GARANTIITINGIMUSTE MITTETÄIMISEGA. 12. Vastuse piiramine. SELLES ULATUSES, MIS EI OLE KOHALDATAVATE SEADUSTEGA VASTUOLUS, EI OLE N21 (VÕI TEMA SIDUSETTEVÕTTED, TÜTARETTEVÕTTED, AMETNIKUD, AGENDID JA MUUD PARTNERID NING TÖÖTAJAD) MINGIL MÄÄRAL VASTUTAVAD INIMVIGASTUSTEGA SEOTUD, JUHUSLIKE, ERILISTE, KAUDSETE VÕI PÕHJUSLIKE KAHJUDE EEST, XXXXX ARVATUD (XXXX PIIRANGUTETA) KASUMI KAOTUSEST, ANDMETE KAOTUSEST, ÄRIKATKESTUSTEST VÕI MUUDEST KAUBANDUSKAHJUDEST PÕHJUSTATUD KAHJUDE VÕI KAHJUMI EEST, MIS ON ANY WARRANTIES.SEOTUD TEIE RAKENDUSE KASUTAMISEGA VÕI VÕIMETUSEGA SEDA KASUTADA – OLENEMATA KAHJU(DE) PÕHJUSEST JA SÕLTUMATA VASTUTUSE TEOORIAST (LEPINGU ALUSEL, LEPINGU VÄLISELT VÕI MUUL VIISIL) XX XXXX ISEGI JUHUL, KUI N21 ON SELLISTE KAHJUDE VÕIMALUSEST

Appears in 1 contract

Samples: License Agreement

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, orders and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE HAS BEEN ADVISED, OR ARE IS OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES.

Appears in 1 contract

Samples: Secureblackbox End User Licensing Agreement

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by the terms of this Agreement; and (b) you will comply with all applicable lawsTHE FOREGOING EXPRESS WARRANTIES ARE IN LIEU OF ALL LIABILITIES OR OBLIGATIONS ON THE PART OF RSA. OTHER THAN THE EXPRESS WARRANTIES MADE BY RSA AS SET FORTH IN THIS SECTION 4, regulationsRSA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AS TO ANY MXXXXX XXXXXXXXER, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT AND PROFESSIONAL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EITHER EXPRESS OR IMPLIED, ORAL (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). YOUR SOLE REMEDY FOR BREACH OF SUCH EXPRESS LIMITED WARRANTIES SHALL BE A CORRECTION, FIX OR WRITTEN) WITH RESPECT REFUND AS SET FORTH IN THIS SECTION 4. This warranty gives You specific legal rights. As some jurisdictions do not allow the exclusion of implied conditions or warranties, statutory or otherwise, the above exclusion may not apply to you, and You may also have other rights that vary from jurisdiction to jurisdiction. You shall direct any and all related warranty issues and subsequent support issues to the party that You licensed or purchased the RSA Products from, unless, in the case of support matters, You have entered into a separate support service contract directly with RSA. You UNDERSTAND THAT, IF you PURCHASED THis PACKAGE FROM AN AUTHORIZED RESELLER OF RSA, such AUTHORIZED RESELLER IS NOT RSA'S AGENT AND IS NOT AUTHORIZED TO THE SOFTWAREMAKE ANY REPRESENTATIONS, PREMIUM SUPPORT CONDITIONS, COVENANTs OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAWWARRANTIES, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING STATUTORY OR OTHERWISE, INCLUDING ON RSA'S BEHALF NOR TO VARY ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT. IN ADDITION, you ACKNOWLEDGE THAT, UNLESS OTHERWISE AGREED BY such AUTHORIZED RESELLER IN WRITING OR IF PROHIBITED BY LAW, THE LIMITATIONS OF CONDITIONS AND ALL (I) WARRANTIES OF MERCHANTABILITYWARRANTIES, (II) WARRANTIES OF FITNESS STATUTORY OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE)OTHERWISE, AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE LIABILITY SET FORTH IN THIS AGREEMENT ALSO APPLY TO AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESBENEFIT SUCH AUTHORIZED RESELLER.

Appears in 1 contract

Samples: Rsa Security Inc/De/

Warranty Disclaimer. You represent and warrant that: (a) all users authorized by you will abide by The Company makes no representations or warranties concerning any Content contained in or accessed through the terms of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, ordersServices, and other requirementsthe Company shall not be responsible or liable for the accuracy, now copyright compliance, legality, or hereafter decency of material contained in effect, or accessed through the Services. The Sensor Platform is provided “AS IS” and without any warranty of any applicable governmental authority, in your performance of this Agreement. Notwithstanding any terms to kind from the contrary in this Agreement, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by youCompany. THE SOFTWARE, PREMIUM SUPPORT SERVICES AND PROFESSIONAL SERVICES CONTENT ARE PROVIDED BY THE COMPANY ON AN "AS “AS-IS" OR "” AND “AS AVAILABLE" BASIS ” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EITHER EXPRESS OR IMPLIED, ORAL INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO EQUIPMENT OR WRITTEN) WITH RESPECT TO SERVICES LISTED ON THE SOFTWAREWEBSITE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) IMPLIED WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOWA PARTICULAR PURPOSE, HAVE REASON TO KNOW, HAVE BEEN ADVISEDNON- INFRINGEMENT, OR ARE OTHERWISE AWARE THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET USER’S REQUIREMENTS; THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE; OR THAT THE QUALITY OF ANY SUCH PURPOSE)EQUIPMENT OR THE USE OF THE SERVICES WILL MEET USER’S EXPECTATIONS. THE COMPANY MAKES NO GUARANTEES, AND (III) WARRANTIES OF NONINFRINGEMENT REPRESENTATIONS OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY WARRANTIESCONTENT AVAILABLE THROUGH THE SERVICES.

Appears in 1 contract

Samples: Beta Test Agreement

Warranty Disclaimer. You represent Zend warrants for a period of thirty (30) days from your receipt of the Software that the Software will materially conform to the Documentation. This warranty covers only problems that are reproducible and warrant that: (a) all users verifiable and does not cover software, or other items or any services provided by any persons other than Zend. Maintenance and support, if any, are governed by a separate agreement. Software, which has been abused, misused, damaged, modified, or subjected to unauthorized use or installation, used in a manner inconsistent with the Documentation or used with components not authorized by you will abide by the terms Zend, shall void this warranty. Zend’s sole liability (and your sole and exclusive remedy) for any breach of this Agreement; and (b) you will comply with all applicable laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any applicable governmental authoritywarranty shall be, in your performance Zend’s sole discretion, to use commercially reasonable efforts to provide you with an error-correction or workaround which corrects the reported non-conformity, or if Zend, in its sole discretion, determines such remedies to be impracticable within a reasonable period of this Agreementtime, to provide a refund of the fees paid for the Software. Notwithstanding This limited warranty does not apply for any terms to the contrary in this AgreementSoftware provided for evaluation or trial use or marked as beta or early access. EXCEPT AS SET FORTH ABOVE IN THIS SECTION, you will remain responsible for acts or omissions of all users authorized by you to the same extent as if such acts or omissions were undertaken by you. THE SOFTWARE, PREMIUM SUPPORT SOFTWARE AND PROFESSIONAL SERVICES DOCUMENTATION ARE PROVIDED ON AN "LICENSED “AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT SOFTWARE, PREMIUM SUPPORT OR PROFESSIONAL SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DISCLAIM ,” AND ZEND DISCLAIMS ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR WRITTEN) WITH RESPECT FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT, TO THE SOFTWAREEXTENT AUTHORIZED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, PREMIUM SUPPORT ZEND EXPRESSLY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR PROFESSIONAL SERVICES WHETHER ALLEGED TO ARISE BY THAT OPERATION OF LAW, BY REASON OF CUSTOM THE SOFTWARE WILL BE UNINTERRUPTED OR USAGE IN ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON SOFTWARE TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE)ACHIEVE YOUR INTENDED RESULTS, AND (III) WARRANTIES FOR THE RESULTS OBTAINED FROM YOUR USE OF NONINFRINGEMENT OR CONDITION OF TITLETHE SOFTWARE. YOU ACKNOWLEDGE SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIESTHE PERFORMANCE OF THE SOFTWARE.

Appears in 1 contract

Samples: User License Agreement

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