Common use of Warranty Limitation Clause in Contracts

Warranty Limitation. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE, USER MANUAL, SOFTWARE MAINTENANCE AND OTHER SERVICES RELATING TO ANY OF THE FOREGOING ARE PROVIDED "AS IS"; AND PITNEY XXXXX DOES NOT MAKE, AND LICENSEE SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE, USER MANUAL, SOFTWARE MAINTENANCE, OTHER SERVICES RELATED TO ANY OF THE FOREGOING OR ANY INFORMATION GENERATED BY LICENSEE'S USE OF THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE OR USER MANUAL. THE EXPRESS WARRANTIES GIVEN IN THIS AGREEMENT ARE GIVEN IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF OR RELATING TO RESULTS, ACCURACY, PERFORMANCE, RESOURCE UTILIZATION OR INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PITNEY XXXXX DOES NOT REPRESENT OR WARRANT THAT THE PITNEY XXXXX SOFTWARE OR EXCLUDED SOFTWARE WILL MEET LICENSEE'S OR ANY THIRD-PARTY'S REQUIREMENTS, WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR FREE FROM OTHER DEFECT OR FAILURE, OR WILL BE COMPATIBLE WITH OR OPERATE IN COMBINATION WITH ANY OTHER SOFTWARE OR HARDWARE SELECTED OR USED BY LICENSEE OR ANY THIRD-PARTY, OR THAT ANY DEFECT THEREIN OR IN THE SOFTWARE MAINTENANCE IS CORRECTABLE. Some states do not allow the disclaimer of implied warranties. Therefore, the above disclaimer may not apply to Licensee.

Warranty Limitation. EXCEPT YOU ACKNOWLEDGE AND AGREE EXPRESSLY THAT THE USE OF KLYNT IS AT YOUR OWN RISKS AND PERILS AND THAT THE ENTIRE RISKS AS EXPRESSLY SET FORTH IN THIS AGREEMENTTO QUALITY, PERFORMANCE, ACCURACY AND CORRECT OPERATION LIES WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE, USER MANUAL, SOFTWARE MAINTENANCE APPLICATION AND OTHER THE PLAYER AND ANY SERVICES RELATING TO ANY OF THE FOREGOING RENDERED BY THEM ARE PROVIDED "“AS IS"; ” WITH ALL DEFECTS AND PITNEY XXXXX DOES NOT MAKE, AND LICENSEE SPECIFICALLY DISCLAIMS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE, USER MANUAL, SOFTWARE MAINTENANCE, OTHER SERVICES RELATED TO GUARANTEE OF ANY OF THE FOREGOING OR ANY INFORMATION GENERATED BY LICENSEE'S USE OF THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE OR USER MANUALKIND. THE EXPRESS EDITOR AND THE EDITOR’S LICENSORS (REPRESENTED COLLECTIVELY BY THE EXPRESSION “THE EDITOR”) EXCLUDE BY THE PRESENT LICENSE ALL WARRANTIES GIVEN IN THIS AGREEMENT ARE GIVEN IN LIEU OF ALL OTHER EXPRESS AND CONDITIONS, EXPRESSED, IMPLIED OR IMPLIED WARRANTIESSTATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY WARRANTIES AND/ OR IMPLICIT CONDITIONS OF MERCHANTABILITY OR FITNESS MERCHANTABILTY, SATISFACTORY QUALITY, ADEQUACY FOR A PARTICULAR PURPOSE OR WARRANTY OF OR RELATING TO RESULTSPURPOSE, ACCURACY, PERFORMANCEEASE OF USE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, RESOURCE UTILIZATION OR INFRINGEMENTALL AS TO THE EDITOR. WITHOUT LIMITING THE FOREGOING, PITNEY XXXXX EDITOR DOES NOT REPRESENT GIVE ANY WARRANTY AGAINST THE ABSENCE OF DISRUPTION DURING YOUR USE OF THE APPLICATION, OR WARRANT TO THE EFFECT THAT THE PITNEY XXXXX SOFTWARE FUNCTIONS CONTAINED IN THE APPLICATION OR EXCLUDED SOFTWARE THE SERVICES PROVIDED BY THE APPLICATION WILL MEET LICENSEE'S OR ANY THIRD-PARTY'S YOUR REQUIREMENTS, THAT THE FUNCTIONING OF THE APPLICATION WILL OPERATE ERROR-FREE OR BE UNINTERRUPTED OR FREE EXEMPT FROM OTHER DEFECT OR FAILURE, OR WILL BE COMPATIBLE WITH OR OPERATE IN COMBINATION WITH ANY OTHER SOFTWARE OR HARDWARE SELECTED OR USED BY LICENSEE OR ANY THIRD-PARTYDEFAULTS, OR THAT ALL APPLICATION’S DEFAULTS WILL BE CORRECTED. NONE OF THE INFORMATION NOR ANY DEFECT THEREIN ADVICE, WHETHER COMMUNICATED ORALLY OR IN WRITTING BY THE SOFTWARE MAINTENANCE EDITOR OR BY ONE OF ITS AUTHORIZED REPRESENTATIVES, MAY BE DEEMED AS A GUARANTEE. SHOULD YOUR INTERACTIVE PROGRAM PROVE DEFECTIVE, YOU WILL ASSUME THE ENTIRE COST OF ANY NECESSARY REVISION, REPAIR OR CORRECTION. CERTAIN COUNTRY LAWS ALLOWING NEITHER THE EXCLUSION OF IMPLIED WARANTIES NOR LIMITATIONS ON APPLICABLE CONSUMERS’ RIGHTS, IT IS CORRECTABLEPOSSIBLE THAT THE EXCLUSION AND LIMITATIONS MENTIONED ABOVE MAY NOT APPLY TO YOU. Some states do The Application lists and posts, leads to and provides online web services related to websites and information from around the world on the Internet. In the event of a search using the Application, as the editor cannot allow the disclaimer exercise any control over these websites and information, no guarantee is offered with regards to them, especially with respect to, without limitation: (a) their accuracy, their availability, their order, their entirety, their validity, their content or their quality, or (b) in case of implied warrantiesobtaining reprehensible or irrelevant results. ThereforeIn certain instances, the above disclaimer may contents proposed on the Internet’s being aimed at an adult audience and possibly considered as reprehensible with respect to certain people or to minors, the results of a search or the access to a particular address using the Application can automatically and accidentally produce links or references to such information. By using the Application, you understand that the editor makes no declaration or warranty as to the sites or information displayed or to which access is given by the Application, nor as to any web service provided by the Application in connection with such sites or information. The editor and its representatives cannot apply to Licenseein any case be held responsible, directly or indirectly, by you or any other person, for the results obtained by the Application or for any other inaccuracies, errors or omissions therein.

Warranty Limitation. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE PROVIDE THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE, USER MANUAL, SOFTWARE MAINTENANCE AND OTHER SERVICES RELATING TO ANY OF THE FOREGOING ARE PROVIDED "PROGRAMS “AS IS"; AND PITNEY XXXXX DOES NOT MAKE, AND LICENSEE SPECIFICALLY DISCLAIMS, .” NEITHER WE NOR OUR THIRD PARTY SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS EXPRESS, ORAL, IMPLIED OR IMPLIEDSTATUTORY, REGARDING THE PITNEY XXXXX SOFTWAREPROGRAMS AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY, EXCLUDED SOFTWAREINCLUDING, USER MANUAL, SOFTWARE MAINTENANCE, OTHER SERVICES RELATED TO ANY OF THE FOREGOING OR ANY INFORMATION GENERATED BY LICENSEE'S USE OF THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE OR USER MANUAL. THE EXPRESS WARRANTIES GIVEN IN THIS AGREEMENT ARE GIVEN IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY TO, THE QUALITY, COMPLETENESS, PERFORMANCE, NONINFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROGRAMS OR WARRANTY COURSE OF DEALING OR COURSE OF PERFORMANCE. NEITHER WE NOR OUR THIRD PARTY SUPPLIERS SHALL BE LIABLE TO DEALER OR ANY END USER OR ANY OTHER PARTY FOR INJURY TO ANY PERSON OR PROPERTY WHATSOEVER RESULTING FROM THE USE OF OR INABILITY TO USE THE PROGRAMS OR FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OR EXPENSES OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF OR RELATING TO RESULTSTHE PROGRAMS, ACCURACYEVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SPECIFICALLY, PERFORMANCENEITHER WE NOR ANY OF OUR THIRD PARTY SUPPLIERS SHALL BE RESPONSIBLE FOR ANY LOST PROFITS OR REVENUE, RESOURCE UTILIZATION OR INFRINGEMENT. WITHOUT LIMITING THE FOREGOINGCOSTS, PITNEY XXXXX DOES INCLUDING, BUT NOT REPRESENT OR WARRANT THAT THE PITNEY XXXXX LIMITED TO, BUSINESS INTERRUPTION, COST OF RECOVERING SOFTWARE OR EXCLUDED DATA, COST OF SUBSTITUTE SOFTWARE WILL MEET LICENSEE'S OR DATA, OR OTHER SIMILAR COSTS. IN NO EVENT SHALL OUR OR ANY THIRD-PARTY'S REQUIREMENTSOF OUR THIRD PARTY SUPPLIER’S TOTAL LIABILITY OF ANY KIND, WILL OPERATE ERROR-FREE REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR UNINTERRUPTED OR FREE FROM OTHER DEFECT OR FAILUREEQUITABLE ACTION MAY BE BROUGHT, OR WILL BE COMPATIBLE WITH OR OPERATE IN COMBINATION WITH ANY OTHER SOFTWARE OR HARDWARE SELECTED OR USED BY LICENSEE OR ANY THIRD-PARTY, OR THAT ANY DEFECT THEREIN OR IN EXCEED THE SOFTWARE MAINTENANCE IS CORRECTABLE. Some states do not allow the disclaimer of implied warranties. Therefore, the above disclaimer may not apply to LicenseeTOTAL AMOUNT PAID TO US UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM.

Warranty Limitation. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTWE DO NOT GUARANTEE OR WARRANT THE PERFORMANCE OF THE SERVICES OR PROGRAMS PROVIDED HEREUNDER. INCLUDING, BUT NOT LIMITED TO, THE PITNEY XXXXX SOFTWARENUMBER OF CONSUMER REQUESTS OR VEHICLE SALES/LEASES DEALER MAY RECEIVE AND/OR CONSUMMATE UNDER THE APPLICABLE PROGRAM, EXCLUDED SOFTWARE, USER MANUAL, SOFTWARE MAINTENANCE AND OTHER IF ANY. THE DEALER APPOINTMENT SERVICES RELATING TO ANY OF THE FOREGOING ARE PROVIDED "AS IS"; AS-IS AND PITNEY XXXXX DOES WE DO NOT MAKEGUARANTEE OR WARRANT THE PERFORMANCE OF THOSE SERVICES PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, THE NUMBER OF CUSTOMERS THAT WILL BE SUCCESSFULLY CONTACTED TO SCHEDULE AN APPOINTMENT OR THAT ANY SUCH CUSTOMERS WILL ATTEND ANY SCHEDULED APPOINTMENT. TRAINING IS PROVIDED AS-IS AND LICENSEE WE DO NOT GUARANTEE OR WARRANT THE PERFORMANCE OF THOSE TRAINING SERVICES PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, THE SUCCESS RATE OF DEALER IN CLOSING SALES AFTER TRAINING. DEALER SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WAIVES ALL WARRANTIES, EXPRESS EXPRESS, STATUTORY, OR IMPLIED, REGARDING ARISING OUT OF OR IN CONNECTION WITH THE PITNEY XXXXX SOFTWARE, SERVICES OR PROGRAMS TO BE PROVIDED BY US HEREUNDER. SPECIFICALLY EXCLUDED SOFTWARE, USER MANUAL, SOFTWARE MAINTENANCE, OTHER SERVICES RELATED TO ANY OF THE FOREGOING OR ANY INFORMATION GENERATED BY LICENSEE'S USE OF THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE OR USER MANUAL. THE EXPRESS WARRANTIES GIVEN IN THIS AGREEMENT ARE GIVEN IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY TO, WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. IN NO EVENT SHALL WE BE LIABLE FOR ANY LOSS OF BUSINESS PROFITS OR WARRANTY OF DATA OR RELATING TO RESULTSFOR ANY CONSEQUENTIAL, ACCURACYINCIDENTAL, PERFORMANCEEXEMPLARY, RESOURCE UTILIZATION PUNITIVE OR INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PITNEY XXXXX DOES NOT REPRESENT SIMILAR DAMAGES OR WARRANT THAT THE PITNEY XXXXX SOFTWARE OR EXCLUDED SOFTWARE WILL MEET LICENSEE'S OR FOR ANY THIRD-PARTY'S REQUIREMENTSPARTY CLAIMS OR DAMAGES, WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR FREE FROM OTHER DEFECT OR FAILURE, OR WILL BE COMPATIBLE WITH OR OPERATE IN COMBINATION WITH ANY OTHER SOFTWARE OR HARDWARE SELECTED OR USED BY LICENSEE OR ANY THIRD-PARTY, OR THAT ANY DEFECT THEREIN OR IN EVEN IF ADVISED OF THE SOFTWARE MAINTENANCE IS CORRECTABLEPOSSIBILITY OFSUCHDAMAGES. Some states do not allow the disclaimer of implied warranties. Therefore, the above disclaimer may not apply to LicenseeII.

Warranty Limitation. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE, USER MANUAL, SOFTWARE MAINTENANCE AND OTHER SERVICES RELATING TO ANY OF THE FOREGOING ARE PROVIDED "AS IS"; AND PITNEY XXXXX DOES NOT MAKE, AND LICENSEE SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE, USER MANUAL, SOFTWARE MAINTENANCE, OTHER SERVICES RELATED TO ANY OF THE FOREGOING OR ANY INFORMATION GENERATED BY LICENSEE'S USE OF THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE OR USER MANUAL. THE EXPRESS WARRANTIES GIVEN IN THIS AGREEMENT ARE GIVEN IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF OR RELATING TO RESULTS, ACCURACY, PERFORMANCE, RESOURCE UTILIZATION OR INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PITNEY XXXXX DOES NOT REPRESENT OR WARRANT THAT THE PITNEY XXXXX SOFTWARE OR EXCLUDED SOFTWARE WILL MEET LICENSEE'S OR ANY THIRD-PARTY'S REQUIREMENTS, WILL OPERATE ERROR-ERROR FREE OR UNINTERRUPTED UNINTERRUPED OR FREE FROM OTHER DEFECT OR OF FAILURE, OR WILL BE COMPATIBLE WITH OR OPERATE IN COMBINATION WITH ANY OTHER SOFTWARE OR HARDWARE SELECTED OR USED BY LICENSEE OR ANY THIRD-PARTY, OR THAT ANY DEFECT THEREIN OR IN THE SOFTWARE MAINTENANCE IS CORRECTABLE. Some states do not allow the disclaimer of implied warranties. Therefore, the above disclaimer may not apply to Licensee.3 PROPRIETARY RIGHTS

Warranty Limitation. EXCEPT YOU ACKNOWLEDGE AND AGREE EXPRESSLY THAT THE USE OF XXXXX VR IS AT YOUR OWN RISKS AND PERILS AND THAT THE ENTIRE RISKS AS EXPRESSLY SET FORTH IN THIS AGREEMENTTO QUALITY, PERFORMANCE, ACCURACY AND CORRECT OPERATION LIES WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PITNEY XXXXX SOFTWAREAPPLICATION AND ITS ASSOCIATED SOFTWARE (WEB PLAYER, EXCLUDED SOFTWARE, USER MANUAL, SOFTWARE MAINTENANCE MOBILE APPLICATION AND OTHER CLOUD SERVICE) AND ANY SERVICES RELATING TO ANY OF THE FOREGOING RENDERED BY THEM ARE PROVIDED "“AS IS"; ” WITH ALL DEFECTS AND PITNEY XXXXX DOES NOT MAKE, AND LICENSEE SPECIFICALLY DISCLAIMS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE, USER MANUAL, SOFTWARE MAINTENANCE, OTHER SERVICES RELATED TO GUARANTEE OF ANY OF THE FOREGOING OR ANY INFORMATION GENERATED BY LICENSEE'S USE OF THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE OR USER MANUALKIND. THE EXPRESS EDITOR AND THE EDITOR’S LICENSORS (REPRESENTED COLLECTIVELY BY THE EXPRESSION “THE EDITOR”) EXCLUDE BY THE PRESENT LICENSE ALL WARRANTIES GIVEN IN THIS AGREEMENT ARE GIVEN IN LIEU OF ALL OTHER EXPRESS AND CONDITIONS, EXPRESSED, IMPLIED OR IMPLIED WARRANTIESSTATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY WARRANTIES AND/ OR IMPLICIT CONDITIONS OF MERCHANTABILITY OR FITNESS MERCHANTABILTY, SATISFACTORY QUALITY, ADEQUACY FOR A PARTICULAR PURPOSE OR WARRANTY OF OR RELATING TO RESULTSPURPOSE, ACCURACY, PERFORMANCEEASE OF USE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, RESOURCE UTILIZATION OR INFRINGEMENTALL AS TO THE EDITOR. WITHOUT LIMITING THE FOREGOING, PITNEY XXXXX EDITOR DOES NOT REPRESENT GIVE ANY WARRANTY AGAINST THE ABSENCE OF DISRUPTION DURING YOUR USE OF THE APPLICATION, WEB PLAYER OR WARRANT MOBILE APPLICATION, OR CLOUD SERVICE TO THE EFFECT THAT THE PITNEY XXXXX SOFTWARE FUNCTIONS CONTAINED IN ANY OF THE FORMER, OR EXCLUDED SOFTWARE THE SERVICES PROVIDED WILL MEET LICENSEE'S YOUR REQUIREMENTS, THAT THE FUNCTIONING OF THE APPLICATION OR ANY THIRD-PARTY'S REQUIREMENTS, OF ITS ASSOCIATED SOFTWARES WILL OPERATE ERROR-FREE OR BE UNINTERRUPTED OR FREE EXEMPT FROM OTHER DEFECT OR FAILURE, OR WILL BE COMPATIBLE WITH OR OPERATE IN COMBINATION WITH ANY OTHER SOFTWARE OR HARDWARE SELECTED OR USED BY LICENSEE OR ANY THIRD-PARTYDEFAULTS, OR THAT ALL APPLICATION’S DEFAULTS WILL BE CORRECTED. NONE OF THE INFORMATION NOR ANY DEFECT THEREIN ADVICE, WHETHER COMMUNICATED ORALLY OR IN WRITING BY THE SOFTWARE MAINTENANCE IS CORRECTABLEEDITOR OR BY ONE OF ITS AUTHORIZED REPRESENTATIVES, MAY BE DEEMED AS A GUARANTEE. Some states do SHOULD YOUR INTERACTIVE PROGRAM PROVE DEFECTIVE, YOU WILL ASSUME THE ENTIRE COST OF ANY NECESSARY REVISION, REPAIR OR CORRECTION. The Application and the Mobile Application lists and posts, leads to and provides online web services related to websites and information from around the world on the Internet. In the event of a search using the Application or Mobile Application, as the editor cannot allow the disclaimer exercise any control over these websites, Interactive Program and information, no guarantee is offered with regards to them, especially with respect to, without limitation: (a) their accuracy, their availability, their order, their entirety, their validity, their content or their quality, or (b) in case of implied warrantiesobtaining reprehensible or irrelevant results. ThereforeIn certain instances, the above disclaimer may contents proposed on the Internet’s being aimed at an adult audience and possibly considered as reprehensible with respect to certain people or to minors, the results of a search or the access to a particular address using the Application can automatically and accidentally produce links or references to such information. By using the Application, you understand that the editor makes no declaration or warranty as to the sites or information displayed or to which access is given by the Application, nor as to any web service provided by the Application in connection with such sites or information. The editor and its representatives cannot apply to Licenseein any case be held responsible, directly or indirectly, by you or any other person, for the results obtained by the Application or for any other inaccuracies, errors or omissions therein.

Warranty Limitation. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, : THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE, USER MANUAL, SOFTWARE MAINTENANCE AND OTHER SERVICES RELATING TO ANY OF THE FOREGOING ARE PROVIDED "AS IS"; AND PITNEY XXXXX DOES NOT MAKE, AND LICENSEE SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE, USER MANUAL, SOFTWARE MAINTENANCE, OTHER SERVICES RELATED TO ANY OF THE FOREGOING OR ANY INFORMATION GENERATED BY LICENSEE'S ’S USE OF THE PITNEY XXXXX SOFTWARE, EXCLUDED SOFTWARE OR USER MANUAL. THE EXPRESS WARRANTIES GIVEN IN THIS AGREEMENT ARE GIVEN IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF OR RELATING TO RESULTS, ACCURACY, PERFORMANCE, RESOURCE UTILIZATION OR INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PITNEY XXXXX DOES NOT REPRESENT OR WARRANT THAT THE PITNEY XXXXX SOFTWARE OR EXCLUDED SOFTWARE WILL MEET LICENSEE'S ’S OR ANY THIRD-PARTY'S ’S REQUIREMENTS, WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR FREE FROM OTHER DEFECT OR FAILURE, OR WILL BE COMPATIBLE WITH OR OPERATE IN COMBINATION WITH ANY OTHER SOFTWARE OR HARDWARE SELECTED OR USED BY LICENSEE OR ANY THIRD-PARTY, OR THAT ANY DEFECT THEREIN OR IN THE SOFTWARE MAINTENANCE IS CORRECTABLE. Some states do not allow the disclaimer of implied warranties. Therefore, the above disclaimer may not apply to Licensee.