Disclaimer of Warranties and Remedies Sample Clauses

Disclaimer of Warranties and Remedies. Releases
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Disclaimer of Warranties and Remedies. LESSOR WARRANTS THAT THE EQUIPMENT WILL BE DELIVERED IN GOOD OPERATING CONDITION. LESSOR’S SOLE RESPONSIBILITY, AND XXXXXX’S SOLE REMEDY, UNDER THE ABOVE WARRANTY SHALL BE, AT ITS OPTION, TO EITHER REPAIR OR SUITABLY REPLACE THE EQUIPMENT WITHIN A COMMERCIALLY REASONABLE TIME. THE ABOVE WARRANTY IS CONTINGENT UPON PROPER USE OF THE EQUIPMENT BY LESSEE AND SHALL NOT APPLY IF ADJUSTMENT, REPAIR OR REPLACEMENT IS REQUIRED BECAUSE OF ACCIDENT, MISUSE, IMPROPER HANDLING, OPERATION, MAINTENANCE, UNUSUAL PHYSICAL STRESS OR WEATHER CONDITIONS. THE FOREGOING IS THE EXCLUSIVE AND ENTIRE WARRANTY GIVEN IN CONNECTION WITH THE EQUIPMENT WHICH EQUIPMENT IS OTHERWISE BEING LEASED IN “AS IS” CONDITION. LESSOR IS NOT THE MANUFACTURER OF THE EQUIPMENT. XXXXXX MAKES NO OTHER WARRANTY AND EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES AS TO THE EQUIPMENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. LESSOR SHALL NOT BE LIABLE FOR ANY DELAYS, WORK STOPPAGES, LOSS OF USE OF EQUIPMENT, LOST TIME, INCONVENIENCE, LOST PROFITS OR ANY OTHER DIRECT OR INDIRECT INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RELATING TO THE POSSESSION, TRANSPORT, USE, OPERATION, CONTROL, MAINTENANCE AND/OR REPAIR OF THE EQUIPMENT, OR ANY LOSS, DAMAGE OR INJURY RESULTING THEREFROM.
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Disclaimer of Warranties and Remedies. 9.1 TO the MAXUMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU IN CONNECTION WITH THE SOFTWARE OR THIS XXXX AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES OR SIMILAR OBLIGATIONS (IF ANY) CREATED BY ANY ADVERTISING, DOCUMENTATION, PACKAGING, OR OTHER COMMUNICATIONS.
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Disclaimer of Warranties and Remedies. ACCEPT AS PROVIDED OTHERWISE HEREIN, MAXIM EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES AS TO THE EQUIPMENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. MAXIM WARRANTS THAT THE EQUIPMENT WILL BE IN GOOD OPERATING CONDITION AND FUNCTION AS INTENDED PER THE MANUFACTURER’S SPECIFICATIONS. NEITHER PARTY HERETO SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES relating to the possession, transport, use, operation, control, maintenance and/or repair of the Equipment, or any loss, damage or injury resulting therefrom.
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Disclaimer of Warranties and Remedies. (a) THE SOFTWARE IS PROVIDED TO CUSTOMER “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, OPERABILITY, TITLE AND NON-INFRINGEMENT, ARE HEREBY DISCLAIMED.
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Disclaimer of Warranties and Remedies. The Software is furnished hereunder "AS IS" without warranty. AIChE does not make any expressed or implied warranties concerning the Software or its use or the results of its use. AIChE does not warrant the merchantability of the Software or its fitness for a particular purpose or its performance, usefulness, correctness, accuracy, completeness, reliability or currentness or its use or interpretation, nor does AIChE represent that any such use could not lead to unsafe or hazardous consequences. Licensee assumes responsibility for the installation and use of the Software, and for the results obtained from the Software. AIChE shall have no obligation to update the Software. AIChE is not obligated to correct any problems or errors of the Software. Neither AIChE, ioMosaic, nor the XXXXX Users Group shall be liable for any direct, indirect, incidental or consequential damages arising out of the use, results of use, or any failure or defects of the Software, or for any claim by any third party, even if such person has not been advised of the possibility of such damages or claim. In case of any claim of defect in the Software, Licensee's and any third party's sole remedy against AIChE, the XXXXX Users Group and ioMosaic shall be replacement of the Software with another copy of the Software if returned to AIChE within sixty days of the date of this License. The Technology represented by the Software is complex and evolving. Use of the Software is therefore recommended for only those skilled in the art and science of computer modeling and emergency relief system design. This License shall be governed by the laws of the State of New York. This License is the complete and exclusive License between the parties, supersedes all prior oral or written communications or agreements relating to this License, and any changes and / or amendments will not be binding and may not be enforced, except by a written agreement signed by AIChE and the Licensee. Read and Agreed Date: Licensee Company Name: Print Signer's Name: Authorized Signature: Title: Address: Telephone: Fax: E-mail: License Fee Received DATE: American Institute of Chemical Engineers By: SuperChemsTM For XXXXX License Certificate Of Third Party Compliance The undersigned is a Third Party, as defined in the within License, for , Licensee. The undersigned has read and understands the annexed License and ALL the provisions therein including the Disclaimer of Warranties and Remedies, restrictions on transfer, use and di...
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Disclaimer of Warranties and Remedies. The Software is furnished hereunder "AS IS" without warranty. AIChE does not make any expressed or implied warranties concerning the Software or its use or the results of its use. AIChE does not warrant the merchantability of the Software or its fitness for a particular purpose or its performance, usefulness, correctness, accuracy, completeness, reliability or currentness or its use or interpretation, nor does AIChE represent that any such use could not lead to unsafe or hazardous consequences. Licensee assumes responsibility for the installation and use of the Software, and for the results obtained from the Software. AIChE shall have no obligation to update the Software. AIChE is not obligated to correct any problems or errors of the Software. Neither AIChE, ioMosaic, nor the XXXXX shall be liable for any direct, indirect, incidental or consequential damages arising out of the use, results of use, or any failure or defects of the Software, or for any claim by any third party, even if such person has not been advised of the possibility of such damages or claim. In case of any claim of defect in the Software, Licensee's and any third party's sole remedy against AIChE, the XXXXX and ioMosaic shall be replacement of the Software with another copy of the Software if returned to AIChE within sixty days of the date of this License. Read and Agreed Date Licensee Company Name Print Signer’s Name Authorized Signature Title Address Telephone Number Fax Number License Fee Received Date American Institute of Chemical Engineers (AIChE)
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Disclaimer of Warranties and Remedies 
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Related to Disclaimer of Warranties and Remedies

  • Disclaimer of Warranties; Limitation of Liability SPIE warrants that it is entitled to grant the licenses granted in this Agreement, and is authorized to execute this Agreement. XXXX MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED MATERIAL, INCLUDING THE QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, COMPLIANCE WITH ANY COMPUTATIONAL PROCESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SPIE SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SUBSCRIPTION OR LICENSES GRANTED HEREUNDER, THE USE OR INABILITY TO USE THE SPIE DIGITAL LIBRARY, SPIE’S PERFORMANCE UNDER THIS AGREEMENT, TERMINATION OF THIS AGREEMENT BY SPIE OR THE LOSS OF DATA, BUSINESS OR GOODWILL, EVEN IF SPIE IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF SPIE FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF USE OF THE SERVICE OR LICENSED MATERIALS, OR ANY BREACH OR TERMINATION OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT TO SPIE FOR THE SPIE DIGITAL LIBRARY SUBSCRIPTION, FOR THE CURRENT SUBSCRIPTION YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION DUE TO NEGLIGENCE. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies. No claim may be made against SPIE unless suit is filed thereon within one (1) year after the event giving rise to the claim.

  • Disclaimer of Warranties YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

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