Common use of Disclaimer of Warranties Clause in Contracts

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 10 contracts

Samples: License Agreement, Mobile Application End User License Agreement, Mobile Application End User License Agreement

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Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" GEOTRUST EXPRESSLY DISCLAIMS AND WITH ALL FAULTS AND DEFECTS WITHOUT MAKES NO REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, EITHER IN FACT OR OTHERWISEBY OPERATION OF LAW, WITH RESPECT TO THE APPLICATIONSERVICES PROVIDED OR THE CERTIFICATE ISSUED HEREUNDER, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLEPURPOSE OR USE OF THE SERVICES OR CERTIFICATE, AND NON-INFRINGEMENTALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS, TERMS AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGOBLIGATIONS IMPLIED BY STATUTE OR COMMON LAW, TRADE USAGE, COURSE OF PERFORMANCE, USAGE, DEALING OR TRADE PRACTICE. WITHOUT LIMITATION OTHERWISE ARE HEREBY EXCLUDED TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, FULLEST EXTENT PERMITTED BY LAW. GEOTRUST FURTHER DISCLAIMS AND MAKES NO REPRESENTATION REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND KIND, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, TO SUBSCRIBER OR ANY THIRD PARTY THAT (A) ANY SUBSCRIBER TO WHICH IT HAS ISSUED A CERTIFICATE IS IN THE FACT THE PERSON, ENTITY OR ORGANIZATION IT CLAIMS TO BE IN THE INFORMATION SUPPLIED TO GEOTRUST, (B) A SUBSCRIBER IS IN FACT THE PERSON, ENTITY OR ORGANIZATION LISTED IN A CERTIFICATE, OR (C) THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSINFORMATION CONTAINED IN THE CERTIFICATES OR IN ANY CERTIFICATE STATUS MECHANISM COMPILED, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLEPUBLISHED OR OTHERWISE DISSEMINATED BY GEOTRUST, OR WORK THE RESULTS OF ANY CRYPTOGRAPHIC METHOD IMPLEMENTED IN CONNECTION WITH ANY OTHER SOFTWARETHE CERTIFICATES IS ACCURATE, APPLICATIONSAUTHENTIC, SYSTEMS, COMPLETE 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOURELIABLE.

Appears in 8 contracts

Samples: Subscriber Agreement, Subscriber Agreement, Chainedssl Subscriber Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, STANDARDS OR BE ERROR-FREE, ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 7 contracts

Samples: Mobile Application End User License Agreement, Mobile Application End User License Agreement, Mobile Application End User License Agreement

Disclaimer of Warranties. EXCEPT FOR THE APPLICATION LIMITED WARRANTY SET FORTH IN ARTICLE 7.1, THE LICENSEE ACKNOWLEDGES THAT THE SOFTWARE IS PROVIDED TO END USER ON AN "AS IS" AND WITH ALL FAULTS AND DEFECTS BASIS, WITHOUT WARRANTY ANY EXPRESS OR IMPLIED GUARANTEE OF ANY KIND. TYPE, AND, TO THE MAXIMUM EXTENT PERMITTED UNDER BY APPLICABLE LAWLAWS, COMPANYNEITHER RCDEVS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL HIS LICENSE PROVIDERS NOR COPYRIGHT HOLDERS PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION. RCDEVS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ALL IMPLIED WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITYTITLE, ACCURACY OF DATA, NON-INFRINGEMENT, NON-INTERFERENCE, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, . NO GUARANTEE FROM RCDEVS OR ANY OTHER PARTY EXISTS THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL COMPLY WITH THE LICENSEE’S REQUIREMENTS OR THAT THE SOFTWARE OPERATION WILL BE SMOOTH AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT FREE OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGEERRORS, OR TRADE PRACTICECOMPATIBLE WITH PRE-EXISTING EQUIPMENT OR SOFTWARE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, LICENSEE ASSUMES FULL LIABILITY AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL RISK FOR SELECTION OF THE ABOVE EXCLUSIONS SOFTWARE TO ACHIEVE RESULTS INTENDED BY HIM AND LIMITATIONS FOR THE INSTALLATION, USE AND RESULTS THAT HE WILL ACHIEVE WITH THE SOFTWARE. THE LICENSEE ACKNOWLEDGES AND AGREES THAT AS SET OUT IN CLAUSES 2 ABOVE, INSTALLATION OF THE SOFTWARE MAY NOT APPLY TO YOUAFFECT THE OPERATION OF THE EQUIPMENT ON WHICH IT IS INSTALLED.

Appears in 5 contracts

Samples: Software License Agreement, Enterprise Perpetual Software License Agreement, Rcdevs Spankey Enterprise Perpetual Software License Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 5 contracts

Samples: Feedlink End User License Agreement, Mobile Application End User License Agreement, Mobile Application End User License Agreement

Disclaimer of Warranties. THE APPLICATION IS The LICENSED PRODUCT, SUPPORTED PROTOCOL, EPP, APIs AND SOFTWARE ARE PROVIDED TO END USER "AS AS-IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, VERISIGN EXPRESSLY DISCLAIMS ALL WARRANTIESWARRANTIES AND/OR CONDITIONS, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR OTHERWISEBUT NOT LIMITED TO, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. VERISIGN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED PRODUCT, TITLESUPPORTED PROTOCOL, AND NON-INFRINGEMENTEPP, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGEAPIs OR SOFTWARE WILL MEET REGISTRAR'S REQUIREMENTS, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION OPERATION OF THE LICENSED PRODUCT, SUPPORTED PROTOCOL, EPP, APIs OR SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, UNINTERRUPTED 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 DEFECTS IN THE LICENSED PRODUCT, SUPPORTED PROTOCOL, EPP, APIs OR DEFECTS CAN OR SOFTWARE WILL BE CORRECTED. SOME JURISDICTIONS DO FURTHERMORE, VERISIGN DOES NOT ALLOW WARRANT NOR MAKE ANY REPRESENTATIONS REGARDING THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES USE OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL RESULTS OF THE ABOVE EXCLUSIONS LICENSED PRODUCT, SUPPORTED PROTOCOL, EPP, APIs, SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SHOULD THE LICENSED PRODUCT, SUPPORTED PROTOCOL, EPP, APIs OR SOFTWARE PROVE DEFECTIVE, REGISTRAR ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF REGISTRAR'S OWN SYSTEMS AND LIMITATIONS MAY NOT APPLY TO YOUSOFTWARE.

Appears in 5 contracts

Samples: Registry Registrar Agreement, Registry Registrar Agreement, Escrow Agreement (Verisign Inc/Ca)

Disclaimer of Warranties. THE APPLICATION IS LICENSED PRODUCT, SUPPORTED PROTOCOL, EPP, APIs AND SOFTWARE ARE PROVIDED TO END USER "AS AS-IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, VERISIGN EXPRESSLY DISCLAIMS ALL WARRANTIESWARRANTIES AND/OR CONDITIONS, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR OTHERWISEBUT NOT LIMITED TO, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. VERISIGN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED PRODUCT, TITLESUPPORTED PROTOCOL, AND NON-INFRINGEMENTEPP, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGEAPIs OR SOFTWARE WILL MEET REGISTRAR'S REQUIREMENTS, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION OPERATION OF THE LICENSED PRODUCT, SUPPORTED PROTOCOL, EPP, APIs OR SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, UNINTERRUPTED 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 DEFECTS IN THE LICENSED PRODUCT, SUPPORTED PROTOCOL, EPP, APIs OR DEFECTS CAN OR SOFTWARE WILL BE CORRECTED. SOME JURISDICTIONS DO FURTHERMORE, VERISIGN DOES NOT ALLOW WARRANT NOR MAKE ANY REPRESENTATIONS REGARDING THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES USE OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL RESULTS OF THE ABOVE EXCLUSIONS LICENSED PRODUCT, SUPPORTED PROTOCOL, EPP, APIs, SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SHOULD THE LICENSED PRODUCT, SUPPORTED PROTOCOL, EPP, APIs OR SOFTWARE PROVE DEFECTIVE, REGISTRAR ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF REGISTRAR'S OWN SYSTEMS AND LIMITATIONS MAY NOT APPLY TO YOUSOFTWARE.

Appears in 4 contracts

Samples: Registry Agreement (Verisign Inc/Ca), Registry Agreement, Registry Registrar Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 4 contracts

Samples: Fortuna Mobile Application End User License Agreement, User License Agreement, Fortuna Mobile Application End User License Agreement

Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 13.1 ABOVE, THE APPLICATION IS EXASOL MATERIALS, OPEN SOURCE SOFTWARE, THIRD PARTY CONTENT, MAINTENANCE SERVICES AND PROFESSIONAL SERVICES ARE PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY EXASOL SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-NON- INFRINGEMENT, AND ALL WARRANTIES THAT MAY ARISE OUT OF ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO LIMITING THE FOREGOING, COMPANY PROVIDES EXASOL MAKES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION SOFTWARE OR DOCUMENTATION, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR CUSTOMER’S OR OTHER PERSONS’ REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ACHIEVE ANY PERFORMANCE INTENDED RESULT, BE COMPATIBLE OR RELIABILITY STANDARDSWORK WITH ANY SOFTWARE, SYSTEMS, OR OTHER SERVICES, OR BE ERRORSECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. ALL OPEN SOURCE COMPONENTS AND OTHER THIRD-FREE, PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION WARRANTY OF OR LIMITATIONS ON IMPLIED WARRANTIES CONCERNING ANY OF THEM IS STRICTLY BETWEEN CUSTOMER AND THE THIRD- PARTY OWNER OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS DISTRIBUTOR OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS SUCH OPEN SOURCE COMPONENTS AND LIMITATIONS MAY NOT APPLY TO YOUTHIRD-PARTY MATERIALS.

Appears in 4 contracts

Samples: Software License and Service Agreement, Software License and Service Agreement, Software License and Service Agreement

Disclaimer of Warranties. THE APPLICATION ASSIGNMENT AND XXXX OF SALE EXECUTED PURSUANT HERETO SHALL BE EXECUTED WITHOUT ANY REPRESENTATION, WARRANTY OR COVENANT OF TITLE OF ANY KIND OR NATURE, EITHER EXPRESS, IMPLIED OR STATUTORY. THE PERSONAL PROPERTY IS PROVIDED BEING CONVEYED TO END USER AND ASSIGNED TO AND ACCEPTED BY THE BUYER IN THEIR "AS IS, WHERE IS" CONDITION AND STATE OF REPAIR AND WITH ALL FAULTS AND DEFECTS WITHOUT ANY REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWKIND OR NATURE, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, OR OTHERWISEINCLUDING BUT NOT LIMITED TO, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, CONDITION AND/OR FITNESS FOR A PARTICULAR PURPOSE, TITLEALL OF WHICH ARE EXPRESSLY DISCLAIMED. IT IS UNDERSTOOD AND AGREED THAT BUYER HAS INSPECTED THE PERSONAL PROPERTY AND SATISFIED ITSELF AS TO THEIR PHYSICAL CONDITION AND THAT BUYER SHALL ACCEPT ALL OF THE SAME IN THEIR "AS IS, WHERE IS" STATE OF REPAIR AND NON-INFRINGEMENTWITH ALL FAULTS AND DEFECTS. IN ADDITION, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND SELLER MAKES NO REPRESENTATION REPRESENTATION, COVENANT OR WARRANTY, EXPRESS, IMPLIED OR STATUTORY, CONCERNING THE QUALITY OR QUANTITY OF ANY KIND THAT HYDROCARBONS OR THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, ABILITY OF THE INTERESTS TO PRODUCE HYDROCARBONS 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 THE PRICES WHICH BUYER IS OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY ENTITLED TO YOURECEIVE FOR ANY SUCH HYDROCARBONS.

Appears in 4 contracts

Samples: Purchase and Sale Agreement (Arena Resources Inc), Purchase and Sale Agreement (Arena Resources Inc), Purchase and Sale Agreement (Arena Resources Inc)

Disclaimer of Warranties. NOTWITHSTANDING ANY PROVISION OF THE APPLICATION ORDER FORM TO THE CONTRARY, THE SERVICE IS SUBSCRIBED AND USED BY AND PROVIDED TO END USER "CUSTOMER “AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT FAULTS. NEITHER SERTIFI, NOR ANY OWNER, MEMBER, MANAGER, EMPLOYEE, AGENT AND/OR PROVIDER OF THE SERVICE, MAKES ANY REPRESENTATION AND/OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWKIND WHATSOEVER, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EITHER EXPRESS OR IMPLIED, STATUTORYIN CONNECTION WITH THE SERVICE, OR OTHERWISETHE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICE, WITH RESPECT TO INCLUDING, BUT NOT LIMITED TO, THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND AND/OR ANY WARRANTY THAT PROVISION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. SERTIFI FURTHER DISCLAIMS ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICENOT EXPRESSLY SET FORTH HEREIN. WITHOUT LIMITATION TO SERTIFI DOES NOT WARRANT THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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, SERVICE OR THAT ANY OR ALL ERRORS OR DEFECTS CAN OR IN THE SERVICE WILL BE CORRECTED. SOME JURISDICTIONS DO SERTIFI DOES NOT ALLOW WARRANT THAT INFORMATION, DATA OR DOCUMENTS WILL NOT BE LOST, TAMPERED WITH OR DELETED. NO OBLIGATION, WARRANTY, REPRESENTATION OR COURSE OF DEALINGS STANDARD SHALL ARISE OUT OF SERTIFI PROVIDING OR NOT PROVIDING THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERSERVICE. IN FURTHERANCE HEREOF AND WITHOUT LIMITATION, SO SOME OR ALL USE OF THE ABOVE EXCLUSIONS SERVICE AND LIMITATIONS MAY NOT APPLY TO YOUTHE HARDWARE AND SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICE IS AT CUSTOMER’S SOLE RISK.

Appears in 4 contracts

Samples: Amadeus Hospitality Subscription Agreement, Amadeus Hospitality Subscription Agreement, Amadeus Hospitality Subscription Agreement

Disclaimer of Warranties. THE APPLICATION AIRCRAFT IS PROVIDED BEING LEASED BY THE LESSOR TO END USER THE LESSEE HEREUNDER ON AN "AS IS" BASIS. THE WARRANTIES AND WITH REPRESENTATIONS SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER AND LESSOR HAS NOT MADE AND SHALL NOT BE CONSIDERED OR DEEMED TO HAVE MADE AND LESSEE HEREBY WAIVES, RELEASES, DISCLAIMS AND RENOUNCES ALL EXPECTATION OF OR RELIANCE UPON ANY WARRANTIES, OBLIGATIONS AND LIABILITIES OF LESSOR, EXPRESS, IMPLIED, STATUTORYARISING BY LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, OTHERWISE WITH RESPECT TO THE APPLICATIONDESIGN, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEUSE OF THE AIRCRAFT. LESSOR SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO ANY OF THE FOLLOWING, TITLEREGARDLESS OF ANY NEGLIGENCE OR FAULT OF LESSOR: (A) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE AIRCRAFT OR ANY COMPONENT OF THE AIRCRAFT OR BY ANY INADEQUACY THEREOF, ANY DEFICIENCY OR DEFECT IN THIS AGREEMENT OR ANY OTHER CIRCUMSTANCES IN CONNECTION WITH THE AIRCRAFT OR THIS AGREEMENT; (B) THE USE, OPERATION OR PERFORMANCE OF THE AIRCRAFT OR ANY COMPONENT OF THE AIRCRAFT OR ANY RISKS RELATING THERETO; OR (C) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR CONSEQUENTIAL DAMAGES. LESSEE SHALL INDEMNIFY, DEFEND AND NON-INFRINGEMENTHOLD LESSOR HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGACTIONS, COURSE OF PERFORMANCESUITS, USAGEPROCEEDINGS, INJURIES (OR TRADE PRACTICE. DEATH), DAMAGES, LIABILITIES, COSTS OR EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES) ARISING FROM OR IN ANY WAY RELATING TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY LESSEE'S LEASE OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL POSSESSION OF THE ABOVE EXCLUSIONS AIRCRAFT DURING THE TERM AND LIMITATIONS MAY NOT APPLY TO YOUSUCH INDEMNIFICATION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.

Appears in 4 contracts

Samples: Non Exclusive Aircraft Lease Agreement (Carlyle Group Inc.), Exclusive Aircraft Lease Agreement (Carlyle Group L.P.), Non Exclusive Aircraft Lease Agreement (Carlyle Group L.P.)

Disclaimer of Warranties. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY RESULTS OF ANY KIND. TO RESEARCH OR DEVELOPMENT CONTEMPLATED BY THIS AGREEMENT OIR THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWEXISTING AG AGREEMENT, COMPANYANY INVENTIONS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORYCOMPOUNDS, OR OTHERWISEPRODUCT, TANGIBLE OR INTANGIBLE, CONCEIVED, DISCOVERED OR DEVELOPED UNDER THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO VDCS, CDCS, PRIMARY ROYALTY PRODUCTS, OR LEGACY ROYALTY PRODUCTS), THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE RESULTS OF SUCH RESEARCH AND DEVELOPMENT OR ANY COMPOUND OR PRODUCT (INCLUDING BUT NOT LIMITED TO VDCS, CDCS, PRIMARY ROYALTY PRODUCTS, OR LEGACY ROYALTY PRODUCTS), OR ANY WARRANTY THAT THE MANUFACTURE, USE, SALE, OR IMPORT OF ANY VDC, CDC, PRIMARY ROYALTY PRODUCT, OR LEGACY ROYALTY PRODUCT WILL NOT INFRINGE, VIOLATE, OR MISAPPROPRIATE ANY PATENT OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY. EACH PARTY ACKNOWLEDGES THAT, WITHOUT LIMITATION OF THE PARTY’S CONTRACTUAL OBLIGATIONS HEREUNDER, THE RESEARCH AND DEVELOPMENT CONTEMPLATED BY THIS AGREEMENT IS EXPERIMENTAL IN NATURE AND THAT NEITHER PARTY HAS ANY OBLIGATION, AND HAS MADE NO WARRANTY, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES ANY OUTCOME OR RESULTS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SUCH RESEARCH AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUDEVELOPMENT.

Appears in 4 contracts

Samples: License Agreement (Viamet Pharmaceuticals Holdings LLC), License Agreement (Viamet Pharmaceuticals Holdings LLC), License Agreement (Viamet Pharmaceuticals Holdings LLC)

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" GEOTRUST AND WITH ALL FAULTS PARTNER EXPRESSLY DISCLAIM AND DEFECTS WITHOUT MAKE NO REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, EITHER IN FACT OR OTHERWISEBY OPERATION OF LAW, WITH RESPECT TO THE APPLICATIONSERVICES PROVIDED OR THE CERTIFICATE ISSUED HEREUNDER, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLEPURPOSE OR USE OF THE SERVICES OR CERTIFICATE, AND NON-INFRINGEMENTALL WARRANTIES, REPRESENTATIONS, CONDITIONS, TERMS AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGOBLIGATIONS IMPLIED BY STATUTE OR COMMON LAW, TRADE USAGE, COURSE OF PERFORMANCEDEALING OR OTHERWISE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. GEOTRUST AND PARTNER FURTHER DISCLAIM AND MAKE NO REPRESENTATION, USAGEWARRANTY OR COVENANT OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, TO SUBSCRIBER OR ANY THIRD PARTY THAT (A) ANY SUBSCRIBER TO WHICH IT HAS ISSUED A CERTIFICATE IS IN THE FACT THE PERSON, ENTITY OR ORGANIZATION IT CLAIMS TO BE IN THE INFORMATION SUPPLIED TO GEOTRUST OR PARTNER, (B) A SUBSCRIBER IS IN FACT THE PERSON, ENTITY OR ORGANIZATION LISTED IN A CERTIFICATE, OR TRADE PRACTICE. WITHOUT LIMITATION TO (C) THAT THE FOREGOINGINFORMATION CONTAINED IN THE CERTIFICATES OR IN ANY CERTIFICATE STATUS MECHANISM COMPILED, COMPANY PROVIDES NO WARRANTY PUBLISHED OR UNDERTAKINGOTHERWISE DISSEMINATED BY GEOTRUST, AND MAKES NO REPRESENTATION OR THE RESULTS OF ANY KIND THAT CRYPTOGRAPHIC METHOD IMPLEMENTED IN CONNECTION WITH THE APPLICATION WILL MEET YOUR REQUIREMENTSCERTIFICATES IS ACCURATE, ACHIEVE ANY INTENDED RESULTSAUTHENTIC, BE COMPATIBLE, COMPLETE 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOURELIABLE.

Appears in 3 contracts

Samples: Subscriber Agreement, True Businessid Subscriber Agreement, Enterprise SSL Premium Subscriber Agreement

Disclaimer of Warranties. EXCEPT AS SET FORTH IN THE APPLICATION IS PRECEDING SECTION, ALL DEVICES AND SERVICES ARE PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS FAULTS” AND DEFECTS WITHOUT WARRANTY ANY WARRANTY. EACH OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY ROAMBEE ENTITIES HEREBY DISCLAIMS ALL WARRANTIES, WHETHER CONDITIONS, AND DUTIES OF ANY KIND (IF ANY), EXPRESS, IMPLIED, OR STATUTORY, OR OTHERWISEINCLUDING WITHOUT LIMITATION, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES ANY OF MERCHANTABILITY, OF FITNESS FOR A ANY PARTICULAR PURPOSE, TITLEOF ACCURACY, AND NON-INFRINGEMENTOF SYSTEM INTEGRATION OR COMPATIBILITY, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGEWORKMANLIKE EFFORT, OR TRADE PRACTICEOF NON–NEGLIGENT PERFORMANCE. THE FOREGOING DISCLAIMERS INCLUDE, WITHOUT LIMITATION TO THE FOREGOINGLIMITATION, COMPANY PROVIDES NO WARRANTY OR UNDERTAKINGANY WARRANTY, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLEDUTY, OR WORK WITH CONDITION THAT: THE DEVICES OR SERVICES WILL BE UNINTERRUPTED, RELIABLE, AVAILABLE AT ANY OTHER SOFTWAREPARTICULAR TIME, APPLICATIONSSECURE, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, VIRUS-FREE, OR CORRESPOND TO ANY CONDITION; THAT ANY ERRORS MESSAGES OR REQUESTS WILL BE DELIVERED; THAT DEFECTS CAN OR WILL BE CORRECTED; OR THAT THE DEVICES OR SERVICES, ANY CONTENT, SYSTEMS, SERVERS, AND INFORMATION THAT IS IN OR UTILIZED BY THE DEVICES AND/OR SERVICES WILL BE FREE OF HARMFUL ASPECTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION ALSO, THERE IS NO WARRANTY OF TITLE OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL AGAINST INTERFERENCE WITH ANYONE’S ENJOYMENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUDEVICES OR SERVICES OR AGAINST INFRINGEMENT.

Appears in 3 contracts

Samples: Roambee Customer Agreement, Roambee Customer Agreement, Roambee Customer Agreement

Disclaimer of Warranties. EXCEPT FOR THE APPLICATION LIMITED WARRANTY, THE SOFTWARE IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE BY LAW, COMPANYGUARDIAN MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SOFTWARE AND SUPPORT, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY GUARDIAN DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORYOTHER OBLIGATIONS AND LIABILITIES, OR OTHERWISE, WITH RESPECT TO EXPRESS OR IMPLIED WARRANTIES REGARDING THE APPLICATIONSOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, SATISFACTORY QUALITY OR INTEGRATION. YOU ASSUME ALL FAULTS, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGTHE ENTIRE RISK AS TO PERFORMANCE AND RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, COURSE OF PERFORMANCEAND FOR THE INSTALLATION OF, USAGEUSE OF, OR TRADE PRACTICEAND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITATION TO LIMITING THE FOREGOINGFOREGOING PROVISIONS, COMPANY PROVIDES NO WARRANTY GUARDIAN DOES NOT MAKE ANY WARRANTY, REPRESENTATION OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND GUARANTEE THAT THE APPLICATION WILL SOFTWARE SHALL OPERATE UNINTERRUPTED OR THAT IT SHALL BE FREE FROM DEFECTS OR OTHER FAILURES OR THAT IT SHALL MEET ANY OR ALL YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, WHETHER 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY DISCLOSED TO YOUGUARDIAN.

Appears in 3 contracts

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

Disclaimer of Warranties. EXCEPT FOR THE APPLICATION IS PROVIDED EXPRESS LIMITED WARRANTY IN SECTION 8.1, TO END USER "THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GITKRAKEN PROVIDES THE SOFTWARE TO YOU “AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, OR IN ANY OTHER PROVISION OF THIS XXXX OR COMMUNICATION WITH YOU. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANYGITKRAKEN, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONSOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY GITKRAKEN PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION LICENSED SOFTWARE WILL MEET YOUR 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, STANDARDS OR BE ERROR-ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 3 contracts

Samples: License Agreement, License Agreement, License Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" WARRANTIES, IF ANY, SET FORTH IN THE SCHEDULES ARE IN LIEU OF, AND WITH ALL FAULTS MRI, ITS LICENSORS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. SUPPLIERS EXPRESSLY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE BY LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESSCONDITIONS OR OTHER TERMS, EXPRESS OR IMPLIED, STATUTORYORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, (i) ANY WARRANTY, CONDITION OR OTHERWISEOTHER TERM THAT ANY SOFTWARE, WITH RESPECT TO THE APPLICATIONSAAS SERVICE, INCLUDING CONTENT, DELIVERABLES OR OTHER SERVICES ARE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE CORRECTED; (ii) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, SATISFACTORY QUALITY, OR THE USE OF REASONABLE SKILL AND WARRANTIES CARE; (iii) ANY WARRANTY, CONDITION OR OTHER TERM THAT MAY ARISE OUT OF CONTENT AND/OR THIRD PARTY SOFTWARE WILL BE ACCURATE, RELIABLE AND ERROR-FREE AND (iv) ANY AND ALL IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCEPERFORMANCE OR USAGE OF TRADE. NO ADVICE, USAGESTATEMENT OR INFORMATION GIVEN BY MRI, ITS AFFILIATES, CONTRACTORS OR TRADE PRACTICEEMPLOYEES SHALL CREATE OR CHANGE ANY WARRANTY PROVIDED HEREIN. WITHOUT LIMITATION ALTHOUGH CERTAIN OF THE SOFTWARE AND CONTENT MAY BE DESIGNED TO HELP CLIENTS COMPLY WITH APPLICABLE LAWS AND REGULATIONS, MRI HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY SUFFICIENCY OR UNDERTAKINGACCURACY OF THE SOFTWARE AND CONTENT IN THIS REGARD. ALL SUCH LAWS AND REGULATIONS MAY CHANGE FROM TIME TO TIME, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS SOFTWARE AND LIMITATIONS CONTENT MAY NOT APPLY BE UPDATED TO YOUREFLECT SUCH CHANGES. CLIENT SHOULD CONSULT AN ATTORNEY WITH RESPECT TO COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "LICENSEE “AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 3 contracts

Samples: Mobile Application End User License Agreement (RealyInvest NNN, LLC), License Agreement, www.mymommyis.com

Disclaimer of Warranties. THE APPLICATION IS THIS SERVICE AND ITS CONTENT ARE PROVIDED TO END USER ON AN "AS IS," AND WITH ALL FAULTS AND DEFECTS "AS AVAILABLE" BASIS, WITHOUT WARRANTY REPRESENTATIONS OR WARRANTIES OF ANY KIND. YOUR USE OF OR INABILITY TO USE THIS SERVICE AND ITS CONTENT ARE AT YOUR OWN RISK. TO THE MAXIMUM FULLEST EXTENT PERMITTED UNDER APPLICABLE BY LAW, COMPANYLICENSOR, ON ITS OWN BEHALF AFFILIATES, AND ON BEHALF EACH OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS SERVICE AND ITS CONTENT. WITHOUT LIMITING THE APPLICATIONGENERALITY OF THE FOREGOING, INCLUDING LICENSOR, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED WARRANTIES OR STATUTORY, (A) OF MERCHANTABILITYTITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF ; (B) ARISING FROM A COURSE OF DEALING, DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THIS SERVICE; (D) THAT THE CONTENT OF THIS SERVICE PROVIDED THROUGH THIS SERVICE, USAGEIS ACCURATE, COMPLETE, CURRENT, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, RELIABLE FOR ANY PURPOSE AND MAKES NO REPRESENTATION OF ANY KIND (E) THAT THE APPLICATION THIS SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE INTERRUPTION OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION LIMITATION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERCERTAIN WARRANTIES, SO SOME ALL OR ALL PART OF THE ABOVE EXCLUSIONS AND LIMITATIONS THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

Appears in 3 contracts

Samples: www.porkcdn.com, www.porkcdn.com, www.porkcdn.com

Disclaimer of Warranties. TO THE APPLICATION FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, (A) THE SERVICE IS PROVIDED TO END USER "YOU “AS IS" AND ,” WITH ALL FAULTS AND DEFECTS FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCE OR GURANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU; (B) VIASAT DOES NOT MAKE AND HEREBY DISCLAIMS, COMPANYANY AND ALL EXPRESS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL IMPLIED OR STAUTORY WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENTNONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES THAT MAY ARISE OUT OF (IF ANY) ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, ; AND MAKES NO REPRESENTATION OF ANY KIND (C) VIASAT DOES NOT WARRANT THAT THE APPLICATION SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, THAT OPERATION OF THE SERVICE WILL BE COMPATIBLE, UNINTERRUPTED OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, THAT THE SERVICE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR SERVICE, THAT ANY ERRORS OR DEFECTS CAN OR IN THE SERVICE WILL BE CORRECTED, THAT THE INFORMATION CONTAINED IN THE SERVICE IS TRUE AND ACCURATE, OR THAT THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF NO ORAL OR LIMITATIONS ON IMPLIED WARRANTIES WRITTEN ADVICE PROVIDED BY VIASAT OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUWARRANTY.

Appears in 3 contracts

Samples: License Agreement, Viasat Mobile Application End User License Agreement, Viasat Mobile Application End User License Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "LICENSEE “AS IS" IS “ AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, TITLE AND NON-NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, STANDARDS OR BE ERROR-FREE, ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 3 contracts

Samples: User License Agreement, Web Application End User License Agreement, User License Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "LICENSEE “AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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, STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 2 contracts

Samples: Mobile Application End User License Agreement, Mobile Application End User License Agreement

Disclaimer of Warranties. THE APPLICATION IS SERVICES ARE PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY. SERVICE PROVIDER, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATIONSERVICES AND YOUR APPLICATION(S), INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, TITLE AND NON-NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY SERVICE PROVIDER PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR BE ERROR-ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 2 contracts

Samples: trajectoryinc.com, trajectoryinc.com

Disclaimer of Warranties. THE APPLICATION AIRCRAFT IS PROVIDED BEING LEASED BY THE LESSOR TO END USER "THE LESSEE HEREUNDER ON AN “AS IS" ” BASIS. THE WARRANTIES AND WITH REPRESENTATIONS SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER AND LESSOR HAS NOT MADE AND SHALL NOT BE CONSIDERED OR DEEMED TO HAVE MADE AND LESSEE HEREBY WAIVES, RELEASES, DISCLAIMS AND RENOUNCES ALL EXPECTATION OF OR RELIANCE UPON ANY WARRANTIES, OBLIGATIONS AND LIABILITIES OF LESSOR, EXPRESS, IMPLIED, STATUTORYARISING BY LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, OTHERWISE WITH RESPECT TO THE APPLICATIONDESIGN, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEUSE OF THE AIRCRAFT. LESSOR SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO ANY OF THE FOLLOWING, TITLEREGARDLESS OF ANY NEGLIGENCE OR FAULT OF LESSOR: (A) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE AIRCRAFT OR ANY COMPONENT OF THE AIRCRAFT OR BY ANY INADEQUACY THEREOF, ANY DEFICIENCY OR DEFECT IN THIS AGREEMENT OR ANY OTHER CIRCUMSTANCES IN CONNECTION WITH THE AIRCRAFT OR THIS AGREEMENT; (B) THE USE, OPERATION OR PERFORMANCE OF THE AIRCRAFT OR ANY COMPONENT OF THE AIRCRAFT OR ANY RISKS RELATING THERETO; OR (C) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR CONSEQUENTIAL DAMAGES. LESSEE SHALL INDEMNIFY, DEFEND AND NON-INFRINGEMENTHOLD LESSOR HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGACTIONS, COURSE OF PERFORMANCESUITS, USAGEPROCEEDINGS, INJURIES (OR TRADE PRACTICE. DEATH), DAMAGES, LIABILITIES, COSTS OR EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) ARISING FROM OR IN ANY WAY RELATING TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY LESSEE’S LEASE OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL POSSESSION OF THE ABOVE EXCLUSIONS AIRCRAFT DURING THE TERM AND LIMITATIONS MAY NOT APPLY TO YOUSUCH INDEMNIFICATION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.

Appears in 2 contracts

Samples: Non Exclusive Aircraft Lease Agreement (Carlyle Group L.P.), Non Exclusive Aircraft Lease Agreement (Carlyle Group L.P.)

Disclaimer of Warranties. YOUR PARTICIPATION IN AND/OR USE OF THE APPLICATION IS FITNESS SERVICES ARE AT YOUR OWN RISK. THE FITNESS SERVICES ARE PROVIDED TO END USER "ON AN “AS IS" AND WITH ALL FAULTS AND DEFECTS “AS AVAILABLE” BASIS, WITHOUT WARRANTY ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON OR ENTITY ASSOCIATED OR AFFILIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE ACCURACY, RELIABILITY OR QUALITY OF THE FITNESS SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED OR AFFILIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE FITNESS SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE FITNESS SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE MAXIMUM FULLEST EXTENT PERMITTED UNDER APPLICABLE PROVIDED BY LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY THE COMPANY HEREBY DISCLAIMS ALL WARRANTIESWARRANTIES OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT INCLUDING BUT NOT LIMITED TO THE APPLICATION, INCLUDING ALL IMPLIED ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, CANNOT BE EXCLUDED OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE LIMITED UNDER APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOULAW.

Appears in 2 contracts

Samples: Waiver and Release of Claims, Waiver and Release of Claims

Disclaimer of Warranties. AS BETWEEN LESSOR AND LESSEE, DELIVERY OF EQUIPMENT TO LESSEE AND EXECUTION BY LESSEE OF A RECEIPT CERTIFICATE WITH RESPECT THERETO SHALL CONSTITUTE LESSEE’S ACKNOWLEDGEMENT THAT THE APPLICATION EQUIPMENT IS PROVIDED TO END USER "AS IS" IN GOOD ORDER AND WITH ALL FAULTS CONDITION AND DEFECTS WITHOUT IS OF THE MANUFACTURE, DESIGN AND CAPACITY SELECTED BY LESSEE, THAT LESSEE IS SATISFIED THAT THE SAME IS SUITABLE FOR ITS PURPOSE, AND THAT NEITHER LESSOR NOR ANY ASSIGNEE OF LESSOR MAKES ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWOR REPRESENTATION, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONEQUIPMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITYWITHOUT LIMITATION, ITS VALUE, DESIGN, CAPACITY, CONDITION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR INTENDED USE OF THE EQUIPMENT, TITLEOR WARRANTY WITH RESPECT THERETO, AND NON-INFRINGEMENTLESSOR AND ITS ASSIGNEES HEREBY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES. IN NO EVENT SHALL ANY ASSIGNEE OF LESSOR BE LIABLE FOR ANY INCIDENTAL, AND WARRANTIES THAT MAY ARISE DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR ARISING OUT OF COURSE OF DEALINGTHIS LEASE OR THE EXISTENCE, COURSE OF PERFORMANCEFURNISHING, USAGE, FUNCTIONING OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION LESSEE’S USE OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, ITEM OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, PRODUCTS 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUSERVICES PROVIDED FOR IN THIS LEASE.

Appears in 2 contracts

Samples: Equipment Lease Purchase Agreement, Equipment Lease Purchase Agreement

Disclaimer of Warranties. THE APPLICATION IS EXCEPT AS EXPLICITLY PROVIDED TO END USER "AS IS" HEREIN, GTAR AND WITH MLS Tech EXPRESSLY AND SPECIFICALLY DISCLAIMS AND REJECTS ANY AND ALL FAULTS AND DEFECTS WITHOUT WARRANTY WARRANTIES OF ANY KIND. TO , INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWACCURACY, COMPANYRELIABILITY, ON ITS OWN BEHALF AND ON BEHALF COMPLETENESS AND/OR TIMELINESS OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORYTHE MLS DATABASES OR THE MLS CONTENT, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED ANY WARRANTIES OF MERCHANTABILITYNONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO IN ANY WAY LIMITING THE GENERALITY OF THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, MLS Tech CANNOT AND MAKES NO REPRESENTATION OF ANY KIND DOES NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, MLS DATABASES 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 THE CONTENT WILL BE CORRECTEDAVAILABLE AT ALL TIMES OR ON A CONSISTENT BASIS. SOME JURISDICTIONS DO NOT ALLOW Limitation of Liability. IN NO EVENT WILL MLS Tech OR GTAR BE LIABLE TO USER OR CONTRACTOR FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST DATA OR LOST PROFITS) ARISING OUT OF USER'S ACCESS TO OR USE OF THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES MLS DATABASES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERMLS CONTENT, SO SOME EVEN IF MLS Tech AND/OR ALL GTAR HAS BEEN ADVISED OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY POSSIBILITY OF SUCH DAMAGES. NORES'S LIABILITY TO YOU.USER FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION WILL BE STRICTLY LIMITED TO THE FEES THAT HAVE ACTUALLY BEEN PAID BY USER TO MLS Tech DURING THE SIX

Appears in 2 contracts

Samples: Data Access and License Agreement, Data Access and License Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "OTHER THAN AS IS" EXPRESSLY SET FORTH IN THIS AGREEMENT, PREAPP MAKES NO, AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY HEREBY DISCLAIMS ANY, REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONSOFTWARE, THE SERVICES PROVIDED OR THE AVAILABILITY, FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE OF THE SOFTWARE. WITHOUT LIMITING THE FOREGOING, EXCEPT AS SPECIFICALLY SET FORTH HEREIN, PREAPP DISCLAIMS ANY WARRANTY THAT THE SOFTWARE, THE SERVICES PROVIDED BY PREAPP, OR THE OPERATION OF THE SOFTWARE ARE OR WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. PREAPP MAKES NO, AND HEREBY DISCLAIMS ANY, IMPLIED WARRANTIES, INCLUDING ALL WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, OF FITNESS FOR A ANY PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT PURPOSE OR ARISING BY USAGE OF COURSE OF DEALINGTRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. (b) Disclaimer of Consequential Damages. PREAPP HAS NO LIABILITY WITH RESPECT TO THE SOFTWARE, USAGESERVICES, OR TRADE PRACTICE. ITS OTHER OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION TO LOSS OF PROFITS AND THE FOREGOINGCOST OF COVER) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, COMPANY PROVIDES NO WARRANTY OR UNDERTAKINGWHETHER IN BREACH OF CONTRACT, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSNEGLIGENCE, ACHIEVE ANY INTENDED RESULTSSTRICT LIABILITY, BE COMPATIBLEMISREPRESENTATIONS, 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL TORTS EVEN IF PREAPP HAS BEEN ADVISED OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUPOSSIBILITY OF SUCH DAMAGES.

Appears in 2 contracts

Samples: Software as a Service Agreement, Software as a Service Agreement

Disclaimer of Warranties. TOUCHSTREAM MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE APPLICATION RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. NEITHER TOUCHSTREAM NOR ITS LICENSORS REPRESENT OR WARRANT THAT: THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS; ANY STORED DATA WILL BE ACCURATE OR RELIABLE; OR ERRORS OR DEFECTS WILL BE CORRECTED. EXCEPT AS SET FORTH IN SECTION 8.2, THE SERVICE AND ALL CONTENT IS PROVIDED TO END USER "CUSTOMER STRICTLY ON AN AS IS" IS BASIS AND WITH ALL FAULTS CONDITIONS, REPRESENTATIONS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATIONINCLUDING, INCLUDING ALL WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND OR NON-INFRINGEMENTINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION ARE HEREBY DISCLAIMED TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY TOUCHSTREAM AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUITS LICENSORS.

Appears in 2 contracts

Samples: Touchstream End User License Agreement, License Agreement

Disclaimer of Warranties. EXCEPT AS OTHERWISE SET OUT IN THE APPLICATION AGREEMENT, AU10TIX LTD AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. AU10TIX LTD AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (E) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO END USER "YOU STRICTLY ON AN “AS IS" ” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATIONINCLUDING, INCLUDING ALL WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND OR NON-INFRINGEMENTINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION ARE HEREBY DISCLAIMED TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY AU10TIX LTD AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUITS LICENSORS.

Appears in 2 contracts

Samples: www.au10tix.com, www.au10tix.com

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "YOU “AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, TITLE AND NON-NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, STANDARDS OR BE ERROR-FREE, ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 2 contracts

Samples: Mobile Application End User License Agreement, Mobile Application End User License Agreement

Disclaimer of Warranties. THE APPLICATION AIRCRAFT IS PROVIDED BEING LEASED BY LESSOR TO END USER "LESSEE HEREUNDER ON AN “AS IS" ” BASIS. THE WARRANTIES AND WITH REPRESENTATIONS SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSAND LESSOR HAS NOT MADE AND SHALL NOT BE CONSIDERED OR DEEMED TO HAVE MADE AND LESSEE HEREBY WAIVES, RELEASES, DISCLAIMS AND RENOUNCES ALL EXPECTATION OF OR RELIANCE UPON ANY WARRANTIES, OBLIGATIONS AND LIABILITIES OF LESSOR, EXPRESSED, IMPLIED, STATUTORYARISING BY LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, WITH RESPECT TO THE APPLICATIONDESIGN, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEUSE OF THE AIRCRAFT. LESSOR SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO LESSEE OR ANY OTHER PERSON WITH RESPECT TO ANY OF THE FOLLOWING, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION REGARDLESS OF ANY KIND THAT NEGLIGENCE OR FAULT OF LESSOR. (A) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE APPLICATION WILL MEET YOUR REQUIREMENTSAIRCRAFT OR AY COMPONENT OF THE AIRCRAFT OR BY ANY INADEQUACY OF THE THEREOF, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, DEFICIENCY OR WORK WITH DEFECT IN THIS AGREEMENT OR ANY OTHER SOFTWARECIRCUMSTANCES IN CONNECTION WITH THE AIRCRAFT OR THIS AGREEMENT; (B) THE USE, APPLICATIONS, SYSTEMS, OPERATION 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUAIRCRAFT OR ANY COMPONENT OF THE AIRCRAFT OR ANY RISKS RELATING THERETO; OR (C) ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS OR CONSEQUENTIAL DAMAGES.

Appears in 2 contracts

Samples: Non Exclusive Aircraft Lease Agreement, Non Exclusive Aircraft Lease Agreement (U-Store-It Trust)

Disclaimer of Warranties. THE APPLICATION IS EXCEPT AS EXPLICITLY PROVIDED TO END USER "AS IS" HEREIN, GTAR AND WITH MLS Tech EXPRESSLY AND SPECIFICALLY DISCLAIMS AND REJECTS ANY AND ALL FAULTS AND DEFECTS WITHOUT WARRANTY WARRANTIES OF ANY KIND. TO , INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWACCURACY, COMPANYRELIABILITY, ON ITS OWN BEHALF AND ON BEHALF COMPLETENESS AND/OR TIMELINESS OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORYTHE MLS DATABASES OR THE MLS CONTENT, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED ANY WARRANTIES OF MERCHANTABILITYNONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO IN ANY WAY LIMITING THE GENERALITY OF THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, MLS Tech CANNOT AND MAKES NO REPRESENTATION OF ANY KIND DOES NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, MLS DATABASES 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 THE CONTENT WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW AVAILALiBmLitEatiAonT oAf LLLiabTilIiMty.ESINONROOENVAENT WILL MCOLNSSTISecThENOTRBAGSTISA.R BE LIABLE TO USER OR CONTRACTOR FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST DATA OR LOST PROFITS) ARISING OUT OF USER’S ACCESS TO OR USE OF THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES MLS DATABASES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERMLS CONTENT, SO SOME EVEN IF MLS Tech AND/OR ALL GTAR HAS BEEN ADVISED OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY POSSIBILITY OF SUCH DAMAGES. NORES’S LIABILITY TO YOU.USER FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION WILL BE STRICTLY LIMITED TO THE FEES THAT HAVE ACTUALLY BEEN PAID BY USER TO MLS Tech DURING THE SIX

Appears in 2 contracts

Samples: Data Access and License Agreement, Data Access and License Agreement

Disclaimer of Warranties. EXCEPT AS PROVIDED OTHERWISE IN THIS AGREEMENT (WHICH INCLUDES THESE GENERAL TERMS, THE APPLICATION IS PROVIDED TO END USER "AS IS" ADDENDA, ATTACHMENTS AND WITH STATEMENTS OF WORK HERETO), FIS DISCLAIMS ANY AND ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESSCONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, STATUTORY, ORAL OR OTHERWISE, WRITTEN) WITH RESPECT TO THE APPLICATIONSERVICES, INCLUDING THIRD PARTY SERVICES, SOFTWARE, DELIVERABLES, EQUIPMENT, AND MATERIALS PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OR SUITABILITY FOR A ANY PARTICULAR PURPOSE, TITLEOR ERROR FREE OPERATION (EVEN IF CREATED BY THE INTERNATIONAL SALE OF GOODS CONVENTION, AND NON-INFRINGEMENTWHETHER OR NOT FIS KNOWS, AND WARRANTIES THAT MAY HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE OUT BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. IN ADDITION, COURSE OF PERFORMANCE, USAGE, FIS DISCLAIMS ANY WARRANTY OR TRADE PRACTICE. WITHOUT LIMITATION REPRESENTATION TO ANY PERSON OTHER THAN CLIENT WITH RESPECT TO THE FOREGOINGSERVICES, COMPANY PROVIDES NO WARRANTY OR UNDERTAKINGTHIRD PARTY SERVICES, SOFTWARE, DELIVERABLES, EQUIPMENT, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUMATERIALS PROVIDED UNDER THIS AGREEMENT.

Appears in 2 contracts

Samples: Confidential Treatment (Bank of Marin Bancorp), Confidential Treatment Requested (Bank of Marin Bancorp)

Disclaimer of Warranties. INDEXIC, INC. (INCLUDING ITS THIRD PARTY SUPPLIERS AND LICENSORS) PROVIDES ACCESS TO THE APPLICATION IS PROVIDED TO END USER "AWAIVER WEBSITE ON AN “AS IS" AND ,” AS AVAILABLE BASIS, WITH ALL FAULTS FAULTS, AND DEFECTS WITHOUT WARRANTY OF HEREBY DISCLAIMS ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES ALL WARRANTIES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIESCONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, OR OTHERWISE, WITH RESPECT INCLUDING BUT NOT LIMITED TO THE APPLICATION, INCLUDING ALL ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND NON-INTERFERENCE, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, SECURITY, OR THOSE WARRANTIES THAT WHICH MAY ARISE OUT OF BY COURSE OF DEALING, DEALING OR COURSE OF PERFORMANCETRADE. INDEXIC, USAGE, INC. DISCLAIMS ANY AND ALL WARRANTIES FOR LACK OF VIRUSES OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OTHER DISABLING CODE OR UNDERTAKINGCONDITION, AND MAKES NO REPRESENTATION OF ANY KIND THAT DOES NOT WARRANT THE APPLICATION WILL MEET YOUR REQUIREMENTSINFORMATION, ACHIEVE ANY INTENDED RESULTSSERVICE, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONSCONTENT AND/OR FEATURES AVAILABLE THROUGH THE WEBSITE WILL BE UNINTERRUPTED, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTEDAVAILABLE 24 HOURS PER DAY, 7 DAYS PER WEEK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR CUSTOMER ASSUMES ALL RISKS ARISING OUT OF THE ABOVE EXCLUSIONS USE, QUALITY, ACCURACY OR PERFORMANCE OF THE AWAIVER WEBSITE, AND LIMITATIONS MAY NOT APPLY TO YOUFOR ENSURING THAT APPROPRIATE BACK-UP MEASURES ARE IN PLACE IN THE EVENT OF FAILURE OR UNAVAILABILITY OF THE WEBSITE AND/OR SERVICES.

Appears in 2 contracts

Samples: Terms of Service, Terms of Service

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "EXCEPT AS IS" AND WITH ALL FAULTS AND DEFECTS OTHERWISE BE EXPRESSLY SET FORTH IN THIS AGREEMENT, HARBOUR MAKES NO OTHER WARRANTIES CONCERNING PATENT RIGHTS, HARBOUR MATERIALS OR ANY OTHER MATTER WHATSOEVER, INCLUDING, WITHOUT WARRANTY OF LIMITATION, ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, EXPRESS OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, CONDUCT OR TRADE CUSTOM OR USAGE, AND HARBOUR DISCLAIMS ALL SUCH EXPRESS OR TRADE PRACTICEIMPLIED WARRANTIES. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES HARBOUR MAKES NO WARRANTY OR UNDERTAKINGREPRESENTATION AS TO THE VALIDITY OR SCOPE OF PATENT RIGHTS, OR THAT ANY LICENSED PRODUCT OR HARBOUR MATERIAL SHALL BE FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. FURTHER, HARBOUR HAS MADE NO INVESTIGATION AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, PATENT RIGHTS 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUHARBOUR MATERIALS ARE SUITABLE FOR COMPANY’S PURPOSES.

Appears in 2 contracts

Samples: Exclusive License Agreement (Surface Oncology, Inc.), Exclusive License Agreement (Surface Oncology, Inc.)

Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR IN THE APPLICATION IS PROVIDED DEED TO END USER "AS IS" BE FILED OF RECORD IN THE REGISTRY OF PROPERTY OF PUERTO RICO, THE SELLER HEREBY DISCLAIMS ALL CONDITIONS, OTHER WARRANTIES AND WITH ALL FAULTS AND DEFECTS STATEMENTS IN RESPECT OF THE ACQUIRED ASSETS, WHETHER EXPRESS OR IMPLIED, BY STATUTE, CUSTOM OF THE TRADE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, ANY SUCH CONDITION, WARRANTY OF ANY KIND. OR STATEMENT RELATING TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWDESCRIPTION OR QUALITY OF THE ACQUIRED ASSETS, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, MERCHANTABILITY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, THEIR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE UNDER ANY CONDITIONS) AND ANY SUCH CONDITION, TITLE, WARRANTY OR STATEMENT IS HEREBY DISCLAIMED BY THE SELLER AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGEEXCLUDED. IN NO EVENT SHALL THE SELLER OR THE PURCHASER BE LIABLE UNDER OR WITH RESPECT TO THIS AGREEMENT, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOINGANY OTHER AGREEMENT OR INSTRUMENT CONTEMPLATED HEREBY OR THEREBY (INCLUDING ALL RELATED AGREEMENTS), COMPANY PROVIDES NO WARRANTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR UNDERTAKING, AND MAKES NO REPRESENTATION PUNITIVE DAMAGES OF ANY KIND KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO, DUE TO BREACH OF WARRANTY, TORT, OR BREACH OR REPUDIATION OF ANY TERM OR CONDITION OF THIS AGREEMENT, OR ANY OTHER AGREEMENT OR INSTRUMENT CONTEMPLATED HEREBY OR THEREBY (INCLUDING ALL RELATED AGREEMENTS); PROVIDED, HOWEVER, THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK FOREGOING SHALL NOT LIMIT EITHER PARTY'S LIABILITY IN CONNECTION 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUITS INDEMNITY OBLIGATIONS FOR THIRD PARTY CLAIMS.

Appears in 2 contracts

Samples: Confidential Treatment (Inyx Inc), Asset Purchase Agreement (Inyx Inc)

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY UNIVERSITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, UNDER THIS AGREEMENT. IN PARTICULAR , UNIVERSITY DISCLAIMS ANY WARRANTY WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWINVENTION(S) CLAIMED IN THE LICENSED PATENTS OR WITH RESPECT TO THE LICENSED PATENTS THEMSELVES, COMPANYINCLUDING BUT NOT LIMITED TO, ON ANY REPRESENTATIONS OR WARRANTIES ABOUT (I) THE VALIDITY, SCOPE OR ENFORCEABILITY OF ANY OF THE LICENSED PATENTS; (II) THE ACCURACY, SAFETY OR USEFULNESS FOR ANY PURPOSE OF ANY INFORMATION PROVIDED BY UNIVERSITY TO RAINDANCE, ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORYSUBLICENSEES, OR OTHERWISEAFFILIATES OF EITHER, WITH RESPECT TO THE APPLICATIONINVENTION(S) CLAIMED IN THE LICENSED PATENTS OR WITH RESPECT TO THE LICENSED PATENTS THEMSELVES AND ANY PRODUCTS DEVELOPED FROM OR COVERED BY THEM; (III) WHETHER THE PRACTICE OF ANY CLAIM CONTAINED IN ANY OF THE LICENSED PATENTS WILL OR MIGHT INFRINGE A PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT OWNED OR LICENSED BY A THIRD PARTY; (IV) THE PATENTABILITY OF ANY INVENTION CLAIMED IN THE LICENSED PATENTS; OR (V) THE ACCURACY, INCLUDING ALL SAFETY, OR USEFULNESS FOR ANY PURPOSE OF ANY PRODUCT OR PROCESS MADE OR CARRIED OUT IN ACCORDANCE WITH OR THROUGH THE USE OF THE LICENSED PATENTS. IN ADDITION, UNIVERSITY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 2 contracts

Samples: Exclusive License Agreement (Raindance Technologies Inc), Exclusive License Agreement (Raindance Technologies Inc)

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES COUNTY MAKES NO WARRANTY OR UNDERTAKINGREPRESENTATION, AND MAKES NO EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OF THE PROJECT OR ANY PART THEREOF, OR AS TO THE FITNESS FOR ANY PARTICULAR USE OF THE PROJECT OR ANY PART THEREOF OR AS TO THE FITNESS OF THE PROJECT FOR THE USE CONTEMPLATED BY THE DISTRICT OR ANY PART THEREOF, OR ANY OTHER REPRESENTATION OF ANY KIND OR WARRANTY WITH RESPECT THERETO. THE DISTRICT ACKNOWLEDGES THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSCOUNTY IS NOT A CONTRACTOR OF THE PROJECT, ACHIEVE ANY INTENDED RESULTSTHAT THE DISTRICT PURCHASES THE PROJECT “AS-IS”, 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 IT BEING AGREED THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY AFOREMENTIONED RISKS ARE TO YOUBE BORNE BY THE DISTRICT. IN NO EVENT SHALL THE COUNTY BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE ACQUISITION, CONSTRUCTION, EXISTENCE, FURNISHING, FUNCTIONING OF THE PROJECT OR THE DISTRICT’S USE OF ANY ITEM OR PRODUCTS OR SERVICES PROVIDED FOR IN THIS AGREEMENT. THE DISTRICT ACKNOWLEDGES THAT IT IS SOLELY RESPONSIBLE FOR DETERMINING THE SUITABILITY OF THE PROJECT FOR ITS INTENDED USE.

Appears in 2 contracts

Samples: Installment Sale Agreement, Installment Sale Agreement

Disclaimer of Warranties. THE SERVICES, THE APPLICATION IS AND THE CONTENT ARE PROVIDED TO END USER "YOU ON AN “AS IS" AND WITH ALL FAULTS AND DEFECTS “AS AVAILABLE” BASIS, WITHOUT WARRANTY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY XXXXX HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT INCLUDING BUT NOT LIMITED TO THE APPLICATION, INCLUDING ALL ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEAND NON- INFRINGEMENT. NEITHER XXXXX NOR ANY PERSON ASSOCIATED WITH XXXXX MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, AND NON-INFRINGEMENTSECURITY, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGRELIABILITY, COURSE OF PERFORMANCEQUALITY, USAGEACCURACY, OR TRADE PRACTICEAVAILABILITY OF THE SERVICES, THE APPLICATION OR ANY CONTENT. WITHOUT LIMITATION TO LIMITING THE FOREGOING, COMPANY PROVIDES NO WARRANTY NEITHER GATES NOR ANYONE ASSOCIATED WITH GATES REPRESENTS OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND WARRANTS THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTIONTHE APPLICATION OR THE CONTENT WILL BE ACCURATE, MEET ANY PERFORMANCE OR RELIABILITY STANDARDSRELIABLE, OR BE ERROR-ERROR- FREE, OR UNINTERRUPTED, THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW , THAT THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES SERVICES, THE APPLICATION, CONTENT, OR THE LIMITATIONS ON SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERSERVICES, SO SOME THE APPLICATION OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUCONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Appears in 2 contracts

Samples: www.gates.com, assets.gates.com

Disclaimer of Warranties. THE APPLICATION SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE SERVICE, IS PROVIDED TO END USER "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, XXXXXXXX, AND WITH ALL FAULTS THEIR SUBSIDIARIES AND DEFECTS WITHOUT OTHER AFFILIATES, AND THEIR AGENTS, CO-BRANDERS OR OTHER PARTNERS (COLLECTIVELY, "KINGSPAY PARTIES"), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND. TO KIND WHATSOEVER FOR THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWSERVICE OR THE CONTENT, COMPANYMATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORYOR ACCESSED THROUGH THE SERVICE, OR OTHERWISEFOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE. EACH KINGSPAY PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE APPLICATIONSERVICE, INCLUDING ALL IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE KINGSPAY PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. THE KINGSPAY PARTIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, TITLEINCLUDING, AND NON-INFRINGEMENTBUT NOT LIMITED TO, AND WARRANTIES SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY ARISE OUT AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES PAYMENT TRANSACTIONS OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUSERVICE.

Appears in 1 contract

Samples: Kingspay Payments Terms

Disclaimer of Warranties. You use of the Services is at your own risk. THE APPLICATION IS SERVICES ARE PROVIDED TO END USER "AS IS," AND WITH ALL FAULTS AND DEFECTS WITHOUT ANY WARRANTY OF ANY KIND. TO WITHOUT LIMITING THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWFOREGOING, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, PROVIDER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, OR OTHERWISEINCLUDING, WITH RESPECT TO THE APPLICATIONWITHOUT LIMITATION, INCLUDING ALL IMPLIED ANY WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, INFORMATIONAL CONTENT, INTERFERENCE WITH ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE. SERVICE PROVIDER ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE SERVICES. IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE UNDER ANY CONTRACT, TITLENEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM INTERRUPTION OF USE, LOSS OR CORRUPTION OF DATA, OR LOST PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION, ORDERS, STATEMENTS, ADVICE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICEOTHER ITEMS PROVIDED THROUGH THE SERVICES. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND SERVICE PROVIDER DOES NOT WARRANT THAT THE APPLICATION WILL MEET YOUR 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 SERVICES WILL BE CORRECTEDUNINTERRUPTED OR ERROR FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERNo advice or information, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUwhether oral or written, obtained by you from Service Provider shall create any warranty not expressly stated in this Agreement.

Appears in 1 contract

Samples: www.dms.myflorida.com

Disclaimer of Warranties. THE APPLICATION IS SOFTWARE, DOCUMENTATION, IMPROVEMENTS, SERVICES AND ANY AND ALL OTHER PRODUCTS OR SERVICES PROVIDED TO END USER "BY PDQ UNDER OR IN CONNECTION WITH THIS XXXX ARE PROVIDED STRICTLY ON AN “AS IS" ” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER, AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES PDQ AND ITS LICENSORS HEREBY EXPRESSLY DISCLAIM ANY AND THEIR RESPECTIVE LICENSORS ALL REPRESENTATIONS, WARRANTIES AND SERVICE PROVIDERSGUARANTEES WHATSOEVER UNDER OR IN CONNECTION WITH THIS XXXX, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITH RESPECT TO THE APPLICATIONSOFTWARE, DOCUMENTATION, IMPROVEMENTS, SERVICES AND ANY AND ALL OTHER PRODUCTS OR SERVICES PROVIDED BY PDQ UNDER OR IN CONNECTION WITH THIS XXXX, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES OR GUARANTEES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND TITLE OR NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO LIMITING THE FOREGOING, COMPANY PROVIDES PDQ AND ITS LICENSORS MAKE NO WARRANTY REPRESENTATIONS, WARRANTIES OR UNDERTAKINGGUARANTEES WHATSOEVER WITH RESPECT TO ANY COMPATIBILITY, AND MAKES NO REPRESENTATION RELIABILITY, ACCURACY OR COMPLETENESS OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESPONSES OR RESULTS, BE COMPATIBLEWORKMANLIKE EFFORT, LACK OF VIRUSES AND MALWARE, 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUOTHERWISE.

Appears in 1 contract

Samples: License Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED HT acknowledges and agrees that Xxxxx and Xxxxx have made the selection of the Tangible Assets. HT acknowledges and agrees that it has received no statements or representations from OS and has placed no reliance upon any statements or representations of OS, including, but without limitation, with respect to the size, design, capacity, condition, qualify, durability and manufacture of the Tangible Assets and suitability of the Tangible Assets for HT’s purposes. OS MAKES NO REPRESENTATIONS OR WARRANTIES TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY HT OR ANY OTHER PERSON OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYAS TO ANY MATTER WHATSOEVER, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE APPLICATIONSIZE, INCLUDING ALL IMPLIED WARRANTIES DESIGN, CAPACITY, CONDITION, QUALITY, DURABILITY, SUITABILITY OR PERFORMANCE OF MERCHANTABILITYTHE TANGIBLE ASSETS, THEIR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLEOR WITH RESPECT TO PATENT INFRINGEMENT OR THE LIKE. OS SHALL HAVE NO LIABILITY TO HT FOR ANY DEMAND, AND NON-INFRINGEMENTCLAIM, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGCOST, COURSE OF PERFORMANCELOSS, USAGE, DAMAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION LIABILITY OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSOR NATURE WHATSOEVER, ACHIEVE NOR SHALL THERE BE ANY INTENDED RESULTSABATEMENT OF LICENSE FEES, 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION ARISING OUT OF OR LIMITATIONS ON IMPLIED WARRANTIES IN CONNECTION WITH (i) THE DEFICIENCY OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL INADEQUACY OF THE ABOVE EXCLUSIONS TANGIBLE ASSETS FOR ANY PURPOSE, WHETHER OR NOT KNOWN OR DISCLOSED TO HT, (ii) ANY DEFICIENCY OR DEFECT IN THE TANGIBLE ASSETS, (iii) THE USE OR PERFORMANCE OF THE TANGIBLE ASSETS OR (iv) ANY LOSS OF BUSINESS OR OTHER CONSEQUENTIAL LOSS OR DAMAGE WHETHER OR NOT RESULTING FROM ANY OF THE FOREGOING. HT SHALL DEFEND, INDEMNIFY AND LIMITATIONS MAY NOT APPLY HOLD OS HARMLESS AGAINST ANY AND ALL DEMANDS, CLAIMS, COSTS, LOSSES AND LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THE DESIGN, MANUFACTURE, POSSESSION, OPERATION OR USE OF THE TANGIBLE ASSETS. OS AGREES TO YOUPROVIDE HT WITH ALL WARRANTIES RUNNING TO THE TANGIBLE ASSETS FROM THE MANUFACTURER.

Appears in 1 contract

Samples: License Agreement (Outback Steakhouse Inc)

Disclaimer of Warranties. THE APPLICATION SOFTWARE IS PROVIDED TO END USER "CUSTOMER “AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANYVALMONT, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONSOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY VALMONT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION SOFTWARE WILL MEET YOUR CUSTOMER’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONSSOFTWARES, 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUCUSTOMER.

Appears in 1 contract

Samples: End User License Agreement

Disclaimer of Warranties. THE APPLICATION IS EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF IN THIS AGREEMENT, NEITHER PARTY MAKES ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO CONCERNING THE APPLICATIONDEVELOPMENT, COMMERCIALIZATION, MARKETING, OR SALE OF ANY PRODUCT INCLUDING THE SUCCESS OR POTENTIAL SUCCESS THEREOF. EXCEPT AS EXPRESSLY SET FORTH HEREIN, EACH PARTY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED THE WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PARTIES UNDERSTAND THAT THE LICENSED PRODUCTS ARE THE SUBJECT OF ONGOING CLINICAL RESEARCH AND DEVELOPMENT AND THAT NEITHER PARTY CAN ASSURE THE SAFETY OR USEFULNESS OF LICENSED PRODUCTS. NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY EXCEPT AS SET FORTH IN THIS ARTICLE 14 CONCERNING ITS PATENT RIGHTS OR KNOW-HOW, TITLEINCLUDING THE VALIDITY OR SCOPE OF ITS PATENT RIGHTS OR THAT THE MANUFACTURE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, USE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION SALE OF ANY KIND THAT LICENSED PRODUCT WILL NOT INFRINGE THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY PATENT RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUTHIRD PARTIES.

Appears in 1 contract

Samples: Strategic Alliance Agreement (Discovery Laboratories Inc /De/)

Disclaimer of Warranties. EXCEPT FOR THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY LIMITED SERVICE LEVEL COMMITMENTS SET FORTH IN SECTION 8(A), SUDRANIA DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONSEAMLESS PREQ, THE SERVICES PROVIDED OR THE AVAILABILITY, FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE OF THE SEAMLESS PREQ. WITHOUT LIMITING THE FOREGOING, EXCEPT AS SPECIFICALLY SET FORTH IN THE LIMITED SERVICE LEVEL COMMITMENTS IN SECTION 8(A), SUDRANIA DISCLAIMS ANY WARRANTY THAT THE SEAMLESS PREQ, THE SERVICES PROVIDED BY XXXXXXXX, OR THE OPERATION OF THE SEAMLESS PREQ ARE OR WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. XXXXXXXX MAKES NO, AND HEREBY DISCLAIMS, ANY IMPLIED WARRANTIES, INCLUDING ALL WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR ARISING BY USAGE OF COURSE OF DEALINGTRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. (c) Disclaimer of Consequential Damages. XXXXXXXX HAS NO LIABILITY WITH RESPECT TO THE SEAMLESS PREQ, USAGESERVICES, OR TRADE PRACTICE. ITS OTHER OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION TO LOSS OF PROFITS AND THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION COST OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL COVER) EVEN IF XXXXXXXX HAS BEEN ADVISED OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUPOSSIBILITY OF SUCH DAMAGES.

Appears in 1 contract

Samples: Preq User Agreement

Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE APPLICATION IS WEBSITE AND SERVICES ARE PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWSWAPIDEA, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES ITSELF AND ITS SUPPLIERS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERSLICENSORS, EXPRESSLY HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, ORAL OR OTHERWISE, WITH RESPECT TO THE APPLICATIONWRITTEN, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES THAT MAY ARISE OUT OF ARISING FROM ANY COURSE OF DEALING, COURSE DEALING OR PERFORMANCE OR USAGE OF PERFORMANCE, USAGE, OR TRADE PRACTICETRADE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND SWAPIDEA DOES NOT REPRESENT THAT THE APPLICATION WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, UNINTERRUPTED OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE. Limitation of Liability NEITHER PARTY (NOR ITS SUPPLIERS OR LICENSORS) SHALL BE LIABLE OR OBLIGATED TO THE OTHER PARTY UNDER ANY NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (i) INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; (ii) LOSS OF DATA, USE, PROFITS, OR THAT ANY ERRORS COACHING SESSIONS; OR DEFECTS CAN (iii) COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, RIGHTS, OR TECHNOLOGY. EXCEPT FOR INDEMNITY, BREACH OF CONFIDENTIALITY AND BREACH OF WARRANTY OBLIGATIONS. IN NO EVENT WILL BE CORRECTEDTHE MAXIMUM AGGREGATE LIABILITY OF SWAPIDEA EXCEED ONE THOUSAND DOLLARS ($1,000). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERIntellectual Property Swapidea Ownership. Except as otherwise herein provided, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUall right, title and interest, including without limitation all related intellectual property rights, in and to the Services and the Website shall, as between the parties, be and remain the valuable and exclusive property of Swapidea. In addition, Swapidea retains all proprietary rights, title, and interest, including, without limitation, all patents, copyrights, trademarks, service marks and trade secrets embodied in the Services or the Website, and to any inventions, data, information, know-how, logos, technology, software and documentation related to the Services or the Website. License to Coach Data. You hereby grant to Swapidea a non-exclusive, royalty-free, worldwide license to (i) reproduce, distribute, modify, and otherwise use and display your Coach Data on the Website.

Appears in 1 contract

Samples: Coach Agreement

Disclaimer of Warranties. THE APPLICATION IS EXCEPT AS EXPLICITLY PROVIDED TO END USER "AS IS" HEREIN, GTAR AND WITH NORES EXPRESSLY AND SPECIFICALLY DISCLAIMS AND REJECTS ANY AND ALL FAULTS AND DEFECTS WITHOUT WARRANTY WARRANTIES OF ANY KIND. TO , INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWACCURACY, COMPANYRELIABILITY, ON ITS OWN BEHALF AND ON BEHALF COMPLETENESS AND/OR TIMELINESS OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORYTHE MLS DATABASES OR THE MLS CONTENT, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED ANY WARRANTIES OF MERCHANTABILITYNONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO IN ANY WAY LIMITING THE GENERALITY OF THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, NORES CANNOT AND MAKES NO REPRESENTATION OF ANY KIND DOES NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, MLS DATABASES 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 THE CONTENT WILL BE CORRECTEDAVAILABLE AT ALL TIMES OR ON A CONSISTENT BASIS. SOME JURISDICTIONS DO NOT ALLOW Limitation of Liability. IN NO EVENT WILL NORES OR GTAR BE LIABLE TO USER OR CONTRACTOR FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST DATA OR LOST PROFITS) ARISING OUT OF USER’S ACCESS TO OR USE OF THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES MLS DATABASES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERMLS CONTENT, SO SOME EVEN IF NORES AND/OR ALL GTAR HAS BEEN ADVISED OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY POSSIBILITY OF SUCH DAMAGES. NORES’S LIABILITY TO YOUUSER FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION WILL BE STRICTLY LIMITED TO THE FEES THAT HAVE ACTUALLY BEEN PAID BY USER TO NORES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT CAUSED SUCH DAMAGE.

Appears in 1 contract

Samples: Data Access and License Agreement

Disclaimer of Warranties. THE APPLICATION SITE IS PROVIDED TO END USER "ON AN “AS IS" AND WITH ALL FAULTS AND DEFECTS ” BASIS WITHOUT WARRANTY WARRANTIES OR CONDITIONS OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EITHER EXPRESS OR IMPLIED, STATUTORYINCLUDING, BUT NOT LIMITED TO, WARRANTIES OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GLYPH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SITE OR THE CONTENT OF ANY THIRD-PARTY SITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGWARRANTY OR IN TORT FOR ANY (I) ERRORS, COURSE OF PERFORMANCE, USAGEMISTAKES, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOINGINACCURACIES OF CONTENT, COMPANY PROVIDES NO WARRANTY (II) PERSONAL INJURY OR UNDERTAKINGPROPERTY DAMAGE, AND MAKES NO REPRESENTATION OF ANY KIND THAT NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APPLICATION SITE, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL. UNDER NO CIRCUMSTANCES WILL MEET YOUR REQUIREMENTSGLYPH AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR ANY DIRECT, ACHIEVE INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INTENDED RESULTS, BE COMPATIBLEINFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY GLYPH, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTEDEVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERCONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUYOU IN THEIR ENTIRETY. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT GLYPH AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LOWER OF (I) THE TOTAL FEES PAID BY YOU TO GLYPH DURING THE SIX MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE OR (II) ONE HUNDRED DOLLARS ($100), TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 1 contract

Samples: useglyph.com

Disclaimer of Warranties. THE APPLICATION IS PROVIDED HT acknowledges and agrees that Hornx xxx Tipps have made the selection of the Assets. HT acknowledges and agrees that it has received no statements or representations from OS and has placed no reliance upon any statements or representations of OS, including, but without limitation, with respect to the size, design, capacity, condition, qualify, durability and manufacture of the Assets and suitability of the Assets for HT's purposes. OS MAKES NO REPRESENTATIONS OR WARRANTIES TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY HT OR ANY OTHER PERSON OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYAS TO ANY MATTER WHATSOEVER, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE APPLICATIONSIZE, INCLUDING ALL IMPLIED WARRANTIES DESIGN, CAPACITY, CONDITION, QUALITY, DURABILITY, SUITABILITY OR PERFORMANCE OF MERCHANTABILITYTHE ASSETS, THEIR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLEOR WITH RESPECT TO PATENT INFRINGEMENT OR THE LIKE. OS SHALL HAVE NO LIABILITY TO HT FOR ANY DEMAND, AND NON-INFRINGEMENTCLAIM, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGCOST, COURSE OF PERFORMANCELOSS, USAGE, DAMAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION LIABILITY OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSOR NATURE WHATSOEVER, ACHIEVE NOR SHALL THERE BE ANY INTENDED RESULTSABATEMENT OF LICENSE FEES, 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION ARISING OUT OF OR LIMITATIONS ON IMPLIED WARRANTIES IN CONNECTION WITH (i) THE DEFICIENCY OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL INADEQUACY OF THE ABOVE EXCLUSIONS ASSETS FOR ANY PURPOSE, WHETHER OR NOT KNOWN OR DISCLOSED TO HT, (ii) ANY DEFICIENCY OR DEFECT IN THE ASSETS, (iii) THE USE OR PERFORMANCE OF THE ASSETS OR (iv) ANY LOSS OF BUSINESS OR OTHER CONSEQUENTIAL LOSS OR DAMAGE WHETHER OR NOT RESULTING FROM ANY OF THE FOREGOING. HT SHALL DEFEND, INDEMNIFY AND LIMITATIONS MAY NOT APPLY HOLD OS HARMLESS AGAINST ANY AND ALL DEMANDS, CLAIMS, COSTS, LOSSES AND LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THE DESIGN, MANUFACTURE, POSSESSION, OPERATION OR USE OF THE ASSETS. OS AGREES TO YOUPROVIDE HT WITH ALL WARRANTIES RUNNING TO THE ASSETS FROM THE MANUFACTURER.

Appears in 1 contract

Samples: License Agreement (Outback Steakhouse Inc)

Disclaimer of Warranties. (a) THE APPLICATION IS SOFTWARE AND DOCUMENTATION ARE PROVIDED TO END USER LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANYLICENSOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATIONSOFTWARE AND DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY THE LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION LICENSED SOFTWARE WILL MEET YOUR THE LICENSEE'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, STANDARDS OR BE ERROR-FREE, ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Software End User License Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "EXCEPT AS IS" EXPRESSLY STATED IN THIS SECTION 6, PTC DISCLAIMS (AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS CUSTOMER WAIVES) ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, WRITTEN OR OTHERWISE, WITH RESPECT TO THE APPLICATIONORAL, INCLUDING ALL IMPLIED WARRANTIES ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND/OR ANY WARRANTY THAT CUSTOMER WILL ACHIEVE ANY PARTICULAR RETURN ON INVESTMENT. CUSTOMER IS SOLELY RESPONSIBLE FOR ANY RESULTS OBTAINED FROM USING THE LICENSED PRODUCTS, INCLUDING THE ADEQUACY OF INDEPENDENT TESTING OF RELIABILITY, SECURITY AND WARRANTIES ACCURACY OF ANY ITEM DESIGNED USING LICENSED PRODUCTS. PTC DOES NOT WARRANT THAT MAY ARISE OUT THE OPERATION OR OTHER USE OF COURSE OF DEALINGTHE LICENSED PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE OR WILL NOT CAUSE DAMAGE OR DISRUPTION TO CUSTOMER’S DATA, COURSE OF PERFORMANCE, USAGE, COMPUTERS OR TRADE PRACTICENETWORKS. WITHOUT LIMITATION TO LIMITING THE FOREGOING, COMPANY PROVIDES PTC WILL HAVE NO WARRANTY LIABILITY ARISING FROM ANY SECURITY INCIDENT OR UNDERTAKINGDATA LOSS THAT WOULD HAVE BEEN PREVENTED IF CUSTOMER HAD IMPLEMENTED A SECURITY SOLUTIONS, DEVICES OR FEATURES (INCLUDING “PATCHES,” FIXES AND MAKES NO REPRESENTATION OF ANY KIND THAT UPDATES) FOR THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, LICENSED PRODUCTS PROVIDED 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY MADE AVAILABLE BY PTC TO YOUCUSTOMER.

Appears in 1 contract

Samples: PTC Customer Agreement

Disclaimer of Warranties. THE APPLICATION IS SERVICES, WORK PRODUCT, AND ANY OTHER DOCUMENTATION, MATERIALS OR INFORMATION PROVIDED BY AMD TO END USER "DEVELOPER PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS" AND ,” WITH ALL FAULTS FAULTS, AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY AMD DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT INCLUDING BUT NOT LIMITED TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENTNONINFRINGEMENT, AND ALL WARRANTIES THAT MAY ARISE ARISING FROM COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE SERVICES, WORK PRODUCT, DOCUMENTATION, MATERIALS OR INFORMATION. THE ENTIRE RISK ARISING OUT OF COURSE OF DEALINGRELIANCE UPON THE SERVICES, COURSE OF PERFORMANCEWORK PRODUCT AND ANY OTHER DOCUMENTATION, USAGEMATERIALS OR INFORMATION PROVIDED PURSUANT TO THIS AGREEMENT REMAINS WITH DEVELOPER, AND AMD DOES NOT WARRANT, GUARANTEE, OR TRADE PRACTICE. WITHOUT LIMITATION MAKE ANY REPRESENTATIONS AS TO THE FOREGOINGCORRECTNESS, COMPANY PROVIDES NO WARRANTY ACCURACY, OR UNDERTAKINGRELIABILITY THEREOF. DEVELOPER IS RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING THE SERVICES, WORK PRODUCT, DOCUMENTATION, MATERIALS OR INFORMATION AND ASSUMES ALL RISKS ASSOCIATED WITH THE USE THEREOF, INCLUDING BUT NOT LIMITED TO THE RISKS OF DAMAGE TO OR LOSS OF DATA, PROGRAMS, OR EQUIPMENT, AND MAKES NO REPRESENTATION UNAVAILABILITY OR INTERRUPTION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUOPERATIONS.

Appears in 1 contract

Samples: Amd Service Level Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE APPLICATION PROGRAM IS PROVIDED TO END USER "ON AN “AS IS" AND WITH ALL FAULTS “AS AVAILABLE” BASIS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, MSGCU EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESSEXPRESS OR IMPLIED BY STATUTE, IMPLIEDCOMMON LAW OR CUSTOM, STATUTORYINCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR OTHERWISESERVICES OFFERED THROUGH THE USE OF THE PROGRAM, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ; (B) THE RELEASED PARTIES MAKE AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES GIVE NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT (i) THE APPLICATION PROGRAM WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS(ii) THE PROGRAM WILL BE UNINTERRUPTED, BE COMPATIBLETIMELY, SECURE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR THAT OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (C) ANY ERRORS MATERIAL DOWNLOADED OR DEFECTS CAN OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE EXCLUSION DOWNLOAD OR USE OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUANY SUCH MATERIAL.

Appears in 1 contract

Samples: www.msgcu.org

Disclaimer of Warranties. THE APPLICATION LICENSED PATENTS AND TECHNICAL INFORMATION ARE PROVIDED AS IS PROVIDED TO END USER "AS AND WHERE IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY . INSTITUTIONS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, IMPLIED OR OTHERWISE. IN PARTICULAR, WITH RESPECT TO THE APPLICATIONUNIVERSITY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING ALL ABOUT (I) THE VALIDITY, SCOPE OR ENFORCEABILITY OF ANY OF THE LICENSED PATENTS; (II) THE ACCURACY, SAFETY OR USEFULNESS FOR ANY PURPOSE OF ANY INFORMATION PROVIDED BY UNIVERSITY TO ANY LICENSED ENTITY; (III) FURNISHING ANY TECHNICAL INFORMATION; (IV) WHETHER THE PRACTICE OF ANY CLAIM CONTAINED IN ANY OF THE LICENSED PATENTS OR TECHNICAL INFORMATION WILL OR MIGHT INFRINGE INTELLECTUAL PROPERTY RIGHTS ; (V) THE PATENTABILITY OF ANY INVENTION CLAIMED IN THE LICENSED PATENTS; (VI) THE ACCURACY, SAFETY, OR USEFULNESS FOR ANY PURPOSE OF ANY PRODUCT OR PROCESS MADE OR CARRIED OUT IN ACCORDANCE WITH OR THROUGH THE USE OF THE LICENSED PATENTS; AND (VII) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Biotherapeutics for Oncolytic Virotherapy Technology (First Light Acquisition Group, Inc.)

Disclaimer of Warranties. AS BETWEEN LESSOR AND LESSEE, DELIVERY OF EQUIPMENT TO LESSEE AND EXECUTION BY LESSEE OF A RECEIPT CERTIFICATE WITH RESPECT THERETO SHALL CONSTITUTE LESSEE’S ACKNOWLEDGEMENT THAT THE APPLICATION EQUIPMENT IS PROVIDED TO END USER "AS IS" IN GOOD ORDER AND WITH ALL FAULTS CONDITION AND DEFECTS WITHOUT IS OF THE MANUFACTURE, DESIGN AND CAPACITY SELECTED BY XXXXXX, THAT LESSEE IS SATISFIED THAT THE SAME IS SUITABLE FOR ITS PURPOSE, AND THAT NEITHER LESSOR NOR ANY ASSIGNEE OF LESSOR MAKES ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWOR REPRESENTATION, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONEQUIPMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITYWITHOUT LIMITATION, ITS VALUE, DESIGN, CAPACITY, CONDITION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR INTENDED USE OF THE EQUIPMENT, TITLEOR WARRANTY WITH RESPECT THERETO, AND NON-INFRINGEMENTLESSOR AND ITS ASSIGNEES HEREBY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES. IN NO EVENT SHALL ANY ASSIGNEE OF LESSOR BE LIABLE FOR ANY INCIDENTAL, AND WARRANTIES THAT MAY ARISE DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR ARISING OUT OF COURSE OF DEALINGTHIS LEASE OR THE EXISTENCE, COURSE OF PERFORMANCEFURNISHING, USAGE, FUNCTIONING OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION LESSEE’S USE OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, ITEM OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, PRODUCTS 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUSERVICES PROVIDED FOR IN THIS LEASE.

Appears in 1 contract

Samples: Equipment Lease Purchase Agreement

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, INCLUDING THE SITE AND LICENSED APPLICATION ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KINDYOU. TO THE MAXIMUM EXTENT PERMITTED UNDER BY APPLICABLE LAW, COMPANYOUR SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", ON ITS OWN BEHALF WITH ALL FAULTS AND ON BEHALF WITHOUT WARRANTY OF ITS AFFILIATES ANY KIND, AND ITS WE HEREBY DISCLAIM ALL WARRANTIES AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, CONDITIONS WITH RESPECT TO THE APPLICATIONSERVICE, INCLUDING ALL EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLEOF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT NON­INFRINGEMENT OF COURSE THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF DEALING, COURSE OF PERFORMANCE, USAGE, THE SERVICE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, UNINTERRUPTED OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREEERROR­FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR IN THE SERVICE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. SHOULD THE EXCLUSION SERVICE CAUSE ANY DEFECTS, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUCORRECTION.

Appears in 1 contract

Samples: License Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Application End User License Agreement

Disclaimer of Warranties. USE OF THE APPLICATION RE­COMPOSE SOFTWARE IS AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. RE­COMPOSE SOFTWARE IS PROVIDED TO END USER "AS IS" AND ", WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. RE­COMPOSE AND RE­COMPOSE'S LICENSORS (COLLECTIVELY REFERRED TO AS "RE­COMPOSE") HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWRE­COMPOSE SOFTWARE, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EITHER EXPRESS, IMPLIED, OR STATUTORY, OR OTHERWISEINCLUDING, WITH RESPECT TO BUT NOT LIMITED TO, THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLEOF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENTNON­INFRINGEMENT OF THIRD PARTY RIGHTS. RE­COMPOSE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE RE­COMPOSE SOFTWARE, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION FUNCTIONS CONTAINED IN THE RE­COMPOSE SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, THAT THE OPERATION OF THE RE­COMPOSE SOFTWARE WILL BE COMPATIBLE, UNINTERRUPTED OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREEERROR­FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR IN THE RE­COMPOSE SOFTWARE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Liquid Notes Software License Agreement

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Disclaimer of Warranties. THE APPLICATION IS ANY AND ALL DATA FEEDS ARE PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWBABEL STREET DISCLAIMS AND EXCLUDES ANY AND ALL OTHER WARRANTIES INCLUDING, COMPANYBUT NOT LIMITED TO, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL ANY IMPLIED WARRANTIES OF QUALITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY, ACCURACY, COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT IRRESPECTIVE OF ANY COURSE OF DEALING, COURSE OF DEALING OR PERFORMANCE, USAGECUSTOM OR USAGE OF TRADE. BABEL STREET DOES NOT WARRANT THAT ANY DATA FEED WILL BE UNINTERRUPTED, THAT ANY DATA FEED WILL BE ERROR OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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-DEFECT FREE, OR THAT ANY ERRORS DATA FEED WILL ALWAYS BE ACCESSIBLE OR DEFECTS CAN AVAILABLE. CUSTOMER FURTHER AGREES THAT BABEL STREET WILL NOT BE LIABLE TO CUSTOMER OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION ANY THIRD PARTY FOR ANY LOSS, DAMAGE OR INJURY ARISING OUT OF OR LIMITATIONS ON IMPLIED WARRANTIES CAUSED IN WHOLE OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERIN PART BY BABEL STREET’S ACTS OR OMISSIONS (WHETHER NEGLIGENT OR OTHERWISE) IN PROCURING, SO SOME COMPILING, COLLECTING, INTERPRETING, TRANSLATING, REPORTING, COMMUNICATING OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY DELIVERING ANY DATA, DATA FEED, AND/OR OTHER INFORMATION TO YOUCUSTOMER IN CONNECTION WITH THIS AGREEMENT.

Appears in 1 contract

Samples: assets.digitalmarketplace.service.gov.uk

Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 9 OF THIS AGREEMENT, CLOSERWARE AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE APPLICATION RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. CLOSERWARE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (E) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO END USER YOU STRICTLY ON AN "AS IS" BASIS. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 9 OF THIS AGREEMENT, ALL CONDITIONS, REPRESENTATIONS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATIONINCLUDING, INCLUDING ALL WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND OR NON-INFRINGEMENTINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION ARE HEREBY DISCLAIMED TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY CLOSERWARE AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUITS LICENSORS.

Appears in 1 contract

Samples: Terms of Service

Disclaimer of Warranties. THE APPLICATION IS SOFTWARE, RENDERED HEREUNDER BY COMPANY ARE PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS FAULTS. COMPANY HEREBY DISCLAIMS ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT AND DEFECTS FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE THE SOFTWARE WILL OPERATE WITHOUT WARRANTY OF ANY KINDINTERRUPTION OR ERROR. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWFURTHER, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES COMPANY AND ITS SUPPLIERS DO NOT WARRANT THAT ANY SOFTWARE SHALL MEET CLIENT’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE. COMPANY DOES NOT PROVIDE, AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYAND ALL OBLIGATIONS OR LIABILITIES FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE, MAINTENANCE OR PERFORMANCE THEREOF. ANY ESTIMATE REGARDING SCOPE, TIME OF COMPLETION, COSTS, OR OTHER MATTERS WHICH MAY BE PROVIDED BY COMPANY ORALLY OR IN WRITING (WHETHER IN A ORDER OR OTHERWISE) ARE GIVEN USING COMMERCIALLY REASONABLE METHODS OF ESTIMATION AND ARE IN GOOD FAITH, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR BUT SHALL NOT BE CONSTRUED AS A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION GUARANTEE OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUTYPE.

Appears in 1 contract

Samples: Beta License Agreement

Disclaimer of Warranties. THE APPLICATION APP IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONAPP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION APP WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Sleep Health End User License Agreement

Disclaimer of Warranties. EXCEPT FOR THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY LIMITED SERVICE LEVEL COMMITMENTS SET FORTH IN SECTION 8(A), SUDRANIA DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONSEAMLESS MFO, THE SERVICES PROVIDED OR THE AVAILABILITY, FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE OF THE SEAMLESS MFO. WITHOUT LIMITING THE FOREGOING, EXCEPT AS SPECIFICALLY SET FORTH IN THE LIMITED SERVICE LEVEL COMMITMENTS IN SECTION 8(A), SUDRANIA DISCLAIMS ANY WARRANTY THAT THE SEAMLESS MFO, THE SERVICES PROVIDED BY SUDRANIA, OR THE OPERATION OF THE SEAMLESS MFO ARE OR WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. SUDRANIA MAKES NO, AND HEREBY DISCLAIMS, ANY IMPLIED WARRANTIES, INCLUDING ALL WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR ARISING BY USAGE OF COURSE OF DEALINGTRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. (c) Disclaimer of Consequential Damages. SUDRANIA HAS NO LIABILITY WITH RESPECT TO THE SEAMLESS MFO, USAGESERVICES, OR TRADE PRACTICE. ITS OTHER OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION TO LOSS OF PROFITS AND THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION COST OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL COVER) EVEN IF SUDRANIA HAS BEEN ADVISED OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUPOSSIBILITY OF SUCH DAMAGES.

Appears in 1 contract

Samples: Mfo User Agreement

Disclaimer of Warranties. EXCEPT FOR THE APPLICATION IS PROVIDED TO END USER "AS IS" LIMITED SERVICE LEVEL COMMITMENTS SET FORTH IN SECTION 8(A), VOREALIS MAKES NO, AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY HEREBY DISCLAIMS ANY, REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONSYSTEM, THE SERVICES PROVIDED OR THE AVAILABILITY, FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE OF THE SYSTEM. WITHOUT LIMITING THE FOREGOING, EXCEPT AS SPECIFICALLY SET FORTH IN THE LIMITED SERVICE LEVEL COMMITMENTS IN SECTION 8(A), VOREALIS DISCLAIMS ANY WARRANTY THAT THE SYSTEM, THE SERVICES PROVIDED BY VOREALIS, OR THE OPERATION OF THE SYSTEM ARE OR WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. VOREALIS MAKES NO, AND HEREBY DISCLAIMS ANY, IMPLIED WARRANTIES, INCLUDING ALL WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF NON- INFRINGEMENT, MERCHANTABILITY, OF FITNESS FOR A ANY PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT PURPOSE OR ARISING BY USAGE OF COURSE OF DEALINGTRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. (c) Disclaimer of Consequential Damages. VOREALIS HAS NO LIABILITY WITH RESPECT TO THE SYSTEM, USAGESERVICES, OR TRADE PRACTICE. ITS OTHER OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION TO LOSS OF PROFITS AND THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION COST OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL COVER) EVEN IF VOREALIS HAS BEEN ADVISED OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUPOSSIBILITY OF SUCH DAMAGES.

Appears in 1 contract

Samples: www.taskblast.com

Disclaimer of Warranties. EXCEPT FOR THE APPLICATION IS PROVIDED TO END USER "AS IS" REPRESENTATIONS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY WARRANTIES SET FORTH IN THIS SECTION 11, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND WHATSOEVER TO THE OTHER PARTY OR ANY OTHER ENTITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EACH PARTY EXPRESSLY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED UNDER BY APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF LAW ANY AND ON BEHALF OF ITS AFFILIATES ALL OTHER REPRESENTATIONS AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WITHOUT LIMITATION (I) WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE(II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS, (IV) WARRANTIES RELATING TO THE XX XXXXX OR BI MARKS, AND NON-INFRINGEMENT, AND (V) WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF OTHERWISE RELATING TO PERFORMANCE, USAGENONPERFORMANCE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OTHER ACTS OR UNDERTAKING, AND MAKES NO REPRESENTATION OF OMISSIONS BY SUCH PARTY OR ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, AFFILIATE 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUTHIRD PARTY.

Appears in 1 contract

Samples: Software Development and License and Services Agreement (Brightmail Inc)

Disclaimer of Warranties. THE APPLICATION SERVICE IS PROVIDED TO END USER "USERS AND LICENSEE “AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANYOUTERN, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONSERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY OUTERN PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION SERVICE WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Terms of Service

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "LICENSEE “AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANYTRUCKL, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY TRUCKL PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Service Agreement

Disclaimer of Warranties. EXCEPT FOR THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY LIMITED SERVICE LEVEL COMMITMENTS SET FORTH IN SECTION 8(A), SUDRANIA DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONSEAMLESS IMPACT, THE SERVICES PROVIDED OR THE AVAILABILITY, FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE OF THE SEAMLESS IMPACT. WITHOUT LIMITING THE FOREGOING, EXCEPT AS SPECIFICALLY SET FORTH IN THE LIMITED SERVICE LEVEL COMMITMENTS IN SECTION 8(A), SUDRANIA DISCLAIMS ANY WARRANTY THAT THE SEAMLESS IMPACT, THE SERVICES PROVIDED BY XXXXXXXX, OR THE OPERATION OF THE SEAMLESS IMPACT ARE OR WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. XXXXXXXX MAKES NO, AND HEREBY DISCLAIMS, ANY IMPLIED WARRANTIES, INCLUDING ALL WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR ARISING BY USAGE OF COURSE OF DEALINGTRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. (c) Disclaimer of Consequential Damages. XXXXXXXX HAS NO LIABILITY WITH RESPECT TO THE SEAMLESS IMPACT, USAGESERVICES, OR TRADE PRACTICE. ITS OTHER OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION TO LOSS OF PROFITS AND THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION COST OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL COVER) EVEN IF XXXXXXXX HAS BEEN ADVISED OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUPOSSIBILITY OF SUCH DAMAGES.

Appears in 1 contract

Samples: Saas Agreement

Disclaimer of Warranties. EXCEPT FOR THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWEXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY PICKNIK DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, OR OTHERWISEREGARDING THE PICKNIK IP, WITH RESPECT TO THE APPLICATIONOPEN SOURCE CONTRIBUTIONS, AND THE SERVICES, INCLUDING ALL IMPLIED ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE OUT OF ARISING FROM COURSE OF DEALING, DEALING OR COURSE OF PERFORMANCE. THE SOFTWARE AND SERVICES ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSES. PICKNIK SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT, USAGEIN WARRANTY, INDEMNITY, OR TRADE PRACTICEOTHERWISE, FOR ISSUES ARISING IN CONNECTION WITH ANY VERSION OF THE SOFTWARE OTHER THAN ITS MOST CURRENT VERSION. WITHOUT LIMITATION TO BECAUSE PICKNIK CANNOT CONTROL CUSTOMER’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE CONFIGURATION SERVICES, PICKNIK IP, ROBOT PLATFORM, OPEN SOURCE CONTRIBUTIONS, OR ANY TECHNOLOGIES RESULTING FROM ANY OF THE FOREGOING WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND, AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR CUSTOMER’S USE OF THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimer of Warranties. EXCEPT FOR THE APPLICATION LIMITED WARRANTY SET FORTH IN SECTION 8, AND IN THE EVENT THE SOFTWARE IS LICENSED PURSUANT TO SECTIONS 2(a), 2(b) OR 2(c) ABOVE, THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO END USER "LICENSEE “AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANYLICENSOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONSOFTWARE AND DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY THE LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION SOFTWARE WILL MEET YOUR 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, STANDARDS OR BE ERROR-ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: End User License Agreement

Disclaimer of Warranties. THE APPLICATION IS EXCEPT AS OTHERWISE EXPRESSLY PROVIDED TO END USER "AS IS" IN THIS AGREEMENT, WPG CONSULTING LLC DOES NOT MAKE, AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES WARRANTY (I) OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING; (II) ARISING BY USAGE OR TRADE PRACTICES, COURSE OF DEALING OR COURSE OF PERFORMANCE; (III) THAT THE SERVICES ARE ERROR FREE, USAGEUNINTERRUPTED OR SECURE FROM THIRD- PARTY ATTACK; AND (IV) THAT SERVICES ARE FREE FROM DEFECTS, FIT TO BE SOLD, WILL PERFORM IN A PARTICULAR MANNER OR TRADE PRACTICESPEED OR TO A PARTICULAR STANDARD OR ANY QUALITY OF SERVICE. WITHOUT LIMITATION TO THE FOREGOINGFURTHER, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND WPG CONSULTING LLC MAKES NO REPRESENTATION OR WARRANTY THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING CALLS TO 911 OR ANY SIMILAR EMERGENCY RESPONSE NUMBER), OR GUARANTEE REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY THE SERVICES, THE INTEGRITY OF ANY KIND DATA THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSIS SENT, ACHIEVE ANY INTENDED RESULTSBACKED UP, BE COMPATIBLE, STORED OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREESUBJECT TO LOAD BALANCING, OR THAT ANY ERRORS WPG CONSULTING LLC’S SECURITY PROCEDURES WILL PREVENT THE LOSS OR DEFECTS CAN ALTERATION OF, OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS IMPROPER ACCESS TO CUSTOMER’S DATA AND LIMITATIONS MAY NOT APPLY TO YOUCONFIDENTIAL INFORMATION.

Appears in 1 contract

Samples: Master Service Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION VARO PRODUCTS AND VARO CONTENT IS AT YOUR SOLE RISK AND UNDER NO CIRCUMSTANCES WILL VARO BE LIABLE FOR (AND YOU RELEASE VARO FROM, AND WAIVE ANY RIGHTS TO BRING ANY CLAIMS FOR, ANY LIABILITIES ARISING FROM) ANY VARO CONTENT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OR ANY KIND INCURRED AS A RESULT OF THE USE OR RELIANCE ON WITH RESPECT TO THE VARO PRODUCTS. THE VARO PRODUCTS AND VARO CONTENT AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED TO END USER ON AN "AS IS" AND WITH "AS AVAILABLE" BASIS. VARO EXPRESSLY DISCLAIMS ALL FAULTS AND DEFECTS WITHOUT WARRANTY WARRANTIES OF ANY KIND. , WHETHER EXPRESS OR IMPLIED, RELATING TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWVARO PRODUCTS AND VARO CONTENT, COMPANYINCLUDING, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT BUT NOT LIMITED TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, PURPOSE AND NON-INFRINGEMENT. VARO AND ITS SERVICE PROVIDERS MAKE NO WARRANTY, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGEREPRESENTATION, OR TRADE PRACTICE. WITHOUT LIMITATION TO GUARANTEE THAT (I) THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION VARO PRODUCTS WILL MEET YOUR 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 (II) THE VARO PRODUCTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF UNINTERRUPTED, TIMELY, SECURE OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.ERROR FREE,

Appears in 1 contract

Samples: User Agreement

Disclaimer of Warranties. BY DOWNLOADING, INSTALLING AND/OR USING THE APPLICATION, YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED TO END USER ON AN "AS IS' AND "AS AVAILABLE" BASIS, AND WITH ALL FAULTS THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND DEFECTS WITHOUT WARRANTY OF ANY KINDTHIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES DKF AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND THEIR RESPECTIVE LICENSORS HEREBY DISCLAIM ANY AND SERVICE PROVIDERSALL REPRSENTATIONS, EXPRESSLY DISCLAIMS ALL WARRANTIESWARRANTIES AND GUARANTIES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, OR OTHERWISEAND INCLUDING, WITH RESPECT TO WITHOUT LIMITATION, THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FURTHERMORE, DKF AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGITS AFFILIATES, COURSE OF PERFORMANCEPARTNERS, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES SUPPLIERS AND LICENSORS MAKE NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT (I) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPED, ACHIEVE ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR- FREE; (III) THE QUALITY OF ANY INTENDED RESULTSPRODUCTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET ANY PERFORMANCE YOUR EXPECTATIONS; OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT (IV) ANY ERRORS IN THE APPLICATION OR DEFECTS CAN OR THIRD PARTY CONENT AND SERVICES WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DKF OR FROM THE EXCLUSION APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT DKF HAS NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL DKF OR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR LIMITATIONS ON IMPLIED WARRANTIES IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE LIMITATIONS ON APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME DAMAGES WERE FORESEEABLE AND WHETHER OR ALL NOT DKF WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DKF'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUSTATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Appears in 1 contract

Samples: dkfsolutions.com

Disclaimer of Warranties. THE APPLICATION IS EXCEPT AS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWIN SECTION 6, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, MATROX EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EXPRESS AND IMPLIED, STATUTORYINCLUDING, OR OTHERWISEBUT NOT LIMITED TO, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MATROX DOES NOT WARRANT THAT THE LICENSED SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S REQUIREMENTS, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGETHE LICENSED SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION OPERATION OF THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, UNINTERRUPTED 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 DEFECTS IN THE LICENSED SOFTWARE OR DEFECTS CAN OR DOCUMENTATION WILL BE CORRECTED. SOME JURISDICTIONS DO THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE LICENSED SOFTWARE IS ASSUMED BY LICENSEE. FURTHERMORE, EXCEPT AS PROVIDED IN SECTION 6, MATROX DOES NOT ALLOW WARRANT OR MAKE ANY REPRESENTATION REGARDING THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES USE OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL RESULTS OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUUSE OF THE LICENSED SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPPLICATION, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MATROX OR MATROX'S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF WARRANTIES PROVIDED IN THIS AGREEMENT.

Appears in 1 contract

Samples: Please Read

Disclaimer of Warranties. EXCEPT FOR THE APPLICATION IS PROVIDED TO END USER "AS IS" EXPRESS WARRANTY SET OUT IN PARAGRAPH 8.1 OF THIS LICENSE, THE UNIVERSITY DISCLAIMS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS EXCLUDES ALL WARRANTIES, WHETHER EXPRESS, EXPRESS AND IMPLIED, STATUTORYCONCERNING THE SOFTWARE, OR OTHERWISEINCLUDING, WITH RESPECT TO WITHOUT LIMITATION, THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICENONINFRINGEMENT. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO UNIVERSITY DISCLAIMS ANY WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 SOFTWARE IS OR WILL BE CORRECTEDERROR FREE, WILL RUN INTERRUPTED OR WILL NOT BE OTHERWISE HARMFUL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION COMPANY ACCEPTS THE SOFTWARE "AS IS, WITH ALL DEFECTS." 8.3. Limitation of Liability. EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN NO EVENT SHALL THE UNIVERSITY BE LIABLE FOR (A) PERSONAL INJURY OR LIMITATIONS ON IMPLIED WARRANTIES PROPERTY DAMAGES OR (B) LOST PROFITS, LOST BUSINESS OPPORTUNITY, INVENTORY LOSS, WORK STOPPAGE, LOST DATA OR ANY OTHER RELIANCE OR EXPECTANCY, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OF ANY KIND. IN NO EVENT SHALL THE TOTAL AMOUNT OF THE UNIVERSITY'S LIABILITY ARISING OUT OF THE USE OR REPRODUCTION OF THE SOFTWARE (INCLUDING ERRORS, DELAYS AND INTERRUPTIONS) OR THE LIMITATIONS ON UNIVERSITY'S NONPERFORMANCE OF THIS LICENSE EXCEED THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL AMOUNT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY LICENSE FEE PAID TO YOUTHE UNIVERSITY UNDER THIS LICENSE.

Appears in 1 contract

Samples: Commercial License Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "LICENSEE “AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE APPLI- CABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT RE- SPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES WARRAN- TIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 CORRECTED.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Terms of Use Agreement

Disclaimer of Warranties. THE APPLICATION IS EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF IN THIS AGREEMENT, NEITHER PARTY MAKES ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO CONCERNING THE APPLICATIONDEVELOPMENT, COMMERCIALIZATION, MARKETING, OR SALE OF ANY PRODUCT INCLUDING THE SUCCESS OR POTENTIAL SUCCESS THEREOF. EXCEPT AS EXPRESSLY SET FORTH HEREIN, EACH PARTY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED THE WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PARTIES UNDERSTAND THAT THE LICENSED PRODUCTS ARE THE SUBJECT OF ONGOING CLINICAL RESEARCH AND DEVELOPMENT AND THAT NEITHER PARTY CAN ASSURE THE SAFETY OR USEFULNESS OF LICENSED PRODUCTS. NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY EXCEPT AS SET FORTH IN THIS ARTICLE 12 CONCERNING ITS PATENT RIGHTS OR KNOW-HOW, TITLEINCLUDING THE VALIDITY OR SCOPE OF ITS PATENT RIGHTS OR THAT THE MANUFACTURE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, USE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION SALE OF ANY KIND THAT LICENSED PRODUCT WILL NOT INFRINGE THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY PATENT RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUTHIRD PARTIES.

Appears in 1 contract

Samples: License Agreement (Discovery Laboratories Inc /De/)

Disclaimer of Warranties. THE APPLICATION UTILITY IS PROVIDED TO END USER "ON AN “AS IS" ” BASIS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KINDIS ONLY FOR COMMERCIAL USE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWSAGE, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITSELF, ITS AFFILIATES AFFILIATES, AND ITS LICENSORS, DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL REPRESENTATIONS, WARRANTIES, AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIESGUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONINCLUDING THOSE (I) OF MERCHANTABILITY OR SATISFACTORY QUALITY, INCLUDING ALL IMPLIED WARRANTIES (II) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE(III) OF NON- INFRINGEMENT AND (IV) ARISING FROM CUSTOM, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGTRADE USAGE, COURSE OF PRIOR DEALING OR COURSE OF PERFORMANCE. NEITHER SAGE, USAGEITS AFFILIATES, NOR ITS LICENSORS WARRANT THAT YOUR USE OF THE UTILITY WILL BE UNINTERRUPTED OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES UTILITY AND/OR THE LIMITATIONS ON INFORMATION YOU OBTAIN THROUGH USING THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERUTILITY WILL MEET YOUR REQUIREMENTS OR PRODUCE PARTICULAR OUTCOMES OR RESULTS. SAGE IS NOT RESPONSIBLE FOR ANY PERFORMANCE ISSUES OR ERRORS WITH THE UTILITY THAT ARISE FROM YOUR DATA OR ANY THIRD PARTY. YOU ACKNOWLEDGE THAT SAGE DOES NOT PROVIDE ANY ACCOUNTING, SO SOME TAXATION, FINANCIAL, INVESTMENT, LEGAL, OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY OTHER ADVICE TO YOUYOU OR ANY THIRD PARTIES.

Appears in 1 contract

Samples: Sage End User License Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANYXXXXXX FIBER, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY XXXXXX FIBER PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Mobile Application End User License Agreement

Disclaimer of Warranties. THE APPLICATION APP IS PROVIDED TO END USER YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANYNEX-TECH, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERSAFFILIATES, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY NEX-TECH PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION APP WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: User License Agreement

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE APPLICATION PROGRAM IS PROVIDED TO END USER "ON AN “AS IS" AND WITH ALL FAULTS “AS AVAILABLE” BASIS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESSEXPRESS OR IMPLIED BY STATUTE, IMPLIEDCOMMON LAW OR CUSTOM, STATUTORYINCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR OTHERWISESERVICES OFFERED THROUGH THE USE OF THE PROGRAM, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, NON‐INFRINGEMENT; (B) THE RELEASED PARTIES MAKE AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES GIVE NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT (i) THE APPLICATION PROGRAM WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS(ii) THE PROGRAM WILL BE UNINTERRUPTED, BE COMPATIBLETIMELY, SECURE, OR WORK WITH ERROR‐FREE, AND (iii) THE QUALITY OF ANY OTHER SOFTWAREPRODUCTS, APPLICATIONSSERVICES, SYSTEMSINFORMATION, OR SERVICESOTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, OPERATE WITHOUT INTERRUPTIONAND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR AND YOU WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE EXCLUSION DOWNLOADING OR USE OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUANY SUCH MATERIAL.

Appears in 1 contract

Samples: www.hustlermoneyblog.com

Disclaimer of Warranties. THE APPLICATION IS SOFTWARE, DB, AND DOCUMENTATION ARE PROVIDED TO END USER "LICENSEE ON AN “AS IS" ,” “WITH ALL FAULTS,” AND WITH ALL FAULTS AND DEFECTS WITHOUT NO WARRANTY OF ANY KINDWHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES SITIME AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES . SITIME DOES NOT WARRANT THAT MAY ARISE OUT USE OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, THE SOFTWARE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY DB WILL BE UNINTERRUPTED OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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, THAT DEFECTS WILL BE CORRECTED OR THAT THE SOFTWARE AND THE DB ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SITIME DOES NOT WARRANT THAT THE SITIME MEMS OSCILLATORS WILL MEET LICENSEE’S REQUIREMENTS, PASS LICENSEE’S QUALIFICATION PROCESSES, OR BE READY FOR PRODUCTION PURPOSES. LICENSEE IS SOLELY RESPONSIBLE FOR THE USE, OPERATION, CONTROL, AND SAFETY OF THE SOFTWARE, DB, AND DOCUMENTATION. LICENSEE WILL INDEMNIFY AND HOLD SITIME HARMLESS FROM ANY ERRORS AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING FROM OR DEFECTS CAN RELATING TO ANY HANDLING OR WILL BE CORRECTEDUSE OF ALL OR ANY PART OF THE SOFTWARE, DB, OR DOCUMENTATION. SOME JURISDICTIONS DO SITIME DOES NOT ALLOW WARRANT THAT THE EXCLUSION SOFTWARE, DB, AND DOCUMENTATION MEET OR COMPLY WITH THE TECHNICAL REQUIREMENTS OF OR LIMITATIONS ON IMPLIED WARRANTIES FCC, CE, UL, OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMEREUROPEAN UNION DIRECTIVES REGARDING ELECTROMAGNETIC COMPATIBILITY, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUWITH ANY OTHER CURRENT OR FUTURE LAWS OR STANDARDS.

Appears in 1 contract

Samples: License Agreement

Disclaimer of Warranties. THE APPLICATION IS SOFTWARE AND DOCUMENTATION ARE PROVIDED TO END USER LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT CONDITION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANYLICENSOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL CONDITIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONSOFTWARE AND DOCUMENTATION, INCLUDING ALL IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET POSSESSION AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO LIMITING THE FOREGOING, COMPANY THE LICENSOR PROVIDES NO CONDITION, WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION LICENSED SOFTWARE WILL MEET YOUR THE LICENSEE'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, STANDARDS OR BE ERROR-FREE, ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Software End User Licence Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "EXPRESSLY AGREES THAT USE OF THIS SITE AND ANY AFFILIATED SITE IS AT END USER’S SOLE RISK. NEITHER THE COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY AFFILIATED SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY AFFILIATED SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THIS SITE OR THE AFFILIATED SITES. THIS SITE AND THE AFFILIATED SITES ARE MADE ACCESSIBLE ON AN “AS IS" AND WITH “AS AVAILABLE” BASIS. THE COMPANY HEREBY DISCLAIMS ANY AND ALL FAULTS REPRESENTATIONS, WARRANTIES AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIESCONDITIONS, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR OTHERWISEBUT NOT LIMITED TO, WITH RESPECT TO THE APPLICATIONTHOSE OF TITLE, INCLUDING ALL IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Terms of Service

Disclaimer of Warranties. THE APPLICATION THIS WEB SITE IS PROVIDED TO END USER OFFERED ON AN "AS IS" AND WITH "AS AVAILABLE" BASIS. AS A CONDITION OF USING THIS SITE, YOU ASSUME ALL FAULTS AND DEFECTS WITHOUT WARRANTY RISK OF LOSS RESULTING FROM THE USE OF, OR RELIANCE ON, THIS SITE OR ANY KINDMATERIALS IDENTIFIED, LOCATED, OR OBTAINED BY USING THIS SITE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES EBRARY AND ITS SUPPLIERS AND THEIR RESPECTIVE LICENSORS MAKE NO WARRANTY REGARDING THE ACCESSIBILITY OF THE SITE OR THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE MATERIALS. EBRARY AND ITS LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS SUPPLIERS SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, WARRANTIES INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ALL CONDITIONS OF QUALITY. NO USER SHOULD RELY ON OR ATTEMPT TO TRY ANY INFORMATION, TITLEACT OR OTHER EVENT PORTRAYED ON THIS SITE. AS WITH ALL INFORMATION AVAILABLE THROUGH THIS SITE, LEGAL, FINANCIAL, MEDICAL, HEALTH, AND NON-INFRINGEMENT, SAFETY RELATED INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICEIS NOT A SUBSTITUTE FOR ADVICE FROM A QUALIFIED PROFESSIONAL. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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. BECAUSE SOME JURISDICTIONS DO NOT ALLOW PERMIT THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS CERTAIN WARRANTIES, SOME OF A CONSUMER, SO SOME OR ALL OF THE ABOVE THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimer of Warranties. LESSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, TITLE TO, DESIGN, OPERATION, CONDITION, OR QUALITY OF THE APPLICATION MATERIAL OR WORKMANSHIP IN, EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, THE ABSENCE OF LATENT OR OTHER DEFECTS (WHETHER OR NOT DISCOVERABLE), LACK OF INFRINGEMENT ON ANY PATENT, TRADEMARK OR COPYRIGHT, AND LESSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES; IT BEING UNDERSTOOD THAT THE EQUIPMENT IS PROVIDED LEASED TO END USER "LESSEE “AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY , WHERE IS.” LESSEE HAS MADE THE SELECTION OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, EQUIPMENT FROM THE SUPPLIER BASED ON ITS OWN BEHALF JUDGMENT AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIESANY RELIANCE ON ANY STATEMENTS OR REPRESENTATIONS MADE BY LESSOR. IN NO EVENT SHALL LESSOR BE LIABLE FOR ANY INDIRECT, WHETHER EXPRESSSPECIAL OR CONSEQUENTIAL DAMAGES, IMPLIEDLESSOR HEREBY ASSIGNS TO LESSEE FOR THE TERM OF EACH LEASE WITHOUT RECOURSE AND FOR SO LONG AS LESSEE IS NOT IN DEFAULT UNDER ANY LEASE, STATUTORY, OR OTHERWISE, WITH RESPECT TO ANY WARRANTY PROVIDED BY THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUSUPPLIER.

Appears in 1 contract

Samples: Master Equipment Lease Agreement (BRPP LLC)

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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, STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Mobile Application End User License Agreement

Disclaimer of Warranties. THE APPLICATION IS EXCEPT AS OTHERWISE EXPRESSLY PROVIDED TO END USER "AS IS" IN THIS AGREEMENT, IEVOLVE DOES NOT MAKE, AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORYINCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES WARRANTY (I) OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING; (II) ARISING BY USAGE OR TRADE PRACTICES, COURSE OF DEALING OR COURSE OF PERFORMANCE; (III) THAT THE SERVICES ARE ERROR FREE, USAGEUNINTERRUPTED OR SECURE FROM THIRD- PARTY ATTACK; AND (IV) THAT SERVICES ARE FREE FROM DEFECTS, FIT TO BE SOLD, WILL PERFORM IN A PARTICULAR MANNER OR TRADE PRACTICESPEED OR TO A PARTICULAR STANDARD OR ANY QUALITY OF SERVICE. WITHOUT LIMITATION TO THE FOREGOINGFURTHER, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND IEVOLVE MAKES NO REPRESENTATION OR WARRANTY THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING CALLS TO 911 OR ANY SIMILAR EMERGENCY RESPONSE NUMBER), OR GUARANTEE REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY THE SERVICES, THE INTEGRITY OF ANY KIND DATA THAT THE APPLICATION WILL MEET YOUR REQUIREMENTSIS SENT, ACHIEVE ANY INTENDED RESULTSBACKED UP, BE COMPATIBLE, STORED OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREESUBJECT TO LOAD BALANCING, OR THAT ANY ERRORS IEVOLVE’S SECURITY PROCEDURES WILL PREVENT THE LOSS OR DEFECTS CAN ALTERATION OF, OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS IMPROPER ACCESS TO CUSTOMER’S DATA AND LIMITATIONS MAY NOT APPLY TO YOUCONFIDENTIAL INFORMATION.

Appears in 1 contract

Samples: Master Service Agreement

Disclaimer of Warranties. CLOUDNINE AND YOUR CLOUDNINE RESELLER AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE APPLICATION RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. CLOUDNINE AND YOUR CLOUDNINE RESELLER AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO END USER YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATIONINCLUDING, INCLUDING ALL WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND OR NON-INFRINGEMENTINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION ARE HEREBY DISCLAIMED TO THE FOREGOINGMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY CLOUDNINE, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, YOUR CLOUDNINE RESELLERS AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUITS LICENSORS.

Appears in 1 contract

Samples: Terms And

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER BY APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF THE APPLICATION AND ON BEHALF SERVICE ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF ITS AFFILIATES USE AND PERFORMANCE REMAINS WITH YOU. SRVE AND ITS MEMBERS, SUPPLIERS, AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERSDO NOT MAKE ANY REPRESENTATIONS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, SRVE, ITS SUPPLIERS, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES LICENSORS MAKE NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION OR SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, ACHIEVE ANY INTENDED RESULTSTIMELY, BE COMPATIBLESECURE, OR WORK WITH ERROR-FREE BASIS; (C) ANY OTHER SOFTWAREINFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, APPLICATIONS, SYSTEMSCOMPLETE, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE RELIABLE; OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR (D) THAT ANY DEFECTS OR ERRORS OR DEFECTS CAN OR THEREIN WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW ALL CONTENT YOU OBTAIN THROUGH THE EXCLUSION OF APPLICATION IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOULOSS THAT RESULTS THEREFROM.

Appears in 1 contract

Samples: Terms of Service

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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. CIRCUMSTANCES MAY EXIST OR ARISE THAT PREVENT THE APPLICATION FROM PROVIDING CERTAIN DATA OR ACHIEVING COMPLETE REPRESENTATION OF ALL DATA ELEMENTS IN THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Crewbelt Terms of Use

Disclaimer of Warranties. THE APPLICATION IS EXCEPT AS EXPRESSLY PROVIDED TO END USER "HEREIN, ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS" ” BASIS WITHOUT ANY WARRANTY WHATSOEVER, AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, AVERE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO OTHERWISE INCLUDING WITHOUT LIMITATION THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING OR PERFORMANCE. AVERE ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION OF USE, TITLEFREEDOM FROM BUGS OR VIRUSES, OR RETENTION OR PROTECTION OF DATA. THE PRODUCTS ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN ENVIRONMENTS THAT ARE HAZARDOUS OR THAT REQUIRE FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE PRODUCTS COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. AVERE SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH ACTIVITIES, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION PURCHASER AGREES NOT TO USE THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUPRODUCT FOR SUCH ACTIVITIES.

Appears in 1 contract

Samples: Software License Agreement

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION R.E.D. SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE R.E.D. SOFTWARE IS PROVIDED TO END USER "AS IS" AND ", WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. , AND R.E.D. AND R.E.D.'S LICENSORS (COLLECTIVELY REFERRED TO AS "R.E.D." FOR THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF PURPOSES OF SECTIONS 7 AND ON BEHALF OF ITS AFFILIATES 8) HEREBY DISCLAIM ALL WARRANTIES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, CONDITIONS WITH RESPECT TO THE APPLICATIONR.E.D. SOFTWARE, INCLUDING ALL EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLEOF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENTINFRINGEMENT OF THIRD PARTY RIGHTS. R.E.D. DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE R.E.D. SOFTWARE, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION FUNCTIONS CONTAINED IN THE R.E.D. SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, THAT THE OPERATION OF THE R.E.D. SOFTWARE WILL BE COMPATIBLE, UNINTERRUPTED OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, THAT THE R.E.D. SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT ANY ERRORS OR DEFECTS CAN OR IN THE R.E.D. SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY R.E.D. OR AN R.E.D. AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE R.E.D. SOFTWARE 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 IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. Future extensions of Dr. Sawbones versus the Medical Monsters (DSVMM) may (or may not) automatically produce search results that may (or may not) reference sites and information located worldwide throughout the Internet. Because R.E.D. has no control over such sites and information, R.E.D. makes no guarantees as to such sites and information, including: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether a R.E.D. search completed through the DSVMM may locate unintended or objectionable content. Because some of the content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people or viewers under the age of 18, the results of any search or entering of a particular URL using the DSVMM may automatically and unintentionally generate links or references to objectionable material. By using the DSVMM, you acknowledge that R.E.D. makes no representations or warranties with regard to the appropriateness of the content viewed through the DSVMM, whether on a pre-installed channel button or as a result of your search. R.E.D. does not guarantee the sequence, accuracy, completeness or timeliness of the content accessed DSVMM. R.E.D., its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or any other person for the content you receive using DSVMM or for any inaccuracies, errors in or omissions from the content.

Appears in 1 contract

Samples: Software License Agreement

Disclaimer of Warranties. THE RELEVANT APPLICATION IS PROVIDED TO END USER "YOU “AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE RELEVANT APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE RELEVANT APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: License Agreement

Disclaimer of Warranties. EXCEPT FOR THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY LIMITED SERVICE LEVEL COMMITMENTS SET FORTH IN SECTION 8(A), SUDRANIA DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONSEAMLESS FOF, THE SERVICES PROVIDED OR THE AVAILABILITY, FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE OF THE SEAMLESS FOF. WITHOUT LIMITING THE FOREGOING, EXCEPT AS SPECIFICALLY SET FORTH IN THE LIMITED SERVICE LEVEL COMMITMENTS IN SECTION 8(A), SUDRANIA DISCLAIMS ANY WARRANTY THAT THE SEAMLESS FOF, THE SERVICES PROVIDED BY XXXXXXXX, OR THE OPERATION OF THE SEAMLESS FOF ARE OR WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. XXXXXXXX MAKES NO, AND HEREBY DISCLAIMS, ANY IMPLIED WARRANTIES, INCLUDING ALL WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR ARISING BY USAGE OF COURSE OF DEALINGTRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. (c) Disclaimer of Consequential Damages. XXXXXXXX HAS NO LIABILITY WITH RESPECT TO THE SEAMLESS FOF, USAGESERVICES, OR TRADE PRACTICE. ITS OTHER OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION TO LOSS OF PROFITS AND THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION COST OF ANY KIND THAT THE APPLICATION WILL MEET YOUR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL COVER) EVEN IF XXXXXXXX HAS BEEN ADVISED OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUPOSSIBILITY OF SUCH DAMAGES.

Appears in 1 contract

Samples: Seamless Fof User Agreement

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, STANDARDS OR BE ERROR-FREE, ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: End User License Agreement

Disclaimer of Warranties. EXCEPT AS SET FORTH IN THE APPLICATION IS PRECEDING SECTION, ALL DOCUMENTATION, SOFTWARE AND SERVICES ARE PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS FAULTS” AND DEFECTS WITHOUT WARRANTY OF ANY KINDWARRANTY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS SECROM ENTITIES HEREBY DISCLAIM ALL WARRANTIES, WHETHER CONDITIONS, AND DUTIES OF ANY KIND (IF ANY), EXPRESS, IMPLIED, OR STATUTORY, OR OTHERWISEINCLUDING WITHOUT LIMITATION, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES ANY OF MERCHANTABILITY, OF FITNESS FOR A ANY PARTICULAR PURPOSE, TITLEOF ACCURACY, AND NON-INFRINGEMENTOF SYSTEM INTEGRATION OR COMPATIBILITY, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGEWORKMANLIKE EFFORT, OR TRADE PRACTICEOF NON–NEGLIGENT PERFORMANCE. THE FOREGOING DISCLAIMERS INCLUDE, WITHOUT LIMITATION TO THE FOREGOINGLIMITATION, COMPANY PROVIDES NO WARRANTY OR UNDERTAKINGANY WARRANTY, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLEDUTY, OR WORK WITH CONDITION THAT: THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED, RELIABLE, AVAILABLE AT ANY OTHER SOFTWAREPARTICULAR TIME, APPLICATIONSSECURE, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR CORRESPOND TO ANY CONDITION; THAT ANY ERRORS MESSAGES OR REQUESTS WILL BE DELIVERED; THAT DEFECTS CAN OR WILL BE CORRECTED; OR THAT THE SOFTWARE OR SERVICES, ANY CONTENT, SYSTEMS, SERVERS, AND INFORMATION THAT IS IN OR UTILIZED BY THE SOFTWARE AND/OR SERVICES WILL BE FREE OF HARMFUL ASPECTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION ALSO, THERE IS NO WARRANTY OF TITLE OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL AGAINST INTERFERENCE WITH ANYONE’S ENJOYMENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUSOFTWARE OR SERVICES OR DOCUMENTATION OR AGAINST INFRINGEMENT.

Appears in 1 contract

Samples: Software and Service Agreement

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