Common use of Disclaimers and Limitation of Liability Clause in Contracts

Disclaimers and Limitation of Liability. The Software are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Licensor , its affiliates, and its and their licensors and service providers (collectively, the “Licensor Parties”) disclaim all representations, warranties and conditions (whether express or implied) with respect to the Software, including without limitation regarding non-infringement, merchantability, or fitness or suitability for any purpose (whether or not Licensor knows or has reason to know of any such purpose), whether arising under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, the Licensor Parties make no warranty that (1) the Software will operate properly, (2) the operation of the Software will be uninterrupted or free of bugs, errors, or malware (such as viruses), or (3) any defects in the Software can or will be corrected. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, the Licensor Parties shall not be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with this Agreement, the Software, even if a Licensor Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Licensor Parties arising out of or in connection with this Agreement or the Software will not exceed the greater of (A) the total amounts you have paid (if any) to Licensor for the particular Software to which the liability relates during the twelve (12) months immediately preceding the events giving rise to such liability or (B) Five Hundred Dollars (USD $500). These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations shall apply only to the extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software.

Disclaimers and Limitation of Liability. The Software and Services are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Licensor Epic, its affiliates, and its and their licensors and service providers (collectively, the “Licensor Epic Parties”) disclaim all representations, warranties and conditions (whether express or implied) with respect to the SoftwareSoftware and Services, including without limitation regarding non-infringement, merchantability, or fitness or suitability for any purpose (whether or not Licensor Epic knows or has reason to know of any such purpose), whether arising under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, the Licensor Epic Parties make no warranty that (1) the Software or Services will operate properly, (2) the operation of the Software or Services will be uninterrupted or free of bugs, errors, or malware (such as viruses), or (3) any defects in the Software or Services can or will be corrected. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, the Licensor Epic Parties shall not be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with this Agreement, the SoftwareSoftware or Services, even if a Licensor an Epic Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Licensor Epic Parties arising out of or in connection with this Agreement or the Software or Services will not exceed the greater of (A) the total amounts you have paid (if any) to Licensor Epic for the particular Software or Service to which the liability relates during the twelve (12) months immediately preceding the events giving rise to such liability or (B) Five Hundred Dollars (USD $500)liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. Notwithstanding As used in the foregoing, some countries, states, provinces or other jurisdictions do not allow the above exclusion of certain warranties or the and limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictionsliability, the foregoing exclusions and limitations shall apply only term “Epic Parties” includes the developer of a Software or Service licensed to the extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in under this Agreement will prejudice the statutory rights (whether Epic, its affiliate, or a third party) unless you have agreed to Software Specific Terms for that you may have as Software or Service that include a consumer disclaimer of the Softwaredeveloper’s warranties or limitation of the developer’s liability.

Disclaimers and Limitation of Liability. Nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software or Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. The Software are (including any Game Currency and Content) and Services is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Licensor Epic, its affiliateslicensors, and its and their licensors and service providers (collectively, the “Licensor Parties”) affiliates disclaim all representationswarranties, warranties conditions, common law duties, and conditions representations (whether express or express, implied, oral, and written) with respect to the SoftwareSoftware and Services, including without limitation regarding all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, or fitness or suitability for any purpose (whether or not Licensor Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether arising alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, the Licensor Parties Epic, its licensors, and its and their affiliates make no warranty that (1) the Software or Services will operate properly, (2) that the Software or Services will meet your requirements, (3) that the operation of the Software or Services will be uninterrupted or free of bugsuninterrupted, errorsbug free, or malware (such as viruses)error free in any or all circumstances, or (34) that any defects in the Software or Services can or will be corrected. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed. Epic, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software or Services. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither Epic, nor its licensors, nor its or their affiliates, nor any of Epic’s service providers (collectively, the Licensor Parties “Epic Parties”), shall not be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages damages, arising out of or in connection with this AgreementAgreement or the Software (including any Game Currency or Content) or Services, or the Softwaredelay or inability to use or lack of functionality of the Software or Services, even in the event of an Epic Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if a Licensor an Epic Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Licensor Epic Parties arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services will not exceed the greater of (A) the total amounts you have paid (if any) to Licensor Epic for the particular Software to which the liability relates (including any Game Currency or Content) during the twelve (12) months immediately preceding the events giving rise to such liability or (B) Five Hundred Dollars (USD $500)liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations shall apply only to the extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software.

Disclaimers and Limitation of Liability. The Software Licensed Materials, Cloud Service, and Mods are provided on an “"as is” " and “"as available” " basis, “"with all faults” " and without warranty of any kind. Licensor Epic, its affiliateslicensors, and its and their licensors and service providers (collectively, the “Licensor Parties”) affiliates disclaim all representationswarranties, warranties conditions, common law duties, and conditions representations (whether express or express, implied, oral, and written) with respect to the SoftwareLicensed Materials, Cloud Service, or Mods, including without limitation regarding all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, or fitness or suitability for any purpose (whether or not Licensor Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether arising alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, the Licensor Parties Epic, its licensors, and its and their affiliates make no warranty that (1) the Software Licensed Materials, Cloud Service, or Mods will operate properly, (2) that the Licensed Materials, Cloud Service, or Mods will meet your requirements, (3) that the operation of the Software Licensed Materials, Cloud Service, or Mods will be uninterrupted or free of bugsuninterrupted, errorsbug free, or malware (such as viruses)error free in any or all circumstances, or (34) that any defects in the Software Licensed Materials, Cloud Service, or Mods can or will be corrected. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed. Epic, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Licensed Materials, Cloud Service, or Mods. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither Epic, nor its licensors, nor its or their affiliates, nor any of Epic's service providers (collectively, the Licensor Parties "Epic Parties"), shall not be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with this AgreementAgreement or the Licensed Materials, the SoftwareCloud Service, or Mods, even in the event of an Epic Party's fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if a Licensor an Epic Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Licensor Epic Parties arising out of or in connection with this Agreement or the Software Licensed Materials, Cloud Service, or Mods will not exceed the greater of (A) the total amounts you have paid (if any) to Licensor for the particular Software to which the liability relates Epic under this Agreement during the twelve (12) months immediately preceding the events giving rise to such liability or (B) Five Hundred Dollars (USD $500)liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. Notwithstanding the foregoing, Because some countries, states, provinces states or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Insteadfor consequential or incidental damages, in such states or jurisdictions, the foregoing exclusions and limitations of liability shall apply only to the full extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Softwarelaw.

Disclaimers and Limitation of Liability. Nothing in this Agreement will prejudice the statutory rights that you may have as a user of the iKeyless Application. Some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. In such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. The Software are iKeyless Application is provided on an “as is” and “as available” basis, basis “with all faults” and without warranty of any kind. Licensor iKeyless, its affiliateslicensors, and its and their licensors and service providers (collectively, the “Licensor Parties”) affiliates disclaim all representationswarranties, warranties conditions, common law duties, and conditions representations (whether express or express, implied, oral, and written) with respect to the SoftwareiKeyless Application, including including, without limitation regarding limitation, all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, or fitness or suitability for any purpose (whether or not Licensor iKeyless knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether arising alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, the Licensor Parties iKeyless, its licensors, and its and their affiliates make no warranty that (1) the Software iKeyless Application will operate properly, (2) the iKeyless Application will meet your requirements, (3) the operation of the Software iKeyless Application will be uninterrupted or free of bugsuninterrupted, errorsbug free, or malware (such as viruses)error free in any or all circumstances, or (34) any defects in the Software iKeyless Application can or will be corrected. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute, is expressly disclaimed. iKeyless, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the iKeyless Application. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither iKeyless, nor its licensors, nor its or their affiliates, nor any of iKeyless’s service providers (collectively, the Licensor Parties “iKeyless Parties”) shall not be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages damages, arising out of or in connection with this AgreementAgreement or the iKeyless Application, or the Softwaredelay of, inability to use, or lack of functionality of the iKeyless Application, even in the event of an iKeyless Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise, and even if a Licensor an iKeyless Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Licensor iKeyless Parties arising out of or in connection with this Agreement or the Software iKeyless Application will not exceed the greater of (A) the total amounts you have paid (if any) to Licensor iKeyless for the particular Software to which the liability relates iKeyless Application during the twelve (12) months immediately preceding the events giving rise to such liability or (B) Five Hundred Dollars (USD $500)liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations shall apply only to the extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software.

Disclaimers and Limitation of Liability. Nothing in this Agreement will prejudice the statutory rights that you may have as a user of the iKeyless Application. Some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. In such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. The Software are iKeyless Application is provided on an “as is” and “as available” basis, basis “with all faults” and without warranty of any kind. Licensor iKeyless, its affiliateslicensors, and its and their licensors and service providers (collectively, the “Licensor Parties”) affiliates disclaim all representationswarranties, warranties conditions, common law duties, and conditions representations (whether express or express, implied, oral, and written) with respect to the SoftwareiKeyless Application, including including, without limitation regarding limitation, all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, or fitness or suitability for any purpose (whether or not Licensor iKeyless knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether arising alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, the Licensor Parties iKeyless, its licensors, and its and their affiliates make no warranty that (1) the Software iKeyless Application will operate properly, (2) the iKeyless Application will meet your requirements, (3) the operation of the Software iKeyless Application will be uninterrupted or free of bugsuninterrupted, errorsbug free, or malware (such as viruses)error free in any or all circumstances, or (34) any defects in the Software iKeyless Application can or will be corrected. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute, is expressly disclaimed. iKeyless, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the iKeyless Application. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither iKeyless, nor its licensors, nor its or their affiliates, nor any of iKeyless’s service providers (collectively, the Licensor Parties “iKeyless Parties”) shall not be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages damages, arising out of or in connection with this AgreementAgreement or the iKeyless Application, or the Softwaredelay of, inability to use, or lack of functionality of the iKeyless Application, even in the event of an iKeyless Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise, and even if a Licensor an iKeyless Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Licensor iKeyless Parties arising out of or in connection with this Agreement or the Software iKeyless Application will not exceed the greater of (A) the total amounts you have paid (if any) to Licensor iKeyless for the particular Software to which the liability relates iKeyless Application during the twelve (12) months immediately preceding the events giving rise to such liability or (B) Five Hundred Dollars (USD $500). These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations shall apply only to the extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software.twelve

Disclaimers and Limitation of Liability. The Software and Services are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Licensor Epic, its affiliates, and its and their licensors and service providers (collectively, the “Licensor Epic Parties”) disclaim all representations, warranties and conditions (whether express or implied) with respect to the SoftwareSoftware and Services, including without limitation regarding non-infringement, merchantability, or fitness or suitability for any purpose (whether or not Licensor an Epic Party knows or has reason to know of any such purpose), whether arising under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, the Licensor Epic Parties make no warranty that (1) the Software or Services will operate properly, (2) the operation of the Software or Services will be uninterrupted or free of bugs, errors, or malware (such as viruses), or (3) any defects in the Software or Services can or will be corrected. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, the Licensor Epic Parties shall not be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with this Agreement, the SoftwareSoftware or Services, even if a Licensor an Epic Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Licensor Epic Parties arising out of or in connection with this Agreement or the Software or Services will not exceed the greater of (A) the total amounts you have paid (if any) to Licensor Epic for the particular Software or Service to which the liability relates during the twelve (12) months immediately preceding the events giving rise to such liability or (B) Five Hundred Dollars (USD $500)liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. As used in the above exclusion of certain warranties and limitation of liability, the term “Epic Parties” includes the developer of a Software licensed to you under this Agreement unless you have agreed to Software Specific Terms for that Software or Service that include a disclaimer of the Developer’s warranties and a limitation of the Developer’s liability. Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations shall apply only to the extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the SoftwareSoftware or Services.

Disclaimers and Limitation of Liability. The Software are (including any Game Currency and Content) and Services is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Licensor Epic, its affiliateslicensors, and its and their licensors and service providers (collectively, the “Licensor Parties”) affiliates disclaim all representationswarranties, warranties conditions, common law duties, and conditions representations (whether express or express, implied, oral, and written) with respect to the SoftwareSoftware and Services, including without limitation regarding all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non- infringement, merchantability, or fitness or suitability for any purpose (whether or not Licensor Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether arising alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, the Licensor Parties Epic, its licensors, and its and their affiliates make no warranty that (1) the Software or Services will operate properly, (2) that the Software or Services will meet your requirements, (3) that the operation of the Software or Services will be uninterrupted or free of bugsuninterrupted, errorsbug free, or malware (such as viruses)error free in any or all circumstances, or (34) that any defects in the Software or Services can or will be corrected. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed. Epic, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software or Services. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither Epic, nor its licensors, nor its or their affiliates, nor any of Epic’s service providers (collectively, the Licensor Parties “Epic Parties”), shall not be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages damages, arising out of or in connection with this AgreementAgreement or the Software (including any Game Currency or Content) or Services, or the Softwaredelay or inability to use or lack of functionality of the Software or Services, even in the event of an Epic Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if a Licensor an Epic Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Licensor Epic Parties arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services will not exceed the greater of (A) the total amounts you have paid (if any) to Licensor Epic for the particular Software to which the liability relates (including any Game Currency or Content) during the twelve (12) months immediately preceding the events giving rise to such liability or (B) Five Hundred Dollars (USD $500)liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations shall apply only to the extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the SoftwareSoftware or Services.