Common use of Warranties and Disclaimers Clause in Contracts

Warranties and Disclaimers. SOG WARRANTS THAT IT OWNS OR CONTROLS THE OWNERSHIP RIGHTS IN THE DATA GRANTED IN THIS LICENSE AGREEMENT AND HAS FULL AUTHORITY AND POWER TO GRANT TO THE COMPANIES THE DATA USE RIGHTS, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH THE DATA. THE DATA DELIVERED HEREUNDER WILL BE, TO SOG’S KNOWLEDGE, INFORMATION, AND BELIEF, ACQUIRED AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES OF THE GEOPHYSICAL PROFESSION. HOWEVER, EACH COMPANY ACKNOWLEDGES IT IS ACCEPTING ALL DATA SUBJECT TO THIS LICENSE AGREEMENT “AS IS” AND SOG MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY OR USEFULNESS OF SUCH DATA AND ANY IMPLIED WARRANTIES OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. SUCH DATA IS DELIVERED HEREUNDER WITH THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY THAT ANY ACTION TAKEN OR EXPENDITURE MADE BY SUCH COMPANY OR ANY PERSON OR ENTITY PERMITTED ACCESS TO THE DATA IN ACCORDANCE WITH THIS LICENSE WILL BE AT SUCH PARTY’S SOLE RISK AND NEITHER COMPANY NOR ANY OTHER SUCH PARTY WILL HAVE ANY CLAIM AGAINST AND EACH HEREBY RELEASES SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOF, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN OR IN THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUAL, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR IN THE SERVICES AGREEMENT, SOG SHALL NOT BE LIABLE TO A COMPANY OR ANY OTHER PARTY FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF SUCH COMPANY’S OR ANY OTHER PARTY’S POSSESSION, CONTROL OR USE OF THE DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT OR BUSINESS INTERRUPTION, HOWEVER SAME MAY BE CAUSED. Geophysical Seismic Date Use License

Appears in 3 contracts

Samples: License Agreement, License Agreement (Sanchez Energy Corp), License Agreement (Sanchez Energy Corp)

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Warranties and Disclaimers. SOG WARRANTS THAT IT OWNS 10.1 THE AIRCRAFT WILL BE DELIVERED IN "AS IS WHERE IS WITH ALL FAULTS" CONDITION. THE SELLER MAKES NO WARRANTIES, GUARANTEES OR CONTROLS THE OWNERSHIP RIGHTS REPRESENTATIONS (EXCEPT AS STATED IN THE DATA GRANTED IN CLAUSE 7 OF THIS LICENSE AGREEMENT AND HAS FULL AUTHORITY AND POWER TO GRANT THE XXXX OF SALE, WHICH EXCEPTION APPLIES TO THE COMPANIES THE DATA USE RIGHTS, INCLUDING ENTIRETY HEREOF) NOR UNDERTAKES ANY INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH THE DATA. THE DATA DELIVERED HEREUNDER WILL BE, TO SOG’S KNOWLEDGE, INFORMATION, AND BELIEF, ACQUIRED AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES OF THE GEOPHYSICAL PROFESSION. HOWEVER, EACH COMPANY ACKNOWLEDGES IT IS ACCEPTING ALL DATA SUBJECT TO THIS LICENSE AGREEMENT “AS IS” AND SOG MAKES NO REPRESENTATION OBLIGATION OR WARRANTYLIABILITY, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, IN EACH CASE WITH RESPECT TO THE ACCURACY OR USEFULNESS OF SUCH DATA AND AIRCRAFT INCLUDING BUT NOT LIMITED TO (1) ANY IMPLIED WARRANTIES WARRANTY (A) AS TO THE DESCRIPTION, AIRWORTHINESS, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, VALUE, CONDITION, DESIGN, USE OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. OPERATION OF THE AIRCRAFT OR (B) ARISING FROM ANY PART PERFORMANCE, COURSE OF DEALING, USAGE OR TRADE OR OTHERWISE, (2) ANY SUCH DATA IS DELIVERED HEREUNDER WITH OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, AND (3) ANY SUCH OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO THE UNDERSTANDING AND AGREEMENT AIRCRAFT, (A) FOR ANY LIABILITY OF EACH COMPANY THAT ANY ACTION TAKEN OR EXPENDITURE MADE BY SUCH COMPANY LESSEE OR ANY PERSON LESSOR TO ANY THIRD PARTY, (B) FOR ANY LIABILITY OF THE PURCHASER TO ANY THIRD PARTY, OR ENTITY PERMITTED ACCESS (C) FOR ANY OTHER DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES; AND ALL SUCH WARRANTIES, GUARANTEES, REPRESENTATIONS, OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ARE EXPRESSLY EXCLUDED. DELIVERY BY THE PURCHASER TO THE DATA SELLER OF THE COUNTERSIGNED XXXX OF SALE SHALL CONSTITUTE CONFIRMATION BY THE PURCHASER THAT THE AIRCRAFT IS IN ACCORDANCE WITH THIS LICENSE WILL BE AT SUCH PARTY’S SOLE RISK AND NEITHER COMPANY NOR ANY OTHER SUCH PARTY WILL HAVE ANY CLAIM AGAINST AND EACH HEREBY RELEASES SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOF, EVERY WAY SATISFACTORY TO THE PURCHASER. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN OR IN THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS TRANSACTION DOCUMENTS, NEITHER THE SELLER NOR THE PURCHASER SHALL HAVE ANY LIABILITY TO EACH OTHER FOR ANY OBLIGATIONS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY LIABILITIES OF THE DATA BY ANY INDIVIDUAL, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR IN THE SERVICES AGREEMENT, SOG SHALL NOT BE LIABLE TO A COMPANY LESSEE OR ANY OTHER PARTY FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF SUCH COMPANY’S OR ANY OTHER THIRD PARTY’S POSSESSION, CONTROL OR USE OF THE DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT OR BUSINESS INTERRUPTION, HOWEVER SAME MAY BE CAUSED. Geophysical Seismic Date Use License.

Appears in 2 contracts

Samples: Aircraft Sale Agreement (Aerocentury Corp), Aircraft Sale Agreement (Aerocentury Corp)

Warranties and Disclaimers. SOG XXXXXX REPRESENTS AND WARRANTS THAT IT OWNS OR CONTROLS HAS THE OWNERSHIP RIGHTS IN THE DATA GRANTED IN FULL RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS LICENSE AGREEMENT AND HAS FULL AUTHORITY GRANT ALL RIGHTS AND POWER TO GRANT TO INTERESTS AS CONTEMPLATED HEREUNDER, AND THAT THE COMPANIES ONLINE DATABASES, THE DATA USE RIGHTS, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS ASSOCIATED DATABASES (WITH THE DATA. EXCEPTION OF THE DATA DELIVERED HEREUNDER WILL BEBOOK REVIEWS PUBLISHED BY PUBLISHERS WEEKLY, TO SOG’S KNOWLEDGELIBRARY JOURNAL, INFORMATIONSCHOOL LIBRARY JOURNAL, AND BELIEFCRITICAS), ACQUIRED AND PROCESSED THE SOFTWARE AND THEIR USE IN ACCORDANCE WITH ACCEPTED PRACTICES THE TERMS HEREIN DO NOT AND WILL NOT INFRINGE UPON, VIOLATE OR MISAPPROPRIATE ANY U.S. PATENT, COPYRIGHT, TRADE SECRET, TRADEMARK, OR ANY OTHER PROPRIETARY RIGHT, CONTRACT OR OTHER RIGHT OR INTEREST OF THE GEOPHYSICAL PROFESSIONANY THIRD PARTY. HOWEVERELN CONSORTIUM UNDERSTANDS THAT XXXXXX, EACH COMPANY ACKNOWLEDGES IT IS ACCEPTING ALL DATA SUBJECT TO THIS LICENSE AGREEMENT “AS IS” ITS AFFILIATES, LICENSORS, SUPPLIERS AND SOG MAKES AGENTS, MAKE NO REPRESENTATION OR WARRANTYOTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY ONLINE DATABASES, INCLUDING WITHOUT LIMITATION THE SOFTWARE AND THE DATABASES, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR USEFULNESS FITNESS FOR A PARTICULAR PURPOSE. NEITHER XXXXXX NOR ITS LICENSORS MAKES ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION CONTAINED WITHIN THE DATABASES, OR THAT THE INFORMATION CONTAINED IN THE ONLINE DATABASES IS COMPLETE OR FREE FROM ERROR. NEITHER XXXXXX NOR ITS LICENSORS ASSUME, AND ALL EXPRESSLY DISCLAIM, ANY LIABILITY TO ANY PERSON FOR ANY LOSS OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN THE DATABASES, WHETHER SUCH DATA AND ERRORS OR OMISSIONS RESULT FROM NEGLIGENCE, ACCIDENT, OR ANY IMPLIED WARRANTIES OTHER CAUSE. NEITHER XXXXXX NOR ITS LICENSORS MAKE ANY REPRESENTATIONS OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. SUCH DATA IS DELIVERED HEREUNDER WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE PERFORMANCE OF ELN CONSORTIUM’S OR ITS SUBSCRIBING MEMBERS' NETWORKS OR COMPUTER SYSTEMS WHEN USED IN CONJUNCTION WITH THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY THAT ANY ACTION TAKEN ONLINE DATABASES. IN NO EVENT WILL XXXXXX, ITS AFFILIATES, LICENSORS, SUPPLIERS OR EXPENDITURE MADE BY SUCH COMPANY OR ANY PERSON OR ENTITY PERMITTED ACCESS TO THE DATA IN ACCORDANCE WITH THIS LICENSE WILL BE AT SUCH PARTY’S SOLE RISK AND NEITHER COMPANY NOR ANY OTHER SUCH PARTY WILL HAVE ANY CLAIM AGAINST AND EACH HEREBY RELEASES SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOFAGENTS, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN OR IN THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUAL, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR IN THE SERVICES AGREEMENT, SOG SHALL NOT BE LIABLE TO A COMPANY ELN CONSORTIUM OR ANY OTHER PARTY OF ITS SUBSCRIBING MEMBERS FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF SUCH COMPANY’S OR ANY OTHER PARTY’S POSSESSION, CONTROL OR USE OF THE DATADAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF PROFIT ELN CONSORTIUM’S OR BUSINESS INTERRUPTIONITS SUBSCRIBING MEMBERS' USE OR INABILITY TO USE THE ONLINE DATABASES REGARDLESS OF WHETHER SUCH DAMAGES ARE FORESEEABLE OR WHETHER SUCH DAMAGES ARE DEEMED TO RESULT FROM THE FAILURE OR INADEQUACY OF ANY EXCLUSIVE OR OTHER REMEDY. EXCEPT WITH RESPECT TO THE COMPUTATION OF DAMAGES FOR THE UNAUTHORIZED USE, HOWEVER SAME MAY DISCLOSURE, MISAPPROPRIATION OR INFRINGEMENT OF INTANGIBLE PROPERTY SUBJECT TO COPYRIGHT, PATENT RIGHT, TRADE SECRET OR OTHER PROPRIETARY RIGHTS, NEITHER PARTY SHALL BE CAUSEDLIABLE TO THE OTHER FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE FORESEEABLE OR WHETHER SUCH DAMAGES ARE DEEMED TO RESULT FROM THE FAILURE OR INADEQUACY OF ANY EXCLUSIVE OR OTHER REMEDY. Geophysical Seismic Date Use LicenseELN CONSORTIUM AND ITS SUBSCRIBING MEMBERS UNDERSTAND AND ACKNOWLEDGE THAT THEY ARE SOLELY RESPONSIBLE FOR LOADING, USING, DOWNLOADING INTO OR DELETING FROM THEIR COMPUTER SYSTEMS ANY LISTS OR REPORTS PROVIDED BY THE XXXXXX'X SERIALS ANALYSIS SYSTEM, AND ELN CONSORTIUM AND ITS SUBSCRIBING MEMBERS ASSUME ALL RISK AND RESPONSIBILITY RELATED TO SAME. IN NO EVENT SHALL XXXXXX BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM ELN CONSORTIUM OR ITS SUBSCRIBING MEMBERS' LOADING, USE, DOWNLOADING OR DELETION OF SUCH REPORTS.

Appears in 1 contract

Samples: Bowker License Agreement

Warranties and Disclaimers. SOG WARRANTS THAT IT OWNS ‌ Reseller understands Xxxxxx will make commercially reasonable efforts in providing quality service. Reseller expressly agrees that: ITS USE AND ANY USERS USE OF SERVICES AND TECHNOLOGY OFFERED BY MEZINE IS AT ITS OR CONTROLS THE OWNERSHIP RIGHTS IN THE DATA GRANTED IN THIS LICENSE AGREEMENT THEIR OWN SOLE RISK. MEZINE SERVICES AND HAS FULL AUTHORITY AND POWER TO GRANT TO THE COMPANIES THE DATA USE RIGHTS, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH THE DATA. THE DATA DELIVERED HEREUNDER WILL BE, TO SOG’S KNOWLEDGE, INFORMATION, AND BELIEF, ACQUIRED AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES OF THE GEOPHYSICAL PROFESSION. HOWEVER, EACH COMPANY ACKNOWLEDGES IT IS ACCEPTING ALL DATA SUBJECT TO THIS LICENSE AGREEMENT TECHNOLOGY ARE PROVIDED ON AN “AS IS” AND SOG “AS AVAILABLE” BASIS. MEZINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; MEZINE MAKES NO REPRESENTATION OR WARRANTYWARRANTY THAT: THE MEZINE SERVICES WILL BE UNINTERRUPTED, EXPRESS TIMELY, SECURE, OR IMPLIEDERROR-FREE, WITH RESPECT TO THE ACCURACY RESULTS THAT MAY BE OBTAINED FROM THE USE OF MEZINE SERVICES WILL BE ACCURATE OR USEFULNESS RELIABLE, THE QUALITY OF SUCH DATA AND ANY IMPLIED WARRANTIES PRODUCTS, MEZINE SERVICES, INFORMATION, OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. SUCH DATA IS DELIVERED HEREUNDER WITH OTHER MATERIAL PURCHASED OR OBTAINED BY RESELLER THROUGH THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY MEZINE SERVICES WILL MEET ITS OR THEIR EXPECTATIONS, OR THAT ANY ACTION TAKEN OR EXPENDITURE MADE BY SUCH COMPANY OR ANY PERSON OR ENTITY PERMITTED ACCESS TO THE DATA ERRORS IN ACCORDANCE WITH THIS LICENSE MEZINE TECHNOLOGY WILL BE AT SUCH PARTY’S SOLE RISK AND NEITHER COMPANY NOR CORRECTED. ANY OTHER SUCH PARTY WILL HAVE ANY CLAIM AGAINST AND EACH HEREBY RELEASES SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOF, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN MATERIAL DOWNLOADED OR IN OTHERWISE OBTAINED THROUGH THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUAL, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR IN THE SERVICES AGREEMENT, SOG SHALL NOT BE LIABLE TO A COMPANY OR ANY OTHER PARTY FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF SUCH COMPANY’S OR ANY OTHER PARTY’S POSSESSION, CONTROL OR USE OF THE DATA, INCLUDING, WITHOUT LIMITATION, WEBSITEDYNAMICS TECHNOLOGY IS DONE SO AT RESELLER’S AND USER’S DISCRETION AND RISK AND RESELLER AND USERS WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF PROFIT DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND NO ADVICE OR BUSINESS INTERRUPTIONINFORMATION, HOWEVER SAME MAY BE CAUSED. Geophysical Seismic Date Use LicenseWHETHER ORAL OR WRITTEN, OBTAINED BY RESELLER THROUGH OR FROM MEZINE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Appears in 1 contract

Samples: Agreement

Warranties and Disclaimers. SOG MOTOR WARRANTS TO SUBSCRIBER THAT IT OWNS OR CONTROLS MOTOR WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE OWNERSHIP RIGHTS SERVICE. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THE DATA GRANTED IN THIS LICENSE AGREEMENT FIRST SENTENCE, THE SERVICE AND HAS FULL AUTHORITY AND POWER SUPPORT SERVICES ARE PROVIDED TO GRANT TO THE COMPANIES THE DATA USE RIGHTS, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH THE DATA. THE DATA DELIVERED HEREUNDER WILL BE, TO SOG’S KNOWLEDGE, INFORMATION, AND BELIEF, ACQUIRED AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES OF THE GEOPHYSICAL PROFESSION. HOWEVER, EACH COMPANY ACKNOWLEDGES IT IS ACCEPTING ALL DATA SUBJECT TO THIS LICENSE AGREEMENT SUBSCRIBER “AS IS” AND SOG MAKES NO REPRESENTATION MOTOR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR WARRANTYSTATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE DEALING, USAGE, OR TRADE. MOTOR DOES NOT WARRANT THAT THE SERVICE WILL MEET SUBSCRIBER’S SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE COMPLETELY ERROR-FREE OR UNINTERRUPTED, MOTOR FURTHER EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED, IMPLIED WARRANTIES WITH RESPECT TO THE ACCURACY ACCURACY, COMPLETENESS OR USEFULNESS CURRENTNESS OF SUCH ANY DATA AND ANY IMPLIED WARRANTIES OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. SUCH DATA IS DELIVERED HEREUNDER WITH THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY THAT ANY ACTION TAKEN OR EXPENDITURE MADE BY SUCH COMPANY OR ANY PERSON OTHER MATERIALS (TANGIBLE OR ENTITY PERMITTED ACCESS TO THE DATA IN ACCORDANCE WITH THIS LICENSE WILL BE AT SUCH PARTY’S SOLE RISK AND NEITHER COMPANY NOR ANY OTHER SUCH PARTY WILL HAVE ANY CLAIM AGAINST AND EACH HEREBY RELEASES SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOF, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN OR IN THE SERVICES AGREEMENTINTANGIBLE) SUPPLIED BY MOTOR HEREUNDER. SOG MAKES NO REPRESENTATION THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUAL, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR IN THE SERVICES AGREEMENT, SOG MOTOR SHALL NOT BE LIABLE TO A COMPANY SUBSCRIBER FOR ANY INOPERABILITY OF THE SERVICE OR FOR ANY LOSS OF INFORMATION OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND. SUBSCRIBER ACKNOWLEDGES THAT IT IS ITS RESPONSIBILITY TO ENSURE INTERNET SERVICE THROUGH AN INDEPENDENT INTERNET SERVICE PROVIDER (“ISP”) FOR ANY ONLINE ACCESS TO THE SERVICE. MOTOR SHALL NOT BE LIABLE FOR ANY LACK OF SERVICE OR RESPONSE TIME DELAYS ATTRIBUTABLE TO THE INTERNET, TELECOMMUNICATIONS EQUIPMENT OR SERVICES, SUBSCRIBER’S COMPUTERS AND/OR MOBILE OR OTHER DEVICES OR NETWORKS, SUBSCRIBER’S ISPs OR ANY OTHER PARTY FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT REASONS OUTSIDE THE CONTROL OF SUCH COMPANY’S OR ANY OTHER PARTY’S POSSESSION, CONTROL OR USE OF THE DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT OR BUSINESS INTERRUPTION, HOWEVER SAME MAY BE CAUSED. Geophysical Seismic Date Use LicenseMOTOR.

Appears in 1 contract

Samples: www.motor.com

Warranties and Disclaimers. SOG WARRANTS THAT IT OWNS OR CONTROLS THE OWNERSHIP RIGHTS IN THE DATA GRANTED IN THIS LICENSE AGREEMENT AND HAS FULL AUTHORITY AND POWER TO GRANT TO THE COMPANIES THE DATA USE RIGHTS, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH THE DATA. THE DATA DELIVERED HEREUNDER WILL BE, TO SOG’S KNOWLEDGE, INFORMATION, AND BELIEF, ACQUIRED AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES OF THE GEOPHYSICAL PROFESSION. HOWEVER, EACH COMPANY ACKNOWLEDGES IT IS ACCEPTING ALL DATA SUBJECT TO THIS LICENSE AGREEMENT “AS IS” AND SOG MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY OR USEFULNESS OF SUCH DATA AND ANY IMPLIED WARRANTIES OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. SUCH DATA IS DELIVERED HEREUNDER WITH THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY THAT ANY ACTION TAKEN OR EXPENDITURE MADE BY SUCH COMPANY OR ANY PERSON OR ENTITY PERMITTED ACCESS TO THE DATA IN ACCORDANCE WITH THIS LICENSE AGREEMENT WILL BE AT SUCH PARTYPERSON’S SOLE RISK AND NEITHER COMPANY NOR ANY OTHER SUCH PARTY PERSON WILL HAVE ANY CLAIM AGAINST AGAINST, AND EACH HEREBY RELEASES RELEASES, SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOF, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN OR IN THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUAL, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY PERSON AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR IN THE SERVICES AGREEMENT, SOG NO PARTY SHALL NOT BE LIABLE TO A COMPANY OR ANY OTHER ANOTHER PARTY FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF SUCH A COMPANY’S OR ANY OTHER PARTYPERSON’S POSSESSION, CONTROL OR USE OF THE DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT OR BUSINESS INTERRUPTION, HOWEVER SAME MAY BE CAUSED. Geophysical Seismic Date Use License.

Appears in 1 contract

Samples: License Agreement (Sanchez Midstream Partners LP)

Warranties and Disclaimers. SOG WARRANTS DOMAIN COMPUTER SERVICES, INC. MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED ON ITS’ OWN REGARDING THE FUNCTIONALITY, RELIABILITY OR QUALITY OF HARDWARE OR SOFTWARE, BUT INSTEAD RELIES ON THE WARRANTIES PROVIDED BY THE MANUFACTURER OF EACH PRODUCT. IN PARTICULAR, DOMAIN MAKES NO WARRANTY THAT IT OWNS (A) THE BDR SYSTEM WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE BDR SYSTEM WILL BE TIMELY, UNINTERRUPTED, SECURE OR CONTROLS ERROR-FREE; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE OWNERSHIP RIGHTS BDR SYSTEM WILL BE ACCURATE OR RELIABLE; AND (D) ANY DEFECTS OR ERRORS IN THE DATA GRANTED IN THIS LICENSE AGREEMENT AND HAS FULL AUTHORITY AND POWER TO GRANT TO THE COMPANIES THE DATA PRODUCTS WILL BE CORRECTED. CLIENTS’ USE RIGHTS, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH THE DATAOF BDR PRODUCTS OR SERVICES IS AT THEIR OWN RISK. THE DATA DELIVERED HEREUNDER WILL BE, TO SOG’S KNOWLEDGE, INFORMATION, AND BELIEF, ACQUIRED AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES OF THE GEOPHYSICAL PROFESSION. HOWEVER, EACH COMPANY ACKNOWLEDGES IT IS ACCEPTING ALL DATA SUBJECT TO THIS LICENSE AGREEMENT BDR SERVICES ARE PROVIDED ON AN “AS IS” AND SOG MAKES NO REPRESENTATION “AS AVAILABLE” BASIS. ANY MATERIAL DOWNLOADED OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO OTHERWISE OBTAINED THROUGH THE ACCURACY OR USEFULNESS OF SUCH DATA AND ANY IMPLIED WARRANTIES OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. SUCH DATA IS DELIVERED HEREUNDER WITH THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY THAT ANY ACTION TAKEN OR EXPENDITURE MADE BY SUCH COMPANY OR ANY PERSON OR ENTITY PERMITTED ACCESS TO THE DATA IN ACCORDANCE WITH THIS LICENSE WILL BE AT SUCH PARTY’S SOLE RISK AND NEITHER COMPANY NOR ANY OTHER SUCH PARTY WILL HAVE ANY CLAIM AGAINST AND EACH HEREBY RELEASES SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOF, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN OR IN THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUAL, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR IN THE SERVICES AGREEMENT, SOG SHALL NOT BE LIABLE TO A COMPANY OR ANY OTHER PARTY FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF SUCH COMPANY’S OR ANY OTHER PARTY’S POSSESSION, CONTROL OR USE OF THE DATABDR SYSTEM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, INCLUDING, WITHOUT LIMITATION, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF PROFIT DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE BDR SYSTEM IS NOT INTENDED OR BUSINESS INTERRUPTIONSUITABLE FOR USE IN APPLICATIONS THAT COULD LEAD TO DEATH, HOWEVER SAME MAY PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. ALL HARDWARE COVERED UNDER THIS MANAGED CORE PLAN MUST BE CAUSEDCOVERED UNDER A FULL MANUFACTURER'S ONSITE WARRANTY OR MAINTENANCE PLAN FOR THE ENTIRE DURATION OF THE SERVICES CONTRACT. Geophysical Seismic Date Use LicenseALL SOFTWARE MUST BE THE MOST CURRENT VERSION OR WITHIN ONE RELEASE OF THE MOST CURRENT AVAILABLE BY THE MANUFACTURER. ALL SOFTWARE OTHER THAN MICROSOFT MUST BE COVERED BY A SEPARATE MAINTENANCE OR SUPPORT AGREEMENT THAT MUST BE MADE ACCESSIBLE TO OUR SUPPORT TECHS FOR ASSISTANCE IF NECESSARY. Note: BDR software is not able to bypass the windows activation. This happens when you perform an HIR restore to another machine windows will still detect the hardware change and may require activation. There is no way to bypass this; Domain cannot and will not do anything that will effect Microsoft Windows activations. Some OEM copies of windows are intentionally locked to specific machines or even hard drives and require special permission from Microsoft for activation. Some OEM licenses cannot be activated on anything except the original machine.

Appears in 1 contract

Samples: www.go-domain.com

Warranties and Disclaimers. SOG WARRANTS THAT IT OWNS OR CONTROLS THE OWNERSHIP RIGHTS IN THE DATA GRANTED IN THIS LICENSE AGREEMENT AND HAS FULL AUTHORITY AND POWER TO GRANT TO THE COMPANIES THE DATA USE RIGHTSFor warranty concerning the Product, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH THE DATAplease consult the User Manual. THE DATA DELIVERED HEREUNDER WILL BE, TO SOG’S KNOWLEDGE, INFORMATIONSOFTWARE IS PROVIDED AS IS, AND BELIEF, ACQUIRED AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES OF THE GEOPHYSICAL PROFESSION. HOWEVER, EACH COMPANY ACKNOWLEDGES IT IS ACCEPTING ALL DATA SUBJECT TO THIS LICENSE AGREEMENT “AS IS” AND SOG MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY OR USEFULNESS OF SUCH DATA AND ANY IMPLIED WARRANTIES OR REPRESENTATIONS ARE HEREBY OF ANY KIND, AND NOWA EXPRESSLY DISCLAIMEDDISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SUCH DATA IS DELIVERED HEREUNDER WITH THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY THAT ANY ACTION TAKEN OR EXPENDITURE MADE BY SUCH COMPANY OR ANY PERSON OR ENTITY PERMITTED ACCESS TO THE DATA IN ACCORDANCE WITH THIS LICENSE WILL BE AT SUCH PARTY’S SOLE ENTIRE RISK AND NEITHER COMPANY NOR ANY OTHER SUCH PARTY WILL HAVE ANY CLAIM AGAINST AND EACH HEREBY RELEASES SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOF, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN OR IN THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUAL, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR IN THE SERVICES AGREEMENT, SOG SHALL NOT BE LIABLE TO A COMPANY OR ANY OTHER PARTY FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF SUCH COMPANY’S THE OPERATION, USE, PERFORMANCE OR ANY OTHER PARTY’S POSSESSION, CONTROL OR USE NON-PERFORMANCE OF THE DATASOFTWARE REMAINS WITH YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, NOWA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SOFTWARE. YOU FURTHER ACKNOWLEDGE THAT NOWA CANNOT GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ALL ERRORS CAN OR WILL BE CORRECTED AND UNDER NO CIRCUMSTANCES WILL NOWA BE HELD LIABLE FOR ANY HARM RESULTING FROM USING THE SOFTWARE, DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SOFTWARE, ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES OR CAUSES BEYOND NOWA’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF PROFIT OR BUSINESS INTERRUPTION, HOWEVER SAME MAY BE CAUSED. Geophysical Seismic Date Use LicenseFLUCTUATIONS IN HEAT.

Appears in 1 contract

Samples: License Agreement

Warranties and Disclaimers. SOG WARRANTS Some of our Products may come with a limited warranty. Any of our paid Products include a limited warranty where we warrant that, for thirty (30) days from the date of purchase, such Product will operate substantially in accordance with the Documentation and that the media (e.g., CD ROM), if any, on which such Product was provided to you will be free from defects in materials and workmanship. If you did not intentionally or accidentally cause the defect in the respective Product, your exclusive remedy for the breach of the foregoing limited warranty shall be, at our option, either (i) a return of the fee you paid; (ii) a replacement of the defective media on which the particular Product was provided to you; or (iii) receipt of a defective-free version of the respective Product by either us replacing the Product or fixing the underlying problem causing the defect. You must return any defective media to us or to the reseller that provided the media to you, at your expense, with a copy of your receipt. THIS LIMITED WARRANTY IS VOID IF YOU CAUSED THE DEFECT, EITHER INTENTIONALLY OR ACCIDENTALLY. EXCEPT FOR THE LIMITED WARRANTY THAT IT OWNS MAY APPLY TO SOME OF OUR PRODUCTS, AND/OR CONTROLS THE OWNERSHIP RIGHTS IN THE DATA GRANTED IN THIS LICENSE AGREEMENT AND HAS FULL AUTHORITY AND POWER TO GRANT TO THE COMPANIES THE DATA USE RIGHTSPARTICULAR PARTS THEREOF, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH THE DATA. THE DATA DELIVERED HEREUNDER WILL BE, TO SOG’S KNOWLEDGE, INFORMATION, AND BELIEF, ACQUIRED AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES OF THE GEOPHYSICAL PROFESSION. HOWEVER, EACH COMPANY ACKNOWLEDGES IT IS ACCEPTING ALL DATA SUBJECT TO THIS LICENSE AGREEMENT OUR PRODUCTS ARE PROVIDED “AS IS” AND SOG MAKES WE MAKE NO REPRESENTATION OR WARRANTYWARRANTY OF ANY KIND AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES OF ANY KIND WHETHER EXPRESS, EXPRESS OR IMPLIED, WITH RESPECT OR STATUTORY INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF SUCH DATA AND ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. WE ALSO EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES RELATING TO NON- INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMEDABILITY TO INTEGRATE A PARTICULAR PRODUCT WITH OTHER PRODUCTS. YOU ASSUME RESPONSIBILITY FOR SELECTING A PARTICULAR PRODUCT TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM SUCH DATA IS DELIVERED HEREUNDER WITH PRODUCTS. WITHOUT LIMITING THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY FOREGOING, WE MAKE NO WARRANTY THAT ANY ACTION TAKEN OUR PRODUCTS WILL PROTECT AGAINST ALL POSSIBLE THREATS, BE ERROR-FREE OR EXPENDITURE MADE BY SUCH COMPANY OR ANY PERSON OR ENTITY PERMITTED ACCESS TO THE DATA IN ACCORDANCE WITH THIS LICENSE WILL BE AT SUCH PARTY’S SOLE RISK AND NEITHER COMPANY NOR ANY OTHER SUCH PARTY WILL HAVE ANY CLAIM AGAINST AND EACH HEREBY RELEASES SOG FREE FROM ANY LIABILITY AS A CONSEQUENCE THEREOF, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN OR IN THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS INTERRUPTIONS OR OTHER MINERAL LEASES FAILURES, THAT OUR PRODUCTS WILL BE GRANTED MEET YOUR SPECIFIC REQUIREMENTS OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED THAT OUR PRODUCTS ARE FIT FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUAL, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR USE IN THE SERVICES AGREEMENT, SOG SHALL NOT BE LIABLE TO A COMPANY OR ANY OTHER PARTY FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF SUCH COMPANY’S OR ANY OTHER PARTY’S POSSESSION, CONTROL OR USE OF THE DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT OR BUSINESS INTERRUPTION, HOWEVER SAME MAY BE CAUSED. Geophysical Seismic Date Use LicenseSPECIAL RISK AREAS.

Appears in 1 contract

Samples: s3.amazonaws.com

Warranties and Disclaimers. SOG WARRANTS THAT IT OWNS OR CONTROLS THE OWNERSHIP RIGHTS IN THE DATA GRANTED IN THIS LICENSE AGREEMENT AND HAS FULL AUTHORITY AND POWER TO GRANT TO THE COMPANIES THE DATA USE RIGHTS, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH THE DATA. THE DATA DELIVERED HEREUNDER WILL BE, TO SOG’S KNOWLEDGE, INFORMATION, AND BELIEF, ACQUIRED AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES OF THE GEOPHYSICAL PROFESSION. HOWEVER, EACH COMPANY ACKNOWLEDGES IT SERVICE IS ACCEPTING ALL DATA SUBJECT TO THIS LICENSE AGREEMENT PROVIDED ON AN “AS IS” BASIS AND SOG MAKES NO REPRESENTATION USE OF THE SERVICE IS AT YOUR OWN RISK. ECOM DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS AND/OR WARRANTYIMPLIED WARRANTIES, EXPRESS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR IMPLIEDTRADE PRACTICE. ECOM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, WITH RESPECT ERROR-FREE, OR COMPLETELY SECURE. ECOM DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM ECOM’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN END USER’S CONNECTION TO THE ACCURACY OR USEFULNESS OF SUCH DATA AND ANY IMPLIED WARRANTIES OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. SUCH DATA IS DELIVERED HEREUNDER WITH THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY THAT ANY ACTION TAKEN OR EXPENDITURE MADE BY SUCH COMPANY OR ANY PERSON OR ENTITY PERMITTED ACCESS TO THE DATA IN ACCORDANCE WITH THIS LICENSE WILL BE AT SUCH PARTY’S SOLE RISK AND NEITHER COMPANY NOR ANY OTHER SUCH PARTY WILL HAVE ANY CLAIM AGAINST AND EACH HEREBY RELEASES SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOF, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN OR IN THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUAL, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS INTERNET MAY BE EXPRESSLY PROVIDED FOR IN THE SERVICES AGREEMENTIMPAIRED OR DISRUPTED. ALTHOUGH ECOM WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, SOG SHALL ECOM CANNOT GUARANTEE THAT THEY WILL NOT BE LIABLE TO A COMPANY OR OCCUR. ACCORDINGLY, ECOM DISCLAIMS ANY OTHER PARTY FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND ALL LIABILITY RESULTING FROM OR ARISING OUT RELATED TO SUCH OCCURRENCES. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP ANY OF SUCH COMPANY’S YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICES, INCLUDING THE eNET SERVICE. ECOM DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ANY OTHER PARTY’S POSSESSIONERROR-FREE, CONTROL OR (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DATASERVICE WILL BE ACCURATE OR RELIABLE, INCLUDING(IV) THE QUALITY OF ANY PRODUCTS, WITHOUT LIMITATIONSERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE WEBSITE OR RELATED SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF PROFIT DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR BUSINESS INTERRUPTIONINFORMATION, HOWEVER SAME MAY BE CAUSED. Geophysical Seismic Date Use LicenseWHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Appears in 1 contract

Samples: www.enetreality.com

Warranties and Disclaimers. SOG WARRANTS THAT IT OWNS THE SERVICES AND ITS CONTENTS, WHETHER PROVIDED BY PLEDGE GARDEN, ITS LICENSORS, ITS VENDORS OR CONTROLS ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE OWNERSHIP RIGHTS IN THE DATA GRANTED IN THIS LICENSE AGREEMENT AND HAS FULL AUTHORITY AND POWER SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO GRANT ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE COMPANIES FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, PLEDGE GARDEN DOES NOT WARRANT THAT: (i) THE DATA USE RIGHTSINFORMATION AVAILABLE ON THE SERVICES IS FREE OF ERRORS; (ii) DEFECTS WILL BE CORRECTED, INCLUDING OR (iii) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL PLEDGE GARDEN OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY INTELLECTUAL PROPERTY RIGHTS ASSOCIATED OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE DATA. THE DATA DELIVERED HEREUNDER WILL BESERVICES, TO SOG’S KNOWLEDGEANY MATERIALS, INFORMATION, AND BELIEFOR RECOMMENDATIONS APPEARING ON THE SERVICES, ACQUIRED AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES OR ANY LINK PROVIDED ON THE SERVICES, WHETHER OR NOT PLEDGE GARDEN HAS BEEN ADVISED OF THE GEOPHYSICAL PROFESSION. HOWEVER, EACH COMPANY ACKNOWLEDGES IT IS ACCEPTING ALL DATA SUBJECT TO THIS LICENSE AGREEMENT “AS IS” POSSIBILITY OF SUCH DAMAGES AND SOG MAKES NO REPRESENTATION OR WHETHER BASED UPON WARRANTY, EXPRESS CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE, OR IMPLIED, WITH RESPECT OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE ACCURACY OR USEFULNESS OF SUCH DATA AND FULLEST EXTENT PERMITTED BY LAW. IN ANY IMPLIED WARRANTIES OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. SUCH DATA IS DELIVERED HEREUNDER WITH EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY THAT ANY ACTION TAKEN OR EXPENDITURE MADE BY SUCH COMPANY OR ANY PERSON OR ENTITY PERMITTED ACCESS AMOUNT YOU DONATED TO THE DATA IN ACCORDANCE WITH THIS LICENSE WILL BE AT SUCH PARTY’S SOLE RISK AND NEITHER COMPANY NOR ANY OTHER SUCH PARTY WILL HAVE ANY CAMPAIGN TO WHICH THE CLAIM AGAINST AND EACH HEREBY RELEASES SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOFRELATES OR, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN OR IN IF THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUAL, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR IN THE SERVICES AGREEMENT, SOG SHALL CLAIM DOES NOT BE LIABLE RELATE TO A COMPANY DONATION FOR AN EVENT OR ANY OTHER PARTY FOR PUNITIVECAMPAIGN, INDIRECT$100. If you are a California resident, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF SUCH COMPANY’S OR ANY OTHER PARTY’S POSSESSIONyou hereby waive California Civil Code §1542, CONTROL OR USE OF THE DATAwhich says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT OR BUSINESS INTERRUPTION, HOWEVER SAME MAY BE CAUSED. Geophysical Seismic Date Use Licensewhich if known by him must have materially affected his settlement with the debtor." This release includes the criminal acts of others.

Appears in 1 contract

Samples: www.pledgegarden.com

Warranties and Disclaimers. SOG WARRANTS THAT IT OWNS OR CONTROLS THE OWNERSHIP RIGHTS IN THE DATA GRANTED IN THIS LICENSE AGREEMENT AND HAS FULL AUTHORITY AND POWER TO GRANT TO THE COMPANIES THE DATA USE RIGHTS, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH THE DATA. THE DATA DELIVERED HEREUNDER WILL BE, TO SOG’S KNOWLEDGE, INFORMATION, AND BELIEF, ACQUIRED AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES OF THE GEOPHYSICAL PROFESSION. HOWEVER, EACH COMPANY ACKNOWLEDGES IT IS ACCEPTING ALL DATA SUBJECT TO THIS LICENSE AGREEMENT “AS IS” AND SOG MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY OR USEFULNESS OF SUCH DATA AND ANY IMPLIED WARRANTIES OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. SUCH DATA IS DELIVERED HEREUNDER WITH THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY THAT ANY ACTION TAKEN OR EXPENDITURE MADE BY SUCH COMPANY OR ANY PERSON OR ENTITY PERMITTED ACCESS TO THE DATA IN ACCORDANCE WITH THIS LICENSE WILL BE AT SUCH PARTY’S SOLE RISK AND NEITHER COMPANY NOR ANY OTHER SUCH PARTY WILL HAVE ANY CLAIM AGAINST AND EACH HEREBY RELEASES SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOF, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN OR IN THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUAL, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR IN THE SERVICES AGREEMENT, SOG SHALL NOT BE LIABLE TO A COMPANY OR ANY OTHER PARTY FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF SUCH COMPANY’S OR ANY OTHER PARTY’S POSSESSION, CONTROL OR USE OF THE DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT OR BUSINESS INTERRUPTION, HOWEVER SAME MAY BE CAUSED. Geophysical Seismic Date Use LicenseLicense [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Appears in 1 contract

Samples: License Agreement (Sanchez Energy Corp)

Warranties and Disclaimers. SOG WARRANTS THAT IT OWNS OR CONTROLS THE OWNERSHIP RIGHTS IN THE DATA GRANTED IN THIS LICENSE AGREEMENT AND HAS FULL AUTHORITY AND POWER TO GRANT TO THE COMPANIES EXTEND PERMITTED BY LAW, THE DATA USE RIGHTS, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH THE DATA. THE DATA DELIVERED HEREUNDER WILL BE, TO SOG’S KNOWLEDGE, INFORMATIONSTORE, AND BELIEFALL CONTENT AVAILABLE ON THE STORE, ACQUIRED AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES OF THE GEOPHYSICAL PROFESSION. HOWEVER, EACH COMPANY ACKNOWLEDGES IT IS ACCEPTING ALL DATA SUBJECT TO THIS LICENSE AGREEMENT PROVIDED ON AN AS AS-IS” AND SOG MAKES NO REPRESENTATION BASIS WITHOUT WARRANTIES OR WARRANTYCONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY OR USEFULNESS OF SUCH DATA AND ANY IMPLIED WARRANTIES OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. SUCH DATA IS DELIVERED HEREUNDER WITH THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY THAT ANY ACTION TAKEN OR EXPENDITURE MADE BY SUCH COMPANY OR ANY PERSON OR ENTITY PERMITTED ACCESS TO THE DATA IN ACCORDANCE WITH THIS LICENSE WILL BE AT SUCH PARTY’S SOLE RISK AND NEITHER COMPANY NOR ANY OTHER SUCH PARTY WILL HAVE ANY CLAIM AGAINST AND EACH HEREBY RELEASES SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOF, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN OR IN THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUAL, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR IN THE SERVICES AGREEMENT, SOG SHALL NOT BE LIABLE TO A COMPANY OR ANY OTHER PARTY FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF SUCH COMPANY’S OR ANY OTHER PARTY’S POSSESSION, CONTROL OR USE OF THE DATA, INCLUDING, WITHOUT LIMITATION, LOSS WARRANTIES OF PROFIT TITLE OR BUSINESS INTERRUPTIONIMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL PRODUCTS AND SERVICES PURCHASED THROUGH THE STORE ARE PROVIDED ON AN “AS-IS” BASIS UNLESS OTHERWISE NOTED IN THE LIMITED WARRANTY INCLUDED WITH THE PRODUCT. NEPOWARE DOES NOT REPRESENT, HOWEVER SAME MAY WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION WILL BE CAUSEDAVAILABLE, ACCURATE, OR RELIABLE OR THAT PRODUCT INFORMATION OR USE OF THE ONLINE STORE, THE PRODUCT OR SERVICES WILL PROVIDE SAFETY IN YOUR HOME OR BUSINESS. Geophysical Seismic Date Use LicenseYOU USE ALL PRODUCT INFORMATION AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND NEPOWARE DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICTY, HOME, PRODUCT, EQUIPMENT, PRODUCT PERIPHERALS, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME OR BUSINESS, RESULTING FROM YOUR USE OF THE STORE, PRODUCT INFORMATION OR PRODUCT.

Appears in 1 contract

Samples: neposmart.com

Warranties and Disclaimers. SOG WARRANTS PURCHASER ACKNOWLEDGES THAT IT OWNS OR CONTROLS THE OWNERSHIP RIGHTS IN THE DATA GRANTED IN THIS LICENSE AGREEMENT AND HAS FULL AUTHORITY AND POWER TO GRANT TO THE COMPANIES THE DATA USE RIGHTS, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH THE DATA. THE DATA DELIVERED HEREUNDER WILL BE, TO SOG’S KNOWLEDGE, INFORMATION, AND BELIEF, ACQUIRED AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES SALE OF THE GEOPHYSICAL PROFESSION. HOWEVER, EACH COMPANY ACKNOWLEDGES IT LEASE TRANSACTION HEREUNDER IS ACCEPTING ALL DATA SUBJECT TO THIS LICENSE AGREEMENT BEING MADE ON AN “AS IS” AND SOG “WHERE IS” BASIS. EXCEPT AS SPECIFICALLY SET FORTH IN THIS XXXX OF SALE, THE PURCHASE AGREEMENT AND THE ASSIGNMENT AND ASSUMPTION AGREEMENT, SELLER MAKES NO REPRESENTATION NO, HEREBY DISCLAIMS ANY, AND PURCHASER HEREBY WAIVES ALL, OTHER REPRESENTATIONS OR WARRANTYWARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT AS TO ANY MATTER WHATSOEVER CONCERNING THE LEASE TRANSACTION OR THE ASSET INCLUDING, WITHOUT LIMITATION, THE SELECTION, QUALITY, OR CONDITION THEREOF, OR MERCHANTABILITY, SUITABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, THE OPERATION, PERFORMANCE OR MAINTENANCE THEREOF, PATENT INFRINGEMENT, ENVIRONMENTAL, PROPERTY OR USE ISSUES OR THE LIKE OR AS TO THE ACCURACY FINANCIAL CONDITION, RESULTS OF OPERATIONS OR USEFULNESS OF SUCH DATA AND ANY IMPLIED WARRANTIES OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. SUCH DATA IS DELIVERED HEREUNDER WITH THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY THAT ANY ACTION TAKEN OR EXPENDITURE MADE BY SUCH COMPANY OR ANY PERSON OR ENTITY PERMITTED ACCESS TO THE DATA IN ACCORDANCE WITH THIS LICENSE WILL BE AT SUCH PARTY’S SOLE RISK AND NEITHER COMPANY NOR ANY OTHER SUCH PARTY WILL HAVE ANY CLAIM AGAINST AND EACH HEREBY RELEASES SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOF, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN OR IN THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUAL, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR IN THE SERVICES AGREEMENT, SOG SHALL NOT BE LIABLE TO A COMPANY OR ANY OTHER PARTY FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF SUCH COMPANY’S OR ANY OTHER PARTY’S POSSESSION, CONTROL OR USE BUSINESS OF THE DATALESSEE, THE TRANSACTIONS CONTEMPLATED HEREBY, THE ANTICIPATED OR EXPECTED RESULTS THEREOF TO PURCHASER, INCLUDING, WITHOUT LIMITATION, THE TAX CONSEQUENCES TO PURCHASER OF SUCH TRANSACTIONS UNDER FEDERAL, STATE OR LOCAL LAWS, OR ANY OTHER MATTER WHATSOEVER. SELLER ALSO DISCLAIMS AND PURCHASER WAIVES ANY OBLIGATION OR LIABILITY TO PURCHASER FOR LOSS OR INTERRUPTION OF USE, REVENUE, PROFIT OR BUSINESS INTERRUPTIONBUSINESS, HOWEVER SAME MAY BE CAUSED. Geophysical Seismic Date Use LicenseAND FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Northwestern Corp)

Warranties and Disclaimers. SOG WARRANTS THAT IT OWNS OR CONTROLS THE OWNERSHIP RIGHTS IN THE MYSTOCKTM INVENTORY MANAGER SOFTWARE, ALL ACCOMPANYING FILES, DATA GRANTED IN THIS LICENSE AGREEMENT AND HAS FULL AUTHORITY AND POWER TO GRANT TO THE COMPANIES THE DATA USE RIGHTSMATERIALS, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH THE DATA. THE DATA DELIVERED HEREUNDER WILL BE, TO SOG’S KNOWLEDGE, INFORMATION, AND BELIEF, ACQUIRED AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES OF THE GEOPHYSICAL PROFESSION. HOWEVER, EACH COMPANY ACKNOWLEDGES IT IS ACCEPTING ALL DATA SUBJECT TO THIS LICENSE AGREEMENT “ARE DISTRIBUTED "AS IS" AND SOG MAKES WITH NO REPRESENTATION OR WARRANTYWARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT . THE USER MUST ASSUME ALL RISK OF USING THE PROGRAM. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. TRACE WIDTH TECHNOLOGY SOLUTIONS LLC AND ANY THIRD PARTY SOFTWARE AND SERVICES PROVIDED EXPRESSLY DISCLAIM TO THE ACCURACY OR USEFULNESS OF SUCH DATA FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND ANY IMPLIED WARRANTIES OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. SUCH DATA IS DELIVERED HEREUNDER WITH THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY THAT ANY ACTION TAKEN OR EXPENDITURE MADE BY SUCH COMPANY OR ANY PERSON OR ENTITY PERMITTED ACCESS TO THE DATA IN ACCORDANCE WITH THIS LICENSE WILL BE AT SUCH PARTY’S SOLE RISK AND NEITHER COMPANY NOR ANY OTHER SUCH PARTY WILL HAVE ANY CLAIM AGAINST AND EACH HEREBY RELEASES SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOF, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN OR IN THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUAL, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR IN THE SERVICES AGREEMENT, SOG SHALL NOT BE LIABLE TO A COMPANY OR ANY OTHER PARTY FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF SUCH COMPANY’S OR ANY OTHER PARTY’S POSSESSION, CONTROL OR USE OF THE DATASTATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE MYSTOCKTM INVENTORY MANAGER SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE OR SERVICES. TRACE WIDTH TECHNOLOGY SOLUTIONS LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MYSTOCKTM INVENTORY MANAGER SOFTWARE OR SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MYSTOCKTM INVENTORY MANAGER SOFTWARE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MYSTOCKTM INVENTORY MANAGER SOFTWARE OR SERVICE WILL BE CORRECTED. TRACE WIDTH TECHNOLOGY SOLUTIONS LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MYSTOCKTM INVENTORY MANAGER SOFTWARE OR SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. TRACE WIDTH TECHNOLOGY SOLUTIONS LLC DOES NOT REPRESENT OR WARRANT THAT USERS WILL BE ABLE TO ACCESS OR USE THE MYSTOCKTM INVENTORY MANAGER SOFTWARE AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT TRACE WIDTH TECHNOLOGY SOLUTIONS LLC WILL HAVE ADEQUATE CAPACITY FOR ANY USER’S REQUIREMENTS. NO ORAL OR WRITTEN STATEMENT, INFORMATION OR ADVICE GIVEN BY TRACE WIDTH TECHNOLOGY SOLUTIONS LLC, OR ITS RESPECTIVE EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL CREATE ANY WARRANTIES. ANY LIABILITY OF THE END USER WILL BE LIMITED EXCLUSIVELY TO REFUND OF PURCHASE PRICE PER THE GUIDELINES OF THE RESELLER. IN ADDITION, IN NO EVENT SHALL TRACE WIDTH TECHNOLOGY SOLUTIONS LLC, OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER RELATING TO THE USE OF THE SOFTWARE PRODUCT. IN ADDITION, IN NO EVENT DOES TRACE WIDTH TECHNOLOGY SOLUTIONS LLC AUTHORIZE YOU TO USE THE MYSTOCKTM INVENTORY MANAGER SOFTWARE WHERE THE SOFTWARE PRODUCT'S FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN ANY PUNITIVE LOSS, PHYSICAL INJURY, OR IN LOSS OF PROFIT LIFE. ANY SUCH USE BY YOU IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD TRACE WIDTH TECHNOLOGY SOLUTIONS LLC HARMLESS FROM ANY CLAIMS OR BUSINESS INTERRUPTION, HOWEVER SAME MAY BE CAUSED. Geophysical Seismic Date Use LicenseLOSSES RELATING TO SUCH UNAUTHORIZED USE.

Appears in 1 contract

Samples: mystock.mybook-mobile.com

Warranties and Disclaimers. SOG WARRANTS THAT IT OWNS OR CONTROLS THE OWNERSHIP RIGHTS EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THE DATA GRANTED IN A WRITTEN AGREEMENT BETWEEN YOU AND COMPANY, THIS LICENSE AGREEMENT AND HAS FULL AUTHORITY AND POWER TO GRANT TO THE COMPANIES THE DATA USE RIGHTS, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH THE DATA. THE DATA DELIVERED HEREUNDER WILL BE, TO SOG’S KNOWLEDGE, INFORMATIONSITE, AND BELIEFALL SITE MATERIALS, ACQUIRED PRODUCTS, AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES OF THE GEOPHYSICAL PROFESSION. HOWEVER, EACH COMPANY ACKNOWLEDGES IT IS ACCEPTING ALL DATA SUBJECT TO SERVICES ACCESSIBLE THROUGH THIS LICENSE AGREEMENT “SITE ARE PROVIDED "AS IS” AND SOG MAKES NO REPRESENTATION OR WARRANTY" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF SUCH DATA AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE, OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMEDFITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. SUCH DATA IS DELIVERED HEREUNDER WITH WITHOUT LIMITING THE UNDERSTANDING FOREGOING, COMPANY MAKES NO WARRANTY THAT (i) THE SITE MATERIALS, PRODUCTS, AND AGREEMENT OF EACH COMPANY THAT ANY ACTION TAKEN OR EXPENDITURE MADE BY SUCH COMPANY OR ANY PERSON OR ENTITY PERMITTED ACCESS TO SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE DATA IN ACCORDANCE WITH THIS LICENSE SITE MATERIALS, PRODUCTS, AND SERVICES WILL BE AT SUCH PARTY’S SOLE RISK AND NEITHER COMPANY NOR ANY OTHER SUCH PARTY WILL HAVE ANY CLAIM AGAINST AND EACH HEREBY RELEASES SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOFUNINTERRUPTED, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN TIMELY, SECURE, ALWAYS AVAILABLE, OR IN ERROR-FREE; (iii) THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION RESULTS THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUAL, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR IN OBTAINED FROM THE SERVICES AGREEMENT, SOG SHALL NOT BE LIABLE TO A COMPANY OR ANY OTHER PARTY FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF SUCH COMPANY’S OR ANY OTHER PARTY’S POSSESSION, CONTROL OR USE OF THE DATASITE MATERIALS, PRODUCTS, AND SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY SITE MATERIALS, PRODUCTS, AND SERVICES PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE PRODUCTS AND SERVICES OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, THE SITE MATERIALS, PRODUCTS, AND SERVICES, WILL BE CORRECTED. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. COMPANY MAY MAKE CHANGES TO THE SITE MATERIALS, PRODUCTS, AND/OR SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS AND SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE SITE MATERIALS, PRODUCTS, AND/OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND COMPANY MAKES NO COMMITMENT TO UPDATE SUCH SITE MATERIALS, PRODUCTS, AND/OR SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) COMPANY DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED AND/OR PERFORMED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE PROVIDED BY THIRD PARTY VENDORS OR THOSE ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED AND/OR PERFORMED BY THIRD PARTIES. THE USE, INSTALLATION, AND/OR DOWNLOADING OF ANY SITE MATERIALS, PRODUCTS, AND SERVICES THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR COMMUNICATIONS SYSTEMS OR SERVICES, LOSS OF PROFIT DATA, OR BUSINESS INTERRUPTIONOTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. COMPANY ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS INSTALLED, HOWEVER SAME TRANSMITTED, OR DOWNLOADED TO YOUR COMPUTER OR COMMUNICATIONS SYSTEMS OR SERVICES FROM THE SITE OR IN CONNECTION WITH ANY SITE MATERIALS, PRODUCTS, AND SERVICES APPEARING ON AND/OR OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS. LIMITATION OF LIABILITY. IN NO EVENT INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL COMPANY, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, ATTORNEYS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE CAUSEDLIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, THE SITE MATERIALS, PRODUCTS, AND SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. Geophysical Seismic Date Use LicenseSOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: steamedu.com

Warranties and Disclaimers. SOG WARRANTS THAT IT OWNS OR CONTROLS YOU REPRESENT AND WARRANT TO US THAT: (A) YOU HAVE THE OWNERSHIP RIGHTS AUTHORITY TO ENTER INTO THIS AGREEMENT AND PERFORM YOUR OBLIGATIONS HEREUNDER AND ALL INFORMATION SUPPLIED BY YOU TO US IS ACCURATE AND TRUE.; (B) YOU WILL PROVIDE ALL REASONABLE ASSISTANCE TO US AND TO OUT SUBCONTRACTORS IN PROVIDING THE DATA GRANTED SERVICES SET FORTH IN THIS LICENSE AGREEMENT AGREEMENT; (C) YOU AND HAS FULL AUTHORITY ANY OF YOUR AUTHORIZED USERS OF THE SERVICES WILL ONLY USE THE SERVICES FOR LAWFUL PURPOSES AND POWER TO GRANT TO IN COMPLIANCE WITH ALL APPLICABLE RULES AND REGULATIONS AND WITH OUR REASONABLE INSTRUCTIONS, RULES, POLICIES, SPECIFICATIONS, TERMS AND CONDITIONS, AND OPERATING PROCEDURES AND WILL NOT VIOLATE ANY LAW OF ANY COUNTRY OR THE COMPANIES THE DATA USE RIGHTS, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS ASSOCIATED OF ANY THIRD PARTY; (D) EACH TIME YOU INITIATE A DEPOSIT TRANSACTION USING THE SERVICES, YOU HAVE ONLY TRANSMITTED ACCEPTABLE ITEMS FOR DEPOSIT AND HAVE HANDLED THE ORIGINAL ITEMS FOLLOWING TRANSMISSION TO US AS AGREED, DIRECTED BY WITH THE DATA. THE DATA DELIVERED HEREUNDER WILL BE, TO SOG’S KNOWLEDGE, INFORMATION, US AND BELIEF, ACQUIRED AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES APPLICABLE LAW; (E) EACH TIME YOU INITIATE A DEPOSIT TRANSACTION USING THE SERVICES (E.G. MOBILE DEPOSIT CAPTURE OR REMOTE DEPOSIT CAPTURE), (1) YOU ARE A PERSON AUTHORIZED TO ENFORCE EACH ITEM OR ARE AUTHORIZED TO OBTAIN PAYMENT OF EACH ITEM ON BEHALF OF A PERSON ENTITLED TO ENFORCE AN ITEM, (2) THE ITEMS HAVE NOT BEEN ALTERED, (3) EACH ITEM BEARS ALL APPLICABLE INDORSEMENTS IN A RESTRICTED FORMAT AS DIRECTED BY US, (4) THE ELECTRONIC IMAGE PORTION OF EACH ITEM ACCURATELY AND LEGIBLY REPRESENTS ALL OF THE GEOPHYSICAL PROFESSION. HOWEVERINFORMATION ON THE FRONT AND BACK OF THE ORIGINAL CHECK AS OF THE TIME THE ORIGINAL CHECK WAS TRUNCATED, EACH COMPANY ACKNOWLEDGES IT IS ACCEPTING IF APPLICABLE, (5) THE INFORMATION PORTION OF THE ITEM CONTAINS A RECORD OF ALL DATA SUBJECT TO THIS LICENSE AGREEMENT “AS IS” AND SOG MAKES NO REPRESENTATION OR WARRANTYAPPLICABLE MICR-LINE INFORMATION REQUIRED FOR A SUBSTITUTE CHECK, EXPRESS OR IMPLIEDIF APPLICABLE, WITH RESPECT (6) THE ITEM CONFORMS TO THE ACCURACY OR USEFULNESS OF SUCH DATA AND ANY IMPLIED WARRANTIES OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. SUCH DATA IS DELIVERED HEREUNDER WITH THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY THAT ANY ACTION TAKEN OR EXPENDITURE MADE TECHNICAL STANDARDS FOR AN ELECTRONIC ITEM AS SPECIFIED BY SUCH COMPANY OR ANY PERSON OR ENTITY PERMITTED ACCESS US FROM TIME TO THE DATA IN ACCORDANCE WITH THIS LICENSE WILL BE AT SUCH PARTY’S SOLE RISK AND NEITHER COMPANY NOR ANY OTHER SUCH PARTY WILL HAVE ANY CLAIM AGAINST AND EACH HEREBY RELEASES SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOF, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN OR IN THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUAL, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR IN THE SERVICES AGREEMENT, SOG SHALL NOT BE LIABLE TO A COMPANY OR ANY OTHER PARTY FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF SUCH COMPANY’S OR ANY OTHER PARTY’S POSSESSION, CONTROL OR USE OF THE DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT OR BUSINESS INTERRUPTION, HOWEVER SAME MAY BE CAUSED. Geophysical Seismic Date Use LicenseTIME,

Appears in 1 contract

Samples: www.firstcitizens.org

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Warranties and Disclaimers. SOG WARRANTS THE AIRCRAFT SHALL BE SOLD IN "AS IS, WHERE IS" CONDITION AT DELIVERY AND, EXCEPT AS PROVIDED IN SECTION 9.01 AND 11.01, SELLER MAKES NO WARRANTIES, GUARANTEES, OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, THAT IT OWNS OR CONTROLS THE OWNERSHIP RIGHTS IN THE DATA GRANTED IN THIS LICENSE AGREEMENT AND HAS FULL AUTHORITY AND POWER TO GRANT SHALL SURVIVE DELIVERY BY SELLER TO THE COMPANIES THE DATA USE RIGHTSAPPLICABLE BUYER HEREUNDER. EACH BUYER WAIVES, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH THE DATA. THE DATA DELIVERED HEREUNDER WILL BERELEASES AND RENOUNCES ALL GUARANTEES, TO SOG’S KNOWLEDGEWARRANTIES, INFORMATIONREPRESENTATIONS, OBLIGATIONS, COVENANTS AND BELIEF, ACQUIRED AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES LIABILITIES OF THE GEOPHYSICAL PROFESSION. HOWEVER, EACH COMPANY ACKNOWLEDGES IT IS ACCEPTING ALL DATA SUBJECT TO THIS LICENSE AGREEMENT “AS IS” AND SOG MAKES NO REPRESENTATION OR WARRANTYSELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE ACCURACY ANY NON-CONFORMITY OR USEFULNESS OF DEFECT IN ANY AIRCRAFT PURCHASED BY AND DELIVERED TO SUCH DATA AND ANY IMPLIED WARRANTIES OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. SUCH DATA IS DELIVERED HEREUNDER WITH THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY THAT ANY ACTION TAKEN OR EXPENDITURE MADE BY SUCH COMPANY OR ANY PERSON OR ENTITY PERMITTED ACCESS TO THE DATA IN ACCORDANCE WITH THIS LICENSE WILL BE AT SUCH PARTY’S SOLE RISK AND NEITHER COMPANY NOR ANY OTHER SUCH PARTY WILL HAVE ANY CLAIM AGAINST AND EACH HEREBY RELEASES SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOFBUYER, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN OR IN THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUALINCLUDING WITHOUT LIMITATION, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OF FITNESS FOR USE OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS MAY BE EXPRESSLY PROVIDED MERCHANTABILITY OR USE FOR A PARTICULAR PURPOSE, ANY LIABILITY ARISING FROM STRICT LIABILITY IN THE SERVICES AGREEMENTTORT, SOG SHALL NOT BE LIABLE TO A COMPANY PRODUCTS LIABILITY, IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR ANY USAGE OF TRADE, AIRWORTHINESS OR LOSS OF USE, PROFIT OR OTHER PARTY FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF SUCH COMPANY’S OR WITH RESPECT TO ANY OTHER PARTY’S POSSESSIONLESSEE. Nothing in the foregoing is intended to limit the specific provisions of this Agreement or the rights and remedies of either Buyer specifically provided for in this Agreement. Seller shall extend to the applicable Buyer the rights and benefits, CONTROL OR USE OF THE DATAto the extent that the same are not extinguished by the sale of the Aircraft, INCLUDINGof any warranties, WITHOUT LIMITATION, LOSS OF PROFIT OR BUSINESS INTERRUPTION, HOWEVER SAME MAY BE CAUSEDservice life policies and patent indemnities of any Manufacturer and any maintenance and overhaul agencies of and for each of the Aircraft which Seller may have. Geophysical Seismic Date Use LicenseSeller also hereby grants to the applicable Buyer rights of subrogation relating to any claim which Seller may have under such warranties concerning each of the Aircraft. Seller shall take such action as the Buyers may reasonably request and as may be reasonably necessary to secure such rights and protection for the Buyers.

Appears in 1 contract

Samples: Asset Purchase Agreement (Morgan Stanley Aircraft Finance)

Warranties and Disclaimers. SOG WARRANTS THAT IT OWNS OR CONTROLS EXCEPT FOR THE OWNERSHIP RIGHTS IN THE DATA GRANTED IN THIS LICENSE AGREEMENT AND HAS FULL AUTHORITY AND POWER TO GRANT TO THE COMPANIES THE DATA USE RIGHTS, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH THE DATA. THE DATA DELIVERED HEREUNDER WILL BE, TO SOG’S KNOWLEDGE, INFORMATION, AND BELIEF, ACQUIRED AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES OF THE GEOPHYSICAL PROFESSION. HOWEVER, EACH COMPANY ACKNOWLEDGES IT IS ACCEPTING ALL DATA SUBJECT TO THIS LICENSE AGREEMENT “AS IS” AND SOG MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY OR USEFULNESS OF SUCH DATA AND ANY IMPLIED WARRANTIES OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. SUCH DATA IS DELIVERED HEREUNDER WITH THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY THAT ANY ACTION TAKEN OR EXPENDITURE MADE BY SUCH COMPANY OR ANY PERSON OR ENTITY PERMITTED ACCESS TO THE DATA IN ACCORDANCE WITH THIS LICENSE WILL BE AT SUCH PARTY’S SOLE RISK AND NEITHER COMPANY NOR ANY OTHER SUCH PARTY WILL HAVE ANY CLAIM AGAINST AND EACH HEREBY RELEASES SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOFWARRANTY ABOVE, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICES AND THE PRODUCT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO: ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR HEREIN OR IN THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER MINERAL LEASES DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, TRUTHFULNESS, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT; ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY SIMUTECH TO THE FULLEST EXTENT PERMITTED BY LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OR ON BEHALF OF SIMUTECH WILL BE GRANTED CREATE ANY LEGALLY BINDING OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUALEFFECTIVE REPRESENTATION, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMEDPROMISE BY SIMUTECH. EXCEPT AS MAY BE EXPRESSLY PROVIDED YOU ARE SOLELY RESPONSIBLE FOR IN THE SERVICES AGREEMENT, SOG SHALL NOT BE LIABLE TO A COMPANY OR ANY OTHER PARTY FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF SUCH COMPANY’S OR ANY OTHER PARTY’S POSSESSION, CONTROL OR SELECTION AND USE OF THE DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT OR BUSINESS INTERRUPTION, HOWEVER SAME PRODUCT AND ANY SERVICES TO ACHIEVE YOUR INTENDED RESULTS AND YOU USE THE SERVICES AND THE PRODUCT AT YOUR OWN RISK. TECHNOLOGY DISCLAIMER: SERVICES MAY BE CAUSEDAFFECTED BY NUMEROUS FACTORS BEYOND SIMUTECH’S CONTROL, AND MAY NOT BE CONTINUOUS, UNINTERRUPTED OR SECURE. Geophysical Seismic Date Use LicenseYOU ACKNOWLEDGE THAT SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SIMUTECH IS NOT RESPONSIBLE OR LIABLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM THOSE PROBLEMS. EXCEPTIONS: THE LAWS IN SOME JURISDICTIONS PROHIBIT OR LIMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND CONDITIONS, AND SO THE DISCLAIMERS IN THIS AGREEMENT MIGHT NOT APPLY TO YOU.

Appears in 1 contract

Samples: Subscription License Agreement

Warranties and Disclaimers. SOG WARRANTS THAT IT OWNS OR CONTROLS THE OWNERSHIP RIGHTS IN THE DATA GRANTED IN THIS LICENSE AGREEMENT LAMBDATEST SERVICES AND HAS FULL AUTHORITY AND POWER TO GRANT TO THE COMPANIES THE DATA USE RIGHTS, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH THE DATA. THE DATA DELIVERED HEREUNDER WILL BE, TO SOG’S KNOWLEDGE, INFORMATION, AND BELIEF, ACQUIRED AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES OF THE GEOPHYSICAL PROFESSION. HOWEVER, EACH COMPANY ACKNOWLEDGES IT IS ACCEPTING ALL DATA SUBJECT TO THIS LICENSE AGREEMENT DOCUMENTATION ARE PROVIDED “AS IS” AND SOG ‘AS AVAILABLE”. YOUR USE OF THE SAME SHALL BE AT YOUR SOLE RISK. NEITHER LAMBDATEST NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND LICENSORS MAKES NO REPRESENTATION OR WARRANTYANY OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. LAMBDATEST DOES NOT WARRANT THAT CUSTOMER’S USE OF LAMBDATEST SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES LAMBDATEST WARRANT THAT IT WILL REVIEW THE CUSTOMER CONTENT FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN THE CUSTOMER CONTENT OR CUSTOMER END USER DATA WITHOUT LOSS. LAMBDATEST WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF LAMBDATEST. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE ACCURACY SHORTEST PERIOD PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, LAMBDATEST IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR USEFULNESS ANY OTHER LOSS OR DAMAGE RESULTING FROM (I) THE TRANSFER OF DATA OVER PUBLIC COMMUNICATIONS NETWORKS AND FACILITIES, INCLUDING THE INTERNET; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF LAMBDATEST SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY LOSS OF YOUR DATA OR CONTENT FROM THE LAMBDATEST SERVICES; OR (II) ANY DELAY OR DELIVERY FAILURE ON THE PART OF ANY OTHER SERVICE PROVIDER NOT CONTRACTED BY LAMBDATEST, AND CUSTOMER ACKNOWLEDGES THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH DATA COMMUNICATIONS FACILITIES. CUSTOMER ACKNOWLEDGES THAT LAMBDATEST CANNOT GUARANTEE THE ABSOLUTE PREVENTION OF CYBER-ATTACKS SUCH AS HACKING, SPYWARE, AND ANY IMPLIED WARRANTIES OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMEDVIRUSES. SUCH DATA IS DELIVERED HEREUNDER WITH THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY THAT ANY ACTION TAKEN OR EXPENDITURE MADE BY SUCH COMPANY OR ANY PERSON OR ENTITY PERMITTED ACCESS TO THE DATA IN ACCORDANCE WITH THIS LICENSE WILL BE AT SUCH PARTY’S SOLE RISK AND NEITHER COMPANY NOR ANY OTHER SUCH PARTY WILL HAVE ANY CLAIM AGAINST AND EACH HEREBY RELEASES SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOFACCORDINGLY, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN OR IN THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUAL, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR IN THE SERVICES AGREEMENT, SOG LAMBDATEST SHALL NOT BE LIABLE TO A COMPANY OR FOR ANY OTHER PARTY FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF SUCH COMPANY’S OR ANY OTHER PARTY’S POSSESSION, CONTROL OR USE OF THE DATA, INCLUDING, WITHOUT LIMITATIONUNAUTHORIZED DISCLOSURE, LOSS OR DESTRUCTION OF PROFIT CUSTOMER CONTENT ARISING FROM SUCH RISKS. YOU WILL NOT HAVE THE RIGHT TO MAKE OR BUSINESS INTERRUPTIONPASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF LAMBDATEST TO ANY THIRD PARTY. LAMBDATEST DOES NOT WARRANT, HOWEVER SAME MAY ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH WEBSITE OR LAMBDATEST SERVICES, AND LAMBDATEST SHALL NOT BE CAUSED. Geophysical Seismic Date Use LicenseA PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCT OR SERVICES.

Appears in 1 contract

Samples: s3.amazonaws.com

Warranties and Disclaimers. SOG WARRANTS THAT IT OWNS OR CONTROLS THE OWNERSHIP RIGHTS IN THE DATA GRANTED IN THIS LICENSE AGREEMENT AND HAS FULL AUTHORITY AND POWER TO GRANT TO THE COMPANIES THE DATA USE RIGHTSAlthough care has been taken to ensure the accuracy of the information on this Site, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH THE DATACloudburst Media B.V. assumes no responsibility therefore. THE DATA DELIVERED HEREUNDER WILL BE, TO SOG’S KNOWLEDGE, INFORMATION, AND BELIEF, ACQUIRED AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES OF THE GEOPHYSICAL PROFESSION. HOWEVER, EACH COMPANY ACKNOWLEDGES IT ALL CONTENT IS ACCEPTING ALL DATA SUBJECT TO THIS LICENSE AGREEMENT “PROVIDED "AS IS" AND SOG MAKES NO REPRESENTATION "AS AVAILABLE." CLOUDBURST MEDIA B.V. HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTYWARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE ACCURACY OPERATION OF THIS SITE OR USEFULNESS OF SUCH DATA AND THE CONTENT. CLOUDBURST MEDIA B.V. DOES NOT WARRANT OR MAKE ANY IMPLIED WARRANTIES OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. SUCH DATA IS DELIVERED HEREUNDER WITH THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY THAT ANY ACTION TAKEN OR EXPENDITURE MADE BY SUCH COMPANY OR ANY PERSON OR ENTITY PERMITTED ACCESS AS TO THE DATA IN ACCORDANCE WITH SECURITY OF THIS LICENSE WILL BE AT SUCH PARTY’S SOLE RISK AND NEITHER COMPANY NOR SITE. YOU ACKNOWLEDGE ANY OTHER SUCH PARTY WILL HAVE ANY CLAIM AGAINST AND EACH HEREBY RELEASES SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOF, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN OR IN THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUAL, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS INFORMATION SENT MAY BE EXPRESSLY PROVIDED FOR IN INTERCEPTED. CLOUDBURST MEDIA B.V. DOES NOT WARRANT THAT THE SERVICES AGREEMENT, SOG SHALL NOT BE LIABLE TO A COMPANY SITE OR THE SERVERS WHICH MAKE THIS SITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY CLOUDBURST MEDIA B.V. ARE FREE FROM VIRUSES OR ANY OTHER PARTY HARMFUL ELEMENTS. The use of the Service through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your Device, loss of data, or other harm that results from such activities. Cloudburst Media B.V. assumes no liability for any computer virus or other similar software code that is downloaded to your Device from the Site or in connection with any Service or products offered through the Site. IN NO EVENT SHALL CLOUDBURST MEDIA B.V. OR ANY OF ITS AFFILIATES BE LIABLE FOR PUNITIVEANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF SUCH COMPANY’S OR ANY OTHER PARTY’S POSSESSION, CONTROL OR USE OF THE DATA, (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFIT BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), HOWEVER SAME MAY UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE OR THE CONTENT, PRODUCTS, SERVICE, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS SITE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF CLOUDBURST MEDIA B.V. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST CLOUDBURST MEDIA B.V. PERTAINING TO OR IN CONNECTION WITH THIS SITE MUST BE CAUSED. Geophysical Seismic Date Use LicenseCOMMENCED AND NOTIFIED TO CLOUDBURST MEDIA .B.V. IN WRITING WITHIN ONE

Appears in 1 contract

Samples: Terms and Conditions

Warranties and Disclaimers. SOG MEMBER WARRANTY. MEMBER REPRESENTS AND WARRANTS THAT IT OWNS OR CONTROLS TO THE OWNERSHIP RIGHTS IN BANK: (A) MEMBER HAS THE DATA GRANTED IN AUTHORITY TO ENTER INTO THIS LICENSE AGREEMENT AND HAS FULL AUTHORITY PERFORM ITS OBLIGATIONS HEREUNDER AND POWER TO GRANT ALL INFORMATION SUPPLIED BY MEMBER TO THE COMPANIES BANK IS ACCURATE AND TRUE.; (B) MEMBER WILL PROVIDE ALL REASONABLE ASSISTANCE TO THE DATA BANK AND ITS SUBCONTRACTORS IN PROVIDING THE SERVICES SET FORTH HEREIN; (C) MEMBER AND ANY AUTHORIZED USERS WILL ONLY USE RIGHTSTHE SERVICES FOR LAWFUL PURPOSES AND IN COMPLIANCE WITH ALL APPLICABLE RULES AND REGULATIONS AND WITH THE BANK’S REASONABLE INSTRUCTIONS, INCLUDING RULES, POLICIES, SPECIFICATIONS, TERMS AND CONDITIONS, AND OPERATING PROCEDURES AND WILL NOT VIOLATE ANY LAW OF ANY COUNTRY OR THE INTELLECTUAL PROPERTY RIGHTS ASSOCIATED OF ANY THIRD PARTY; (D) MEMBER HAS ONLY TRANSMITTED ACCEPTABLE ITEMS FOR DEPOSIT AND HAS HANDLED THE ORIGINAL ITEMS FOLLOWING TRANSMISSION TO THE BANK AS AGREED, DIRECTED BY WITH THE DATA. THE DATA DELIVERED HEREUNDER WILL BE, TO SOG’S KNOWLEDGE, INFORMATION, BANK AND BELIEF, ACQUIRED AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES APPLICABLE LAW; (E) MEMBER IS A PERSON AUTHORIZED TO ENFORCE EACH ITEM OR IS AUTHORIZED TO OBTAIN PAYMENT OF EACH ITEM ON BEHALF OF A PERSON ENTITLED TO ENFORCE AN ITEM; (F) THE ITEMS HAVE NOT BEEN ALTERED; (G) EACH ITEM BEARS ALL APPLICABLE INDORSEMENTS IN A RESTRICTED FORMAT AS DIRECTED BY THE BANK; (1) THE ELECTRONIC IMAGE PORTION OF EACH ITEM ACCURATELY AND LEGIBLY REPRESENTS ALL OF THE GEOPHYSICAL PROFESSION. HOWEVERINFORMATION ON THE FRONT AND BACK OF THE ORIGINAL CHECK AS OF THE TIME THE ORIGINAL CHECK WAS TRUNCATED, EACH COMPANY ACKNOWLEDGES IT IS ACCEPTING (2) THE INFORMATION PORTION OF THE ITEM CONTAINS A RECORD OF ALL DATA SUBJECT TO THIS LICENSE AGREEMENT “AS IS” APPLICABLE MICR-­‐LINE INFORMATION REQUIRED FOR A SUBSTITUTE CHECK, AND SOG MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT (3) THE ITEM CONFORMS TO THE ACCURACY TECHNICAL STANDARDS FOR AN ELECTRONIC ITEM AS SPECIFIED BY THE BANK FROM TIME TO TIME; (J) MEMBER WILL SUBMIT ONLY ONE ACCURATE AND CLEAR IMAGE OF THE FRONT AND BACK OF EACH ITEM TO THE BANK ONLY ONE TIME; (K) MEMBER WILL NOT DEPOSIT THE ORIGINAL ITEM AND NO PERSON WILL RECEIVE A TRANSFER, PRESENTMENT, OR USEFULNESS RETURN OF, OR OTHERWISE BE CHARGED FOR, THE ITEM (EITHER THE ORIGINAL ITEM, OR A PAPER OR ELECTRONIC REPRESENTATION OF THE ORIGINAL ITEM) SUCH DATA THAT THE PERSON WILL BE ASKED TO MAKE PAYMENT BASED ON AN ITEM IT HAS ALREADY PAID; (L) THE AMOUNT OF AN ITEM ENTERED BY MEMBER OR ANY AUTHORIZED USER FOR TRANSMISSION TO THE BANK IS ACCURATE; AND (M) MEMBER AND ANY IMPLIED WARRANTIES AUTHORIZED USERS WILL NOT (1) SELL, LEASE, DISTRIBUTE, LICENSE OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. SUCH DATA IS DELIVERED HEREUNDER WITH SUBLICENSE THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY THAT ANY ACTION TAKEN TECHNOLOGY OR EXPENDITURE MADE BY SUCH COMPANY OR ANY PERSON OR ENTITY PERMITTED ACCESS TO THE DATA IN ACCORDANCE WITH THIS LICENSE WILL BE AT SUCH PARTY’S SOLE RISK AND NEITHER COMPANY NOR ANY OTHER SUCH PARTY WILL HAVE ANY CLAIM AGAINST AND EACH HEREBY RELEASES SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOF, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN OR IN THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUAL, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR IN THE SERVICES AGREEMENT, SOG SHALL NOT BE LIABLE TO A COMPANY OR ANY OTHER PARTY FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF SUCH COMPANY’S OR ANY OTHER PARTY’S POSSESSION, CONTROL OR USE OF THE DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT OR BUSINESS INTERRUPTION, HOWEVER SAME MAY BE CAUSED. Geophysical Seismic Date Use LicenseSERVICES;

Appears in 1 contract

Samples: Deposit Services Disclosure and Agreement

Warranties and Disclaimers. SOG MEMBER XXXXXXXX. MEMBER REPRESENTS AND WARRANTS THAT IT OWNS OR CONTROLS TO THE OWNERSHIP RIGHTS IN BANK: (A) MEMBER HAS THE DATA GRANTED IN AUTHORITY TO ENTER INTO THIS LICENSE AGREEMENT AND HAS FULL AUTHORITY PERFORM ITS OBLIGATIONS HEREUNDER AND POWER TO GRANT ALL INFORMATION SUPPLIED BY MEMBER TO THE COMPANIES BANK IS ACCURATE AND TRUE.; (B) MEMBER WILL PROVIDE ALL REASONABLE ASSISTANCE TO THE DATA BANK AND ITS SUBCONTRACTORS IN PROVIDING THE SERVICES SET FORTH HEREIN; (C) MEMBER AND ANY AUTHORIZED USERS WILL ONLY USE RIGHTSTHE SERVICES FOR LAWFUL PURPOSES AND IN COMPLIANCE WITH ALL APPLICABLE RULES AND REGULATIONS AND WITH THE BANK’S REASONABLE INSTRUCTIONS, INCLUDING RULES, POLICIES, SPECIFICATIONS, TERMS AND CONDITIONS, AND OPERATING PROCEDURES AND WILL NOT VIOLATE ANY LAW OF ANY COUNTRY OR THE INTELLECTUAL PROPERTY RIGHTS ASSOCIATED OF ANY THIRD PARTY; (D) MEMBER HAS ONLY TRANSMITTED ACCEPTABLE ITEMS FOR DEPOSIT AND HAS HANDLED THE ORIGINAL ITEMS FOLLOWING TRANSMISSION TO THE BANK AS AGREED, DIRECTED BY WITH THE DATA. THE DATA DELIVERED HEREUNDER WILL BE, TO SOG’S KNOWLEDGE, INFORMATION, BANK AND BELIEF, ACQUIRED AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES APPLICABLE LAW; (E) MEMBER IS A PERSON AUTHORIZED TO ENFORCE EACH ITEM OR IS AUTHORIZED TO OBTAIN PAYMENT OF EACH ITEM ON BEHALF OF A PERSON ENTITLED TO ENFORCE AN ITEM; (F) THE ITEMS HAVE NOT BEEN ALTERED; (G) EACH ITEM BEARS ALL APPLICABLE INDORSEMENTS IN A RESTRICTED FORMAT AS DIRECTED BY THE BANK; (1) THE ELECTRONIC IMAGE PORTION OF EACH ITEM ACCURATELY AND LEGIBLY REPRESENTS ALL OF THE GEOPHYSICAL PROFESSION. HOWEVERINFORMATION ON THE FRONT AND BACK OF THE ORIGINAL CHECK AS OF THE TIME THE ORIGINAL CHECK WAS TRUNCATED, EACH COMPANY ACKNOWLEDGES IT IS ACCEPTING (2) THE INFORMATION PORTION OF THE ITEM CONTAINS A RECORD OF ALL DATA SUBJECT TO THIS LICENSE AGREEMENT “AS IS” APPLICABLE MICR-­‐LINE INFORMATION REQUIRED FOR A SUBSTITUTE CHECK, AND SOG MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT (3) THE ITEM CONFORMS TO THE ACCURACY TECHNICAL STANDARDS FOR AN ELECTRONIC ITEM AS SPECIFIED BY THE BANK FROM TIME TO TIME; (J) MEMBER WILL SUBMIT ONLY ONE ACCURATE AND CLEAR IMAGE OF THE FRONT AND BACK OF EACH ITEM TO THE BANK ONLY ONE TIME; (K) MEMBER WILL NOT DEPOSIT THE ORIGINAL ITEM AND NO PERSON WILL RECEIVE A TRANSFER, PRESENTMENT, OR USEFULNESS RETURN OF, OR OTHERWISE BE CHARGED FOR, THE ITEM (EITHER THE ORIGINAL ITEM, OR A PAPER OR ELECTRONIC REPRESENTATION OF THE ORIGINAL ITEM) SUCH DATA THAT THE PERSON WILL BE ASKED TO MAKE PAYMENT BASED ON AN ITEM IT HAS ALREADY PAID; (L) THE AMOUNT OF AN ITEM ENTERED BY MEMBER OR ANY AUTHORIZED USER FOR TRANSMISSION TO THE BANK IS ACCURATE; AND (M) MEMBER AND ANY IMPLIED WARRANTIES AUTHORIZED USERS WILL NOT (1) SELL, LEASE, DISTRIBUTE, LICENSE OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. SUCH DATA IS DELIVERED HEREUNDER WITH SUBLICENSE THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY THAT ANY ACTION TAKEN TECHNOLOGY OR EXPENDITURE MADE BY SUCH COMPANY OR ANY PERSON OR ENTITY PERMITTED ACCESS TO THE DATA IN ACCORDANCE WITH THIS LICENSE WILL BE AT SUCH PARTY’S SOLE RISK AND NEITHER COMPANY NOR ANY OTHER SUCH PARTY WILL HAVE ANY CLAIM AGAINST AND EACH HEREBY RELEASES SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOF, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN OR IN THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUAL, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR IN THE SERVICES AGREEMENT, SOG SHALL NOT BE LIABLE TO A COMPANY OR ANY OTHER PARTY FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF SUCH COMPANY’S OR ANY OTHER PARTY’S POSSESSION, CONTROL OR USE OF THE DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT OR BUSINESS INTERRUPTION, HOWEVER SAME MAY BE CAUSED. Geophysical Seismic Date Use LicenseSERVICES;

Appears in 1 contract

Samples: Deposit Services Disclosure and Agreement

Warranties and Disclaimers. SOG WARRANTS THAT IT OWNS ‌ Reseller understands Mezine will make commercially reasonable efforts in providing quality service. Reseller expressly agrees that: ITS USE AND ANY USERS USE OF SERVICES AND TECHNOLOGY OFFERED BY MEZINE IS AT ITS OR CONTROLS THE OWNERSHIP RIGHTS IN THE DATA GRANTED IN THIS LICENSE AGREEMENT THEIR OWN SOLE RISK. MEZINE SERVICES AND HAS FULL AUTHORITY AND POWER TO GRANT TO THE COMPANIES THE DATA USE RIGHTS, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH THE DATA. THE DATA DELIVERED HEREUNDER WILL BE, TO SOG’S KNOWLEDGE, INFORMATION, AND BELIEF, ACQUIRED AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES OF THE GEOPHYSICAL PROFESSION. HOWEVER, EACH COMPANY ACKNOWLEDGES IT IS ACCEPTING ALL DATA SUBJECT TO THIS LICENSE AGREEMENT TECHNOLOGY ARE PROVIDED ON AN “AS IS” AND SOG “AS AVAILABLE” BASIS. MEZINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; MEZINE MAKES NO REPRESENTATION OR WARRANTYWARRANTY THAT: THE MEZINE SERVICES WILL BE UNINTERRUPTED, EXPRESS TIMELY, SECURE, OR IMPLIEDERROR-FREE, WITH RESPECT TO THE ACCURACY RESULTS THAT MAY BE OBTAINED FROM THE USE OF MEZINE SERVICES WILL BE ACCURATE OR USEFULNESS RELIABLE, THE QUALITY OF SUCH DATA AND ANY IMPLIED WARRANTIES PRODUCTS, MEZINE SERVICES, INFORMATION, OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. SUCH DATA IS DELIVERED HEREUNDER WITH OTHER MATERIAL PURCHASED OR OBTAINED BY RESELLER THROUGH THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY MEZINE SERVICES WILL MEET ITS OR THEIR EXPECTATIONS, OR THAT ANY ACTION TAKEN OR EXPENDITURE MADE BY SUCH COMPANY OR ANY PERSON OR ENTITY PERMITTED ACCESS TO THE DATA ERRORS IN ACCORDANCE WITH THIS LICENSE MEZINE TECHNOLOGY WILL BE AT SUCH PARTY’S SOLE RISK AND NEITHER COMPANY NOR CORRECTED. ANY OTHER SUCH PARTY WILL HAVE ANY CLAIM AGAINST AND EACH HEREBY RELEASES SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOF, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN MATERIAL DOWNLOADED OR IN OTHERWISE OBTAINED THROUGH THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUAL, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR IN THE SERVICES AGREEMENT, SOG SHALL NOT BE LIABLE TO A COMPANY OR ANY OTHER PARTY FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF SUCH COMPANY’S OR ANY OTHER PARTY’S POSSESSION, CONTROL OR USE OF THE DATA, INCLUDING, WITHOUT LIMITATION, WEBSITEDYNAMICS TECHNOLOGY IS DONE SO AT RESELLER’S AND USER’S DISCRETION AND RISK AND RESELLER AND USERS WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF PROFIT DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND NO ADVICE OR BUSINESS INTERRUPTIONINFORMATION, HOWEVER SAME MAY BE CAUSED. Geophysical Seismic Date Use LicenseWHETHER ORAL OR WRITTEN, OBTAINED BY RESELLER THROUGH OR FROM MEZINE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Appears in 1 contract

Samples: Agreement

Warranties and Disclaimers. SOG WARRANTS 15.1. THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THESE TERMS. YOU ACKNOWLEDGE THAT IT OWNS OR CONTROLS THE OWNERSHIP RIGHTS IN THE DATA GRANTED IN THIS LICENSE AGREEMENT AND HAS FULL AUTHORITY AND POWER TO GRANT YOU ARE USING Xxxx.Xxxx AT YOUR SOLE RISK. TO THE COMPANIES FULLEST EXTENT ALLOWED BY THE DATA USE RIGHTSAPPLICABLE LAW, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH THE DATA. THE DATA DELIVERED HEREUNDER WILL BE, TO SOG’S KNOWLEDGE, INFORMATION, Xxxx.Xxxx SERVICES AND BELIEF, ACQUIRED AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES OF THE GEOPHYSICAL PROFESSION. HOWEVER, EACH COMPANY ACKNOWLEDGES IT IS ACCEPTING ALL DATA SUBJECT TO THIS LICENSE AGREEMENT PRODUCTS ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND SOG MAKES NO REPRESENTATION OR WARRANTY“AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR WHETHER EXPRESS, IMPLIED, WITH RESPECT STATUTORY, OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS THOSE OF SUCH DATA AND ANY IMPLIED WARRANTIES OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. SUCH DATA IS DELIVERED HEREUNDER WITH THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY THAT ANY ACTION TAKEN OR EXPENDITURE MADE BY SUCH COMPANY OR ANY PERSON OR ENTITY PERMITTED ACCESS TO THE DATA IN ACCORDANCE WITH THIS LICENSE WILL BE AT SUCH PARTY’S SOLE RISK AND NEITHER COMPANY NOR ANY OTHER SUCH PARTY WILL HAVE ANY CLAIM AGAINST AND EACH HEREBY RELEASES SOG FROM ANY LIABILITY AS MERCHANTABILITY, FITNESS FOR A CONSEQUENCE THEREOFPARTICULAR PURPOSE, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN OR IN THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUALTITLE, CORPORATIONACCURACY, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR IN THE SERVICES AGREEMENTCOMPLETENESS, SOG SHALL NOT BE LIABLE TO A COMPANY RELIABILITY, NON-INFRINGEMENT, OR ANY OTHER PARTY FOR PUNITIVEWARRANTY, INDIRECTCONDITION, INCIDENTAL GUARANTEE OR CONSEQUENTIAL DAMAGES RESULTING FROM REPRESENTATION, WHETHER ORAL, IN WRITING OR ARISING OUT OF SUCH COMPANY’S OR ANY OTHER PARTY’S POSSESSION, CONTROL IN ELECTRONIC FORM. SPAN DOES NOT WARRANT THAT ACCESS TO OR USE OF THE Xxxx.Xxxx WILL FUNCTION WITHOUT INTERRUPTION, WILL MEET YOUR REQUIREMENTS. SPAN CAN’T GUARANTEE (CONCERNING THIRD PARTIES ACTIONS) BUT WILL DO IT’S BEST TO ENSURE THAT USE OF Xxxx.Xxxx, SERVICES AND PRODUCTS IS FREE OF MALICIOUS CODE OR THAT IT IS FREE OF ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF Xxxx.Xxxx. YOU ARE ADVISED TO SAFEGUARD YOUR DATA, INCLUDING, WITHOUT LIMITATION, LOSS TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF PROFIT THE SERVICE AND/OR BUSINESS INTERRUPTION, HOWEVER SAME MAY BE CAUSED. Geophysical Seismic Date Use LicenseACCOMPANYING MATERIALS.

Appears in 1 contract

Samples: cdn.span.zone

Warranties and Disclaimers. SOG WARRANTS THAT IT OWNS OR CONTROLS USE OF THE OWNERSHIP RIGHTS IN THE DATA GRANTED IN THIS LICENSE AGREEMENT AND HAS FULL AUTHORITY AND POWER TO GRANT TO THE COMPANIES THE DATA USE RIGHTS, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH THE DATAAD SERVICES IS AT ADVERTISER’S SOLE RISK. THE DATA DELIVERED HEREUNDER WILL BE, TO SOG’S KNOWLEDGE, INFORMATION, AD SERVICES AND BELIEF, ACQUIRED AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES OF THE GEOPHYSICAL PROFESSION. HOWEVER, EACH COMPANY ACKNOWLEDGES IT IS ACCEPTING ALL DATA SUBJECT TO THIS LICENSE AGREEMENT SITES ARE PROVIDED ON AN “AS IS”, “WHERE IS” AND SOG MAKES NO REPRESENTATION OR WARRANTY“AS AVAILABLE” BASIS. TO THE FULLEST EXTENT ALLOWED BY LAW, SITE OPERATORS AND THEIR OFFICERS, AGENTS, EMPLOYEES, AFFILIATES, SUCCESSORS AND ASSIGNS (THE “SGWS PARTIES”): (a) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO INCLUDING, BUT NOT LIMITED TO, THE ACCURACY OR USEFULNESS IMPLIED WARRANTIES OF SUCH DATA FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. SUCH DATA IS DELIVERED HEREUNDER WITH THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY THAT ANY ACTION TAKEN OR EXPENDITURE MADE BY SUCH COMPANY OR ANY PERSON OR ENTITY PERMITTED ACCESS TO THE DATA IN ACCORDANCE WITH THIS LICENSE WILL BE AT SUCH PARTY’S SOLE RISK AND NEITHER COMPANY NOR ANY OTHER SUCH PARTY WILL HAVE ANY CLAIM AGAINST AND EACH HEREBY RELEASES SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOF, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN OR IN THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUAL, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR IN THE SERVICES AGREEMENT, SOG SHALL NOT BE LIABLE TO A COMPANY OR ANY OTHER PARTY FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF SUCH COMPANY’S ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. SGWS PARTIES ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR ALTERATION OF, OR UNAUTHORIZED ACCESS TO, THE AD SERVICES OR ANY OTHER PARTY’S POSSESSION, CONTROL USER COMMUNICATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DATA, INCLUDING, WITHOUT LIMITATION, AD SERVICES IS DONE AT ADVERTISER’S OWN DISCRETION AND RISK AND ADVERTISER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR LOSS OF PROFIT DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO INFORMATION, WHETHER ORAL OR BUSINESS INTERRUPTIONWRITTEN, HOWEVER SAME MAY BE CAUSEDOBTAINED BY ADVERTISER FROM THE SGWS PARTIES OR THROUGH THE AD SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. Geophysical Seismic Date Use LicenseADVERTISER IS NOT RELYING ON ANY REPRESENTATIONS OR STATEMENTS BY SGWS IN ENTERING INTO THIS AGREEMENT OTHER THAN AS MADE IN THIS ADVERTISER AGREEMENT.

Appears in 1 contract

Samples: Advertiser Agreement

Warranties and Disclaimers. SOG WARRANTS THAT IT OWNS OR CONTROLS THE OWNERSHIP RIGHTS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED IN THE DATA GRANTED IN THIS LICENSE AGREEMENT AND HAS FULL AUTHORITY AND POWER TO GRANT TO THE COMPANIES THE DATA USE RIGHTSPORTAL, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH THE DATAMATERIALS, MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. THE DATA DELIVERED HEREUNDER WILL BE, TO SOG’S KNOWLEDGE, INFORMATION, SOFTWARE, PRODUCTS, AND BELIEFSERVICES CONTAINED IN THE SUPPORT PORTAL, ACQUIRED AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES OF INCLUDING THE GEOPHYSICAL PROFESSION. HOWEVERMATERIALS, EACH COMPANY ACKNOWLEDGES IT IS ACCEPTING ALL DATA SUBJECT TO THIS LICENSE AGREEMENT ARE PROVIDED “AS IS” AND SOG MAKES NO REPRESENTATION WITHOUT WARRANTY. POOLWERX DOES NOT WARRANT THAT THE INFORMATION IN THE MATERIALS IS UP TO DATE OR WARRANTYERROR-FREE, EXPRESS NOR DOES IT PROVIDE ANY OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIEDIMPLIED IN LAW, WITH RESPECT TO INCLUDING THE ACCURACY OR USEFULNESS OF SUCH DATA AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR REPRESENTATIONS FITNESS FOR A PARTICULAR PURPOSE. THE MATERIALS ARE HEREBY EXPRESSLY DISCLAIMEDNOT A PROGRAM OR DOCUMENTATION UNDER THE TERMS OF YOUR AGREEMENT(S) WITH POOLWERX. SUCH IN NO EVENT SHALL POOLWERX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA IS DELIVERED HEREUNDER WITH THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY THAT ANY ACTION TAKEN OR EXPENDITURE MADE USE, INCURRED BY SUCH COMPANY YOU OR ANY PERSON THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR ENTITY PERMITTED TORT, ARISING FROM YOUR ACCESS TO TO, OR USE OF, THE DATA IN ACCORDANCE WITH THIS LICENSE WILL BE AT SUCH PARTY’S SOLE RISK AND NEITHER COMPANY NOR ANY OTHER SUCH PARTY WILL HAVE ANY CLAIM AGAINST AND EACH HEREBY RELEASES SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOF, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN OR IN THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUAL, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR IN THE SERVICES AGREEMENT, SOG SHALL NOT BE LIABLE TO A COMPANY PORTAL OR ANY OTHER PARTY FOR PUNITIVEHYPERLINKED WEB SITE. NOTWITHSTANDING THE FOREGOING, INDIRECTPOOLWERX RESPONSE TO SERVICE REQUESTS AND ANY PROGRAM UPDATES DISTRIBUTED THROUGH THE PORTAL ARE SUBJECT TO THE RELEVANT WARRANTIES AND EXCLUSIVE REMEDIES STATED IN THE AGREEMENT BETWEEN YOU AND POOLWERX. POOLWERX RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE PORTAL, INCIDENTAL THE MATERIALS, AND/OR CONSEQUENTIAL DAMAGES RESULTING FROM THE PRODUCTS OR ARISING OUT OF SUCH COMPANY’S OR PROGRAMS DESCRIBED IN THE PORTAL AT ANY OTHER PARTY’S POSSESSION, CONTROL OR USE OF THE DATA, INCLUDING, TIME WITHOUT LIMITATION, LOSS OF PROFIT OR BUSINESS INTERRUPTION, HOWEVER SAME MAY BE CAUSED. Geophysical Seismic Date Use LicenseNOTICE.

Appears in 1 contract

Samples: 4014007.app.netsuite.com

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