Common use of Warranty Disclaimer Clause in Contracts

Warranty Disclaimer. THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “AS IS” AND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENT.

Appears in 7 contracts

Samples: storage.googleapis.com, wiki.carleton.edu, d3ajvuw23j7pxv.cloudfront.net

AutoNDA by SimpleDocs

Warranty Disclaimer. THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “AS IS” AND WITH ALL FAULTS. ADOBE28.1 MICROSOFT, ON BEHALF OF ITSELF, ITS SUPPLIERS SUBSIDIARIES, AFFILIATES, AND CERTIFICATION AUTHORITIES DO NOT SUBSCRIBERS, ACKNOWLEDGES AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWAREAGREES THAT, CERTIFICATE AUTHORITY SERVICES EXCEPT AS OTHERWISE PROVIDED HEREIN, NEITHER WORLDSPAN, ITS PARTNERS, AFFILIATES, NOR ANY SERVICE PROVIDER OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO SUPPLIER OF DATA PROVIDED THROUGH THE EXTENT ANY WARRANTYWORLDSPAN SYSTEM WARRANTS THE ACCURACY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SOFTWARE, DATA OR EQUIPMENT. MICROSOFT FURTHER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS OTHERWISE PROVIDED HEREIN, WORLDSPAN, ITS PARTNERS, AND AFFILIATES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE PARTICIPATION OR IDENTITIES OF TRAVEL SUPPLIERS OR VENDORS IN THE WORLDSPAN SYSTEM. EXCEPT AS OTHERWISE PROVIDED HEREIN, NO WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, ARE MADE BY WORLDSPAN WITH RESPECT TO THE WORLDSPAN SYSTEM OR ANY WORLDSPAN SOFTWARE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENT.

Appears in 7 contracts

Samples: Services and Development Agreement (Worldspan BBN Holdings LLC), Services and Development Agreement (Expedia, Inc.), Services and Development Agreement (Expedia, Inc.)

Warranty Disclaimer. Section 9 discusses your agreement and understanding that the Site and Site Services may not always be available or work perfectly, as detailed below. YOU AGREE NOT TO RELY ON THE SOFTWARE SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND OTHER INFORMATION IS DELIVERED TO YOU THE SITE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. UPWORK MAKES NO REPRESENTATIONS OR WARRANTIES WITH ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT REGARD TO THE EXTENT ANY WARRANTYSITE, CONDITIONTHE SITE SERVICES, REPRESENTATIONWORK PRODUCT, USER CONTENT, OR TERM CANNOT ANY ACTIVITIES OR MAY NOT BE EXCLUDED ITEMS RELATED TO THIS AGREEMENT OR LIMITED THE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTIONLAW, ADOBE UPWORK DISCLAIMS ALL EXPRESS AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR TERMS ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SECTION 13 (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISEAGREEMENT TERM AND TERMINATION) AS STATES USER’S SOLE AND EXCLUSIVE REMEDY AGAINST UPWORK WITH RESPECT TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTSDEFECTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITYNON-CONFORMANCES, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTDISSATISFACTION.

Appears in 6 contracts

Samples: User Agreement, User Agreement, User Agreement

Warranty Disclaimer. THE SOFTWARE LIMITED WARRANTIES DESCRIBED ABOVE IN THIS ARTICLE 6 (LIMITED WARRANTIES) ARE THE ONLY WARRANTIES ANCHORE MAKES WITH RESPECT TO THE PRODUCTS, SOFTWARE, PROFESSIONAL SERVICES, SUPPORT SERVICES, ANCHORE CONFIDENTIAL INFORMATION, AND OTHER INFORMATION IS DELIVERED TO YOU “AS IS” AND WITH ALL FAULTS. ADOBEASPECTS OF THE MASTER AGREEMENT, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWAREAND, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT OF SUCH WARRANTIES, ALL THE FOREGOING ARE PROVIDED “AS-IS” AND “AS-AVAILABLE.” ANCHORE DOES NOT MAKE ANY WARRANTYOTHER WARRANTIES AND REPRESENTATIONS OF ANY KIND, AND HEREBY SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY ANCHORE OR ANYONE ELSE WILL CREATE ANY WARRANTY OR CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE EXCEPT TO YOU THE EXTENT EXPRESSLY STATED IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS MASTER AGREEMENT.

Appears in 4 contracts

Samples: License and Services Agreement, License and Services Agreement, anchore.com

Warranty Disclaimer. Section 9 discusses your agreement and understanding that the Site and Site Services may not always be available or work perfectly, as detailed below. YOU AGREE NOT TO RELY ON THE SOFTWARE SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND OTHER INFORMATION IS DELIVERED TO YOU THE SITE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. UPWORK MAKES NO REPRESENTATIONS OR WARRANTIES WITH ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT REGARD TO THE EXTENT ANY WARRANTYSITE, CONDITIONTHE SITE SERVICES, REPRESENTATIONWORK PRODUCT, OR TERM CANNOT ANY ACTIVITIES OR MAY NOT BE EXCLUDED ITEMS RELATED TO THIS AGREEMENT OR LIMITED THE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTIONLAW, ADOBE UPWORK DISCLAIMS ALL EXPRESS AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR TERMS ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SECTION 14 (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISETERM AND TERMINATION) AS STATES USER’S SOLE AND EXCLUSIVE REMEDY AGAINST UPWORK WITH RESPECT TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTSDEFECTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITYNON-CONFORMANCES, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTDISSATISFACTION.

Appears in 4 contracts

Samples: User Agreement, User Agreement, User Agreement

Warranty Disclaimer. The Smartsheet Properties are provided at no charge as part of the Program. ACCORDINGLY, THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU SMARTSHEET PROPERTIES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT TO THE SMARTSHEET PROPERTIES OR ANY DATA OR CONTENT MADE AVAILABLE THROUGH THE SMARTSHEET PROPERTIES, WHETHER EXPRESS OR IMPLIED, AND WE SPECIFICALLY DISCLAIM ALL FAULTSIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR RESULTS TO BE OBTAINED. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES WE DO NOT AND CANNOT WARRANT THAT THE PERFORMANCE SMARTSHEET PROPERTIES WILL BE ERROR-FREE, OPERATE WITHOUT INTERRUPTIONS OR RESULTS DOWNTIME, OR BE SECURE OR PRIVATE. YOU FURTHER ACKNOWLEDGE THAT WE MAY OBTAIN BY USING MODIFY THE SOFTWARESMARTSHEET PROPERTIES, CERTIFICATE AUTHORITY SERVICES TERMINATE THIS AGREEMENT PURSUANT TO SECTION 10.2, AND/OR OTHER THIRD PARTY OFFERINGS. EXCEPT DISCONTINUE YOUR ACCESS TO THE EXTENT SMARTSHEET PROPERTIES PURSUANT TO SECTION 4.1, AT ANY WARRANTYTIME, CONDITION, REPRESENTATION, AND THAT YOUR SMARTSHEET API APPLICATIONS MAY CEASE TO INTERACT PROPERLY (OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE AT ALL) WITH THE SERVICE AS A RESULT OF SUCH TERMINATION. WE HAVE NO LIABILITY TO YOU OR TO END USERS OF YOUR SMARTSHEET API APPLICATIONS IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, CONNECTION WITH ANY SUCH MODIFICATION OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTTERMINATION.

Appears in 3 contracts

Samples: Smartsheet Developer Program Agreement, Smartsheet Developer Program Agreement, Smartsheet Developer Program Agreement

Warranty Disclaimer. The Prototype may be designated as alpha, beta, development, pre-release, untested, or not fully tested versions of the Prototype. The Prototype may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SOFTWARE PROTOTYPE OR OTHER CONFIDENTIAL INFORMATION IS AT LICENSEE'S SOLE RISK. THE PROTOTYPE AND OTHER CONFIDENTIAL INFORMATION IS DELIVERED TO YOU “ARE PROVIDED "AS IS" AND WITH WITHOUT WARRANTY OF ANY KIND AND 3COM EXPRESSLY DISCLAIMS ALL FAULTS. ADOBEWARRANTIES, ITS SUPPLIERS TERMS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONSINCLUDING, OR BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTEAND CONDITIONS OF MERCHANTABILITY, COMMON LAWFITNESS FOR A PARTICULAR PURPOSE, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, RIGHTS AND SATISFACTORY QUALITY. 3COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROTOTYPE OR OTHER CONFIDENTIAL INFORMATION ARE SUITABLE FOR LICENSEE'S USE OR THAT THE OPERATION OF THE PROTOTYPE OR OTHER CONFIDENTIAL INFORMATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR FITNESS FOR THAT DEFECTS IN THE PROTOTYPE OR OTHER CONFIDENTIAL INFORMATION WILL BE CORRECTED. FURTHERMORE, 3COM DOES NOT WARRANT OR MAKE ANY PARTICULAR PURPOSEREPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROTOTYPE OR OTHER CONFIDENTIAL INFORMATION OR IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY 3COM SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE PROVISIONS SCOPE OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION THIS WARRANTY. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF ANY PORTION OF THE PROTOTYPE OR OTHER CONFIDENTIAL INFORMATION IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. Licensee acknowledges that 3Com may not have publicly announced the availability of the Prototype, HOWSOEVER CAUSEDthat 3Com has not promised or guaranteed to Licensee that such Prototype will be announced or made available to anyone in the future, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTand that 3Com has no express or implied obligation to Licensee to announce or introduce the Prototype or any similar or compatible product, or to continue to offer or support the Prototype in the future.

Appears in 3 contracts

Samples: License and Confidentiality Agreement (Handspring Inc), License and Confidentiality Agreement (Handspring Inc), License and Confidentiality Agreement (Handspring Inc)

Warranty Disclaimer. EXCEPT AS PROVIDED IN SECTION 7.1, THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “PROVIDED "AS IS” AND WITH " WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE IN LAW OR EQUITY, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OTHERWISE FROM A COURSE OF DEALING OR USAGE OF TRADE, ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT OF WHICH ARE SPECIFICALLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, SIDEFX DOES NOT WARRANT THAT: (i) THE SOFTWARE WILL MEET LICENSEE'S NEEDS OR REQUIREMENTS; ii) THE SOFTWARE WILL RUN WITHOUT INTERRUPTION OR BE ERROR FREE; (iii) THE SOFTWARE IS IMPENETRABLE OR OTHERWISE MEETS ANY WARRANTYSECURITY STANDARDS; OR (iv) THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL OPERATE IN ALL COMBINATIONS WHICH MAY BE SELECTED FOR USE BY LICENSEE. FOR PURPOSES OF THIS SECTION 7.2 (BUT NOT FOR PURPOSES OF SECTION 7.1), CONDITIONREFERENCES TO SOFTWARE INCLUDE THE OPEN SOURCE SOFTWARE. SIDEFX MAKES NO REPRESENTATIONS OR WARRANTIES, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE THERE ARE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. REGARDING THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTOPEN SOURCE SOFTWARE.

Appears in 3 contracts

Samples: Effects Software License Agreement, Effects Software License Agreement, Effects Software License Agreement

Warranty Disclaimer. THE SOFTWARE FOREGOING LIMITED WARRANTY IS THE ONLY WARRANTY MADE BY US AND STATES YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH OF WARRANTY. WE MAKE NO OTHER INFORMATION IS DELIVERED TO YOU “AS IS” AND WITH ALL FAULTS. ADOBEWARRANTIES OF ANY KIND, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWAREEXPRESS, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATIONIMPLIED, OR TERM CANNOT OTHERWISE IN ANY COUNTRY OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO RELATED TO OR ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE PROVISION OF THE CLOUD SERVICE UNDER THIS AGREEMENT. THE IMPLIED WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE CLOUD SERVICE AND TECHNICAL SUPPORT AND ANY MATERIALS FURNISHED OR PROVIDED TO YOU UNDER THIS AGREEMENT ARE SPECIFICALLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN ADDITION, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS CLOUD SERVICE AND ANY MATERIALS OR OTHER SERVICES FURNISHED OR PROVIDED TO YOU UNDER THIS AGREEMENT ARE NOT DESIGNED OR INTENDED FOR USE IN THE OPERATION OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENTNUCLEAR FACILITIES, HOWSOEVER CAUSEDAIRCRAFT, BUT THIS SHALL NOT IMPLY WEAPONS SYSTEMS OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTLIFE SUPPORT SYSTEMS.

Appears in 2 contracts

Samples: picturepark.com, www.picturepark.com

Warranty Disclaimer. EXCEPT AS PROVIDED IN SECTION 7.1, THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “PROVIDED "AS IS” AND WITH " WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE IN LAW OR EQUITY, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OTHERWISE FROM A COURSE OF DEALING OR USAGE OF TRADE, ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT OF WHICH ARE SPECIFICALLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, SIDEFX DOES NOT WARRANT THAT: (i) THE SOFTWARE WILL MEET LICENSEE'S NEEDS OR REQUIREMENTS; (ii) THE SOFTWARE WILL RUN WITHOUT INTERRUPTION OR BE ERROR FREE; (iii) THE SOFTWARE IS IMPENETRABLE OR OTHERWISE MEETS ANY WARRANTYSECURITY STANDARDS; OR (iv) THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL OPERATE IN ALL COMBINATIONS WHICH MAY BE SELECTED FOR USE BY LICENSEE. FOR PURPOSES OF THIS SECTION 7.2 (BUT NOT FOR PURPOSES OF SECTION 7.1), CONDITIONREFERENCES TO SOFTWARE INCLUDE THE OPEN SOURCE SOFTWARE. SIDEFX MAKES NO REPRESENTATIONS OR WARRANTIES, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE THERE ARE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. REGARDING THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTOPEN SOURCE SOFTWARE.

Appears in 2 contracts

Samples: Effects Software License Agreement, Effects Software License Agreement

Warranty Disclaimer. 10.1. CYBERBIT PROVIDES THE SOFTWARE SERVICES AND OTHER INFORMATION IS DELIVERED TO YOU DOCUMENTATION “AS IS” AND WITH ALL FAULTSYOUR USE THEREOF IS AT YOUR OWN RISK. ADOBECYBERBIT, ITS SUPPLIERS LICENSORS AND CERTIFICATION AUTHORITIES AFFILIATES DO NOT MAKE, AND CANNOT WARRANT THE PERFORMANCE HEREBY DISCLAIM, ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARESTATUTORY, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO ANY PERSON, WITH RESPECT TO THE EXTENT PRODUCT AND/OR THE SERVICES AND/OR THE SOFTWARE AND/OR ANY WARRANTYRELATED DOCUMENTATION AND/OR LICENSES AND/OR ANY RESULTS FROM THE USE OF THE SERVICES, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT LIMITATION, IMPLIED WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATIONFITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OF THE SERVICES, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND TITLE, SATISFACTORY QUALITY, SUITABILITY, ACCURACY OR FITNESS FOR ANY PARTICULAR PURPOSECOMPLETENESS. CYBERBIT ALSO MAKES NO WARRANTY REGARDING NON-INTERRUPTION OF USE OR FREEDOM FROM BUGS, VIRUSES, NON-INTRUSION DUE TO HACKING OR OTHER SIMILAR MEANS OF UNAUTHORIZED ACCESS OR UNINTERRUPTED OR ERROR-FREE OPERATION OF THE PROVISIONS OF SECTIONS 1.1 SERVICES. YOU ACKNOWLEDGE AND 10 SHALL SURVIVE AGREE THAT THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SERVICES MAY NOT REFLECT REAL-WORLD SITUATION(S) AND SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTBE RELIED UPON AS ADVICE.

Appears in 2 contracts

Samples: Terms of Use Agreement, Terms of Use Agreement

Warranty Disclaimer. (a) THE SOFTWARE DIGITAL CONTENT AND OTHER INFORMATION IS DELIVERED SUPPLEMENTAL MATERIALS ARE PROVIDED TO YOU LICENSEE “AS IS” AND WITH ALL FAULTSFAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. ADOBETO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR, ON ITS SUPPLIERS OWN BEHALF AND CERTIFICATION AUTHORITIES DO NOT ON BEHALF OF ITS SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE DIGITAL CONTENT AND CANNOT WARRANT SUPPLEMENTAL MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE LICENSED DIGITAL CONTENT AND SUPPLEMENTAL MATERIALS WILL MEET THE LICENSEE’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES RELIABILITY STANDARDS OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATIONBE ERROR FREE, OR TERM CANNOT THAT ANY ERRORS OR MAY NOT DEFECTS CAN OR WILL BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTCORRECTED.

Appears in 2 contracts

Samples: Content License Agreement, Content License Agreement

Warranty Disclaimer. THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “EXCEPT AS IS” AND WITH ALL FAULTS. ADOBESPECIFICALLY SET FORTH ABOVE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE NOKIA AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES LICENSORS MAKE NO WARRANTIES WARRANTIES, CONDITIONS, REPRESENTATIONSREPRESENTATION OR TERMS, OR TERMS (EXPRESS OR IMPLIED IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) OTHERWISE AS TO THE PRODUCT OR ANY MATTER COMPONENT THEREOF, INCLUDING WITHOUT LIMITATION NONINFRINGEMENT BUT NOT LIMITED TO NON- INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. NOKIA AND ITS LICENSORS DO NOT WARRANT THE PROVISIONS PERFORMANCE OR RESULT OF SECTIONS 1.1 THE PRODUCT. THE SOLE REMEDY UNDER THIS WARRANTY SHALL BE THE REPAIR, REPLACEMENT, OR CREDIT FOR DEFECTIVE PARTS AS STATED ABOVE. THIS WARRANTY IS THE SOLE WARRANTY GIVEN BY NOKIA AND 10 SHALL SURVIVE IS IN LIEU OF ANY OTHER WARRANTIES EITHER EXPRESS OR IMPLIED. THIS WARRANTY EXTENDS TO THE TERMINATION BUYER AND IS NON-TRANSFERABLE TO OTHER THIRD PARTIES. NOKIA WILL NOT BE LIABLE FOR ANY PROPERTY DAMAGE, LOST TIME, OR LOST DATA RESULTING FROM THE FAILURE OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY ANY PRODUCT OR CREATE ANY CONTINUED RIGHT EQUIPMENT OR FROM DELAYS IN SERVICE OR THE INABILITY TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTRENDER SERVICE.

Appears in 2 contracts

Samples: docs.ozo.nokia.com, docs.ozo.nokia.com

Warranty Disclaimer. THE WARRANTY SET OUT IN CLAUSE [8.1] IS THE SOLE AND EXCLUSIVE WARRANTY IN RELATION TO THE SOFTWARE AND ANY OTHER INFORMATION IS DELIVERED TO YOU “AS IS” AND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS WARRANTIES ARE EXCLUDED (INCLUDING BUT NOT LIMITED TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT WARRANTIES, OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY A PARTICULAR PURPOSE, OR SUITABILITY FOR LICENSEE’S REQUIREMENTS). WITHOUT LIMITING THE FOREGOING, NUIX DOES NOT WARRANT THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR THAT ANY USE OF THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED OR THAT THE SOFTWARE WILL DETECT OR CORRECT ANY THREATS OR HARMFUL COMPONENTS. THE PROVISIONS SOFTWARE IS PROVIDED TO LICENSEE ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS AND FOR COMMERCIAL USE ONLY. LICENSEE IS RESPONSIBLE FOR DETERMINING WHETHER ANY INFORMATION GENERATED FROM USE OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTIS ACCURATE AND SUFFICIENT FOR LICENSEE’S PURPOSES.

Appears in 2 contracts

Samples: Nuix End User Licence Agreement, Nuix End User License Agreement

Warranty Disclaimer. Except for the limited warranty set forth herein, THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “HARDWARE ARE PROVIDED "AS IS" AND WITH ALL FAULTSXXXXXXXX MAKES NO WARRANTY AS TO THEIR USE OR PERFORMANCE. ADOBEEXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, XXXXXXXX, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY AUTHORIZED PARTNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING INCLUDING, WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTSLIMITATION, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR ANY A PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTTO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, XXXXXXXX MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS.

Appears in 2 contracts

Samples: User License Agreement, User License Agreement

Warranty Disclaimer. THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “AS IS” AND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS SUPPLIERS, AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES SERVICES, OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT THAT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE USAGE, OR OTHERWISE) AS TO ANY MATTER MATTER, INCLUDING WITHOUT LIMITATION NONINFRINGEMENT NON- INFRINGEMENT OF THIRD THIRD-PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENT.

Appears in 1 contract

Samples: www.slackware.com

Warranty Disclaimer. Except for the limited warranty set forth herein, THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “PROVIDED "AS IS" AND WITH ALL FAULTSMCAFEE MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. ADOBEEXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. MCAFEE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING INCLUDING, WITHOUT LIMITATION LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR ANY A PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTTO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, MCAFEE MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimer. EXCEPT AS EXPRESSLY REPRESENTED IN THIS AGREEMENT, THE SOFTWARE iMAPDATA SYSTEM AND OTHER INFORMATION IS DELIVERED TO YOU THE iMAPDATA DATA ARE PROVIDED “AS IS” AND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS "AS AVAILABLE," AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE iMAPDATA AND ITS SUPPLIERS LICENSORS DISCLAIM ANY AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONSALL OTHER WARRANTIES, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WHETHER BY STATUTEWARRANTIES OF TITLE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTSNON-INFRINGEMENT, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY A PARTICULAR PURPOSE. iMAPDATA AND ITS THIRD PARTY LICENSORS DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE PROVISIONS USE, OR THE RESULTS OF SECTIONS 1.1 THE USE, OF THE iMAPDATA SYSTEM OR iMAPDATA DATA (AND 10 SHALL SURVIVE ANY ASSOCIATED INFORMATION, PROGRAMS, PRODUCTS, AND MATERIALS), SERVICES, AND/OR SUPPORT IN TERMS OF SUITABILITY, ACCURACY, TIMELINESS, RELIABILITY, CURRENTNESS, COMPLETENESS, FUNCTIONALITY, INTENDED PURPOSE, OR OTHERWISE. iMAPDATA DOES NOT REPRESENT OR WARRANT THAT THE TERMINATION OF THIS AGREEMENTiMAPDATA SYSTEM WILL OPERATE ERROR-FREE, HOWSOEVER CAUSEDUNINTERRUPTED, BUT THIS OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. MOREOVER, iMAPDATA SHALL NOT IMPLY BE RESPONSIBLE FOR ANY UNAUTHORIZED USE OF OR CREATE ANY CONTINUED RIGHT ACCESS TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTiMAPDATA SYSTEM.

Appears in 1 contract

Samples: Application Service Provider Agreement

Warranty Disclaimer. AS PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN OUR WARRANTY POLICY LUXOTTICA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SOFTWARE WEBSITE OR ANY GOODS PURCHASED BY YOU THROUGH THE WEBSITE FOR ANY PURPOSE AND OTHER INFORMATION IS DELIVERED TO YOU EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS INCLUDING, WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT, AND DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS AND PROVIDES SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND “WITH ALL FAULTS” BASIS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR SOME LAWS MAY NOT BE EXCLUDED PERMIT CERTAIN DISCLAIMERS SO SOME OR LIMITED BY LAW APPLICABLE ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTYOU.

Appears in 1 contract

Samples: As Available

AutoNDA by SimpleDocs

Warranty Disclaimer. EXCEPT AS PROVIDED IN SECTIONS 4.2 (WITH RESPECT TO PROFESSIONAL SERVICES) AND 9.1 (WITH RESPECT TO THE SOFTWARE SOFTWARE), THE SOFTWARE, SUPPORT SERVICES AND OTHER INFORMATION IS DELIVERED TO YOU PROFESSIONAL SERVICES ARE PROVIDED “AS IS” AND WITH WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE IN LAW OR EQUITY, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON- INFRINGEMENT, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OTHERWISE FROM A COURSE OF DEALING OR USAGE OF TRADE, ALL FAULTSOF WHICH ARE SPECIFICALLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. ADOBEWITHOUT LIMITING THE FOREGOING, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO CLOUDFABRIX DOES NOT AND CANNOT WARRANT THAT: (i) THE PERFORMANCE SOFTWARE WILL MEET LICENSEE’S NEEDS OR RESULTS YOU MAY OBTAIN BY USING REQUIREMENTS; (ii) THE SOFTWARESOFTWARE WILL RUN WITHOUT INTERRUPTION OR BE ERROR FREE; OR (iii) THE SOFTWARE IS IMPENETRABLE OR OTHERWISE MEETS ANY SECURITY STANDARDS. FOR PURPOSES OF THIS SECTION 9.2 (BUT NOT FOR PURPOSES OF SECTION 9.1), CERTIFICATE AUTHORITY SERVICES OR OTHER REFERENCES TO THE SOFTWARE INCLUDE THE THIRD PARTY OFFERINGSSOFTWARE. EXCEPT TO THE EXTENT ANY WARRANTYCLOUDFABRIX MAKES NO REPRESENTATIONS OR WARRANTIES, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE THERE ARE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF REGARDING THE THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTSOFTWARE.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimer. THE WARRANTIES SET FORTH IN THIS SECTION 7 STATE THE LICENSOR'S SOLE AND EXCLUSIVE WARRANTIES TO YOU AND ANY THIRD PARTY CONCERNING THE SOFTWARE AND OTHER INFORMATION THE EXCLUSIVE REMEDY FOR BREACH OF WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 7(a), THE SOFTWARE IS DELIVERED TO YOU “PROVIDED STRICTLY "AS IS," AND WITH ALL FAULTS. ADOBELICENSOR MAKES NO ADDITIONAL WARRANTIES, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWAREUSAGE OF TRADE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT STATUTORY, AS TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, SOFTWARE OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT WHATSOEVER. IN PARTICULAR, ANY AND ALL WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY EXCLUDED. THESE IN 7(a) WARRANTIES ARE LIMITED WARRANTIES AND ARE THE PROVISIONS ONLY WARRANTIES MADE BY LICENSOR. LICENSOR DOES NOT WARRANT THAT THE OPERATION OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTWILL BE ERROR FREE OR UNINTERRUPTED, THAT THE SOFTWARE WILL MEET YOUR PARTICULAR NEEDS OR ANY PRODUCT UTILIZING THE SOFTWARE WILL BE IMMUNE FROM UNLAWFUL OR UNAUTHORIZED ACCESS OR USE BY THIRD PARTIES.

Appears in 1 contract

Samples: User License Agreement

Warranty Disclaimer. The Software may be designated as alpha, beta, development, prerelease, untested, or not fully tested versions of the Software. The Software may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. DEVELOPER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SOFTWARE OR OTHER CONFIDENTIAL INFORMATION IS AT DEVELOPER’S SOLE RISK. THE SOFTWARE AND OTHER CONFIDENTIAL INFORMATION IS DELIVERED TO YOU ARE PROVIDED “AS IS” AND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS WITHOUT WARRANTY OF ANY KIND AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE [LICENSEE NAME] AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, TERMS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONSINCLUDING, OR BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTEAND CONDITIONS OF MERCHANTABILITY, COMMON LAWFITNESS FOR A PARTICULAR PURPOSE, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, AND SATISFACTORY QUALITY. NEITHER [LICENSEE NAME] NOR ITS SUPPLIERS WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR OTHER CONFIDENTIAL INFORMATION ARE PALMSOURCE AND PALMONE CONFIDENTIAL ROM IMAGE LICENSE SUITABLE FOR DEVELOPER’S USE OR THAT THE OPERATION OF THE SOFTWARE OR OTHER CONFIDENTIAL INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE, OR FITNESS FOR THAT DEFECTS IN THE SOFTWARE OR OTHER CONFIDENTIAL INFORMATION WILL BE CORRECTED. FURTHERMORE, NEITHER [LICENSEE NAME] NOR ITS SUPPLIERS WARRANTS OR MAKES ANY PARTICULAR PURPOSEREPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR OTHER CONFIDENTIAL INFORMATION OR IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY [LICENSEE NAME] SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE PROVISIONS SCOPE OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION THIS WARRANTY. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE . NO USE OF ANY CONTINUED RIGHT TO USE PORTION OF THE SOFTWARE AFTER TERMINATION OF OR OTHER CONFIDENTIAL INFORMATION IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS AGREEMENTDISCLAIMER. Developer acknowledges that [Licensee Name] or its suppliers may not have publicly announced the availability of the Software, that [Licensee Name] has not promised or guaranteed to Developer that such Software will be announced or made available to anyone in the future, and that [Licensee Name] has no express or implied obligation to Developer to announce or introduce the Software or any similar or compatible product, or to continue to offer or support the Software in the future.

Appears in 1 contract

Samples: Software License Agreement (Palmsource Inc)

Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE, PROSIMO AND ITS SUPPLIERS MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO THE SOFTWARE OR TO PROSIMO’S MAINTENANCE, PROFESSIONAL OR OTHER SERVICES. PROSIMO SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND OTHER INFORMATION IS DELIVERED TO YOU NON-INFRINGEMENT. PROSIMO AND ITS SUPPLIERS AND LICENSORS DO NOT WARRANT OR REPRESENT THAT THE SOFTWARE WILL BE FREE FROM BUGS,THAT ITS USE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT IT WILL FULFILL LICENSEE’S EXPECTATIONS AND NEEDS. THIS DISCLAIMER SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. EXCEPT AS STATED ABOVE, PROSIMO AND ITS SUPPLIERS PROVIDE THE SOFTWARE ON AN “AS IS” AND BASIS. PROSIMO PROVIDES NO WARRANTIES WITH ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER RESPECT TO THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE SOFTWARE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTOPEN SOURCE SOFTWARE.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimer. Customer acknowledges receipt of the Vehicle in good and satisfactory condition. Xxxxxxx Leasing IS NOT A SUPPLIER OR MANUFACTURER (AS SUCH TERMS ARE DEFINED OR USED IN THE SOFTWARE AND OTHER INFORMATION UNIFORM COMMERCIAL CODE). THE VEHICLE IS DELIVERED TO YOU LEASED UNDER THIS AGREEMENT “AS IS”, AND Xxxxxxx Leasing HAS NOT MADE, AND HEREBY DISCLAIMS LIABILITY FOR, AND CUSTOMER HEREBY WAIVES ALL RIGHTS AGAINST Xxxxxxx Leasing RELATING TO, ANY AND ALL WARRANTIES, REPRESENTATIONS OR OBLIGATIONS OF ANY KIND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT RESPECT TO THE EXTENT VEHICLE, EITHER EXPRESS OR IMPLIED, ARISING BY APPLICABLE LAW OR OTHERWISE, INCLUDING ANY WARRANTYOF THE SAME RELATING TO (a) MERCHANTABILITY OR FITNESS FOR PARTICULAR USE OR PURPOSE, (b) COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OR TRADE, OR (c) TORT (WHETHER OR NOT ARISING FROM THE ACTUAL, IMPLIED OR IMPUTED NEGLIGENCE OF Xxxxxxx Leasing OR STRICT LIABILITY) WITH RESPECT TO THE VEHICLE, INCLUDING ITS TITLE OR FREEDOM FROM LIENS, FREEDOM FROM TRADEMARK, PATENT OR COPYRIGHT INFRINGEMENT, FREEDOM FROM LATENT DEFECTS (WHETHER OR NOT DISCOVERABLE), CONDITION, REPRESENTATIONMANUFACTURE, DESIGN, SERVICING OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW COMPLIANCE WITH APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENT.

Appears in 1 contract

Samples: gleasonleasing.com

Warranty Disclaimer. Except for the limited warranty set forth herein, THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “PROVIDED "AS IS" AND WITH ALL FAULTSMCAFEE MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. ADOBEEXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, MCAFEE, ITS SUPPLIERS SUPPLIERS, AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY AUTHORIZED PARTNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING INCLUDING, WITHOUT LIMITATION LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY A PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTTO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, MCAFEE MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY PROVIDED IN SECTION 9 ABOVE, THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU PROVIDED “AS IS” AND WITH ALL FAULTSWITHOUT WARRANTY OF ANY KIND. ADOBEADDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POWERWARE, ITS AFFILIATES, LICENSORS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, THE “REPRESENTATIVES”) DISCLAIM ANY AND CERTIFICATION AUTHORITIES ALL REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE. THE REPRESENTATIVES SPECIFICALLY DO NOT AND CANNOT WARRANT THAT THE PERFORMANCE SOFTWARE IS FREE FROM BUGS, VIRUSES, INTERRUPTION OR OTHER PROGRAM LIMITATIONS. FURTHERMORE, THE REPRESENTATIVES DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS NOR DO THEY GIVE ANY WARRANTY ABOUT THE RESULTS YOU THAT MAY OBTAIN BE OBTAINED BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND THIS SECTION 10 SHALL SURVIVE SURVIVES THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENT.

Appears in 1 contract

Samples: License Agreement

Warranty Disclaimer. QUALCOMM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE AND OR ANY OTHER INFORMATION IS DELIVERED OR DOCUMENTATION PROVIDED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO YOU “AS IS” AND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE ANY WARRANTY OF MERCHANTABILITY OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES FITNESS FOR A PARTICULAR PURPOSE OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATIONAGAINST INFRINGEMENT, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (ANY EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, WARRANTY ARISING OUT OF TRADE USAGE OR OTHERWISEOUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. NOTHING CONTAINED IN THIS AGREEMENT SHALL BE CONSTRUED AS (I) A WARRANTY OR REPRESENTATION BY QUALCOMM AS TO THE VALIDITY OR SCOPE OF ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT Confidential Portions of this Document Have Been Redacted and Filed Separately with the Commission PATENT, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT OR (II) A WARRANTY OR REPRESENTATION BY QUALCOMM THAT ANY MANUFACTURE OR USE WILL BE FREE FROM INFRINGEMENT OF PATENTS, COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF OTHERS, AND IT SHALL BE THE SOLE RESPONSIBILITY OF LICENSEE TO MAKE SUCH DETERMINATION AS IS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTPARTIES.

Appears in 1 contract

Samples: Amss6500 Software Agreement (Axesstel Inc)

Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 7 ABOVE, THE SOFTWARE SOFTWARE, THIRD PARTY CONTENT, AND OTHER INFORMATION IS DELIVERED TO YOU SUPPORT SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTSNO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE FULL EXTENT ANY WARRANTYPERMITTED BY LAW, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE CYPHRE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO LICENSORS DISCLAIM ALL WARRANTIES CONDITIONSOTHER THAN AS EXPRESSLY SET FORTH IN SECTION 7, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT ANY IMPLIED WARRANTIES OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATIONFITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYNONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE. CYPHRE DOES NOT WARRANT THAT THE SOFTWARE WILL PERFORM WITHOUT ERROR OR THAT USE OF THE SOFTWARE OR MATERIALS WILL BE UNINTERRUPTED OR SECURE, OR FITNESS FOR THAT ALL DEFECTS WILL BE CORRECTED. CYPHRE PROVIDES NO WARRANTY REGARDING, AND WILL HAVE NO RESPONSIBILITY FOR, ANY PARTICULAR PURPOSE. THE PROVISIONS CLAIM ARISING OUT OF: (A) A MODIFICATION OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION MADE BY ANYONE OTHER THAN CYPHRE; OR (B) USE OF THIS AGREEMENTTHE SOFTWARE IN COMBINATION WITH ANY SYSTEM NOT AUTHORIZED IN THE SPECIFICATIONS OR DOCUMENTATION OR WITH HARDWARE OR SOFTWARE SPECIFICALLY FORBIDDEN BY THE SPECIFICATIONS OR DOCUMENTATION.

Appears in 1 contract

Samples: Software License Agreement

Warranty Disclaimer. EXCEPT AS PROVIDED IN SECTION 15.1 HEREIN, THIS AGREEMENT EXCLUDES, AND i2c HEREBY SPECIFICALLY DISCLAIMS, ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PROCESSING SERVICES, OR THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “AS IS” AND USED IN CONNECTION WITH ALL FAULTS. ADOBESUCH SERVICES, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWAREANY COMPONENTS OR PORTIONS THEREOF, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTYGOODS OR SERVICES PROVIDED BY I2CI2C HEREUNDER, CONDITIONINCLUDING BUT NOT LIMITED TO, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY A PARTICULAR PURPOSE. NOR ARE THERE ANY WARRANTIES CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. I2C DOES NOT WARRANT THAT THE PROVISIONS PROCESSING SERVICES AND THE SOFTWARE USED IN CONNECTION THEREWITH WILL MEET CLIENT'S NEEDS, OR THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF SECTIONS 1.1 THE PROCESSING SERVICES AND 10 SHALL SURVIVE THE TERMINATION SOFTWARE USED IN CONNECTION THEREWITH WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCEPTIONS ARE AN ESSENTIAL PART OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE FEES TO USE BE CHARGED FOR THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENTPROCESSING SERVICES.

Appears in 1 contract

Samples: Electronic Transaction Processing Services Agreement (Prepaid Card Holdings, Inc.)

Warranty Disclaimer. THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “AS IS” AND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS SUPPLIERS, AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES SERVICES, OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT THAT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE USAGE, OR OTHERWISE) AS TO ANY MATTER MATTER, INCLUDING WITHOUT LIMITATION NONINFRINGEMENT NON-INFRINGEMENT OF THIRD THIRD-PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENT.

Appears in 1 contract

Samples: Personal Computer Software License Agreement

Time is Money Join Law Insider Premium to draft better contracts faster.