Common use of Warranty Disclaimer Clause in Contracts

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

Appears in 2 contracts

Samples: Retail Master Terms and Conditions of Service, Retail Master Terms and Conditions of Service

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Warranty Disclaimer. EACH RENTAL DEVICE NINTENDO DISCLAIMS ANY AND ALL WARRANTIES OF THE LICENSED PRODUCTS AS BETWEEN NINTENDO AND LICENSEE AND AS BETWEEN NINTENDO AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “THIRD PARTY PURCHASERS FROM LICENSEE. LICENSEE PURCHASES AND ACCEPTS ALL LICENSED PRODUCTS FROM NINTENDO ON AN "AS IS" AND “AS AVAILABLE” "WHERE IS" BASIS AND TELESYSTEM MAKES NO WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED . WITH RESPECT TO THE IMPLIED LICENSED PRODUCTS, NINTENDO DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A GENERAL OR PARTICULAR PURPOSE AND SHALL IN NO EVENT BE LIABLE FOR ANY SIMILAR WARRANTYINCIDENTAL AND/OR CONSEQUENTIAL DAMAGES OF LICENSEE, WHETHER SAID ITS RETAILERS OR CUSTOMERS. LICENSEE SHALL BE SOLELY RESPONSIBLE FOR PROVIDING THIRD-PARTY PURCHASERS FROM LICENSEE WITH WARRANTY ARISES UNDER PROVISIONS OF AND REPAIR/REPLACEMENT SERVICES FOR ANY LAW OF DEFECTIVE LICENSED PRODUCTS. NOTWITHSTANDING THE UNITED STATES OR CONDITIONS SET FORTH IN THIS PARAGRAPH, NINTENDO WILL USE ITS BEST EFFORTS TO RESOLVE ANY STATE THEREOF OR ANY COUNTRYCATASTROPHIC DEFECT IN THE LICENSED PRODUCTS PURCHASED BY LICENSEE FROM NINTENDO. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR "CATASTROPHIC DEFECT" IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY DEFINED AS A MATTER MANUFACTURING DEFECT RATE OF APPLICABLE LAW, THE SCOPE AND DURATION FIVE PERCENT (5%) OR GREATER IN ANY SHIPMENT OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWLICENSED PRODUCTS TO LICENSEE.

Appears in 2 contracts

Samples: Confidential License Agreement (3do Co), Agreement (3do Co)

Warranty Disclaimer. EACH RENTAL DEVICE EXCEPT AS EXPRESSLY WARRANTED IN SECTION 9.1, THE SOFTWARE, SERVICES, DOCUMENTATION, N-ABLE CONTENT, N-ABLE MARKS, SUPPORT, AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH ALL OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER OR MADE AVAILABLE UNDER THIS RENTAL AGREEMENT IS AGREEMENT, INCLUDING THIRD PARTY HOSTED SERVICES OR SOFTWARE (COLLECTIVELY, FOR THE PURPOSES OF THIS PARAGRAPH, “PRODUCTS”), ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY STATED IN SECTION 9.1, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, N-ABLE DISCLAIMS AND TELESYSTEM MAKES NO WARRANTIESEXCLUDES ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED ANY WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTYPURPOSE, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, LOSS OR CORRUPTION OF ANY LAW DATA, CONTINUITY, OR ABSENCE OF DEFECT RELATING TO THE PRODUCTS OR THE RESULTS OF THE UNITED STATES SAME. N-ABLE DOES NOT WARRANT THAT THE PRODUCTS, INCLUDING ANY SPECIFICATIONS OR ANY STATE THEREOF FUNCTIONS CONTAINED IN THEM, WILL MEET YOUR REQUIREMENTS OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE DEFECTS IN THEM WILL BE DELIVERED CORRECTED. N-ABLE SPECIFICALLY DISCLAIMS RESPONSIBILITY FOR THIRD-PARTY PRODUCTS AND SERVICES WITH WHICH YOU MAY UTILIZE THE SOFTWARE, AND YOU SPECIFICALLY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS AGAINST N-ABLE WITH RESPECT TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD SUCH THIRD-PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT PRODUCTS AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWSERVICES.

Appears in 2 contracts

Samples: User License Agreement, User License Agreement

Warranty Disclaimer. EACH RENTAL DEVICE EXCEPT AS EXPRESSLY SET FORTH HEREIN, MATERIA EXPRESSLY DISCLAIMS ANY WARRANTIES AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO WARRANTIESREPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING STATUTORY OR OTHERWISE, WITH RESPECT TO THE MATERIA TECHNOLOGY OR THE MATERIA CONFIDENTIAL INFORMATION AND OTHER MATTERS CONTEMPLATED BY THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, VALIDITY OF TECHNOLOGY, PATENTED OR UNPATENTED, AND ANY SIMILAR WARRANTYNONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS MATERIA DOES NOT WARRANT OR GUARANTEE THE OUTCOME OF ANY LAW RESEARCH ACTIVITY OF RENEGADE BASED ON THE UNITED STATES MATERIA TECHNOLOGY, AND MATERIA SHALL HAVE NO OBLIGATION TO PROVIDE ANY SUPPORT OR TECHNICAL ASSISTANCE UNDER THIS AGREEMENT EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN. ALL MATERIA TECHNOLOGY IS LICENSED HEREUNDER ON AN “AS IS” BASIS AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, MATERIA WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE RELATING TO OR RESULTING FROM THE MANUFACTURE, USE, SALE OR IMPORTATION OF ANY PRODUCTS BY OR ON BEHALF OF RENEGADE OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWSUBLICENSEE.

Appears in 2 contracts

Samples: License Agreement (Aileron Therapeutics Inc), License Agreement (Aileron Therapeutics Inc)

Warranty Disclaimer. EACH RENTAL DEVICE LICENSEE IS SOLELY RESPONSIBLE FOR THE ACCURACY AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT ADEQUACY OF THE SOFTWARE FOR LICENSEE’S INTENDED USE. THE SOFTWARE IS PROVIDED “BEING DELIVERED TO LICENSEE "AS IS". QSR AND “AS AVAILABLE” ITS SUPPLIERS DO NOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW, QSR AND TELESYSTEM MAKES ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER, INCLUDING BUT WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, QUIET ENJOYMENT, INFORMATION OR CONTENT ACCURACY, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, LACK OF VIRUSES, FITNESS FOR ANY PARTICULAR PURPOSE, AND THE PROVISION OR FAILURE TO PROVIDE SUPPORT SERVICES. FURTHER, QSR AND ITS SUPPLIERS DO NOT LIMITED WARRANT THAT THE SOFTWARE IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE IMPLIED SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF MERCHANTABILITY AND FITNESS FOR DELIVERY OF THE SOFTWARE TO LICENSEE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY QSR, ITS DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A PARTICULAR PURPOSE AND WARRANTY OR IN ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS WAY INCREASE THE SCOPE OF ANY LAW OF THE UNITED STATES WARRANTY PROVIDED HEREIN OR ANY STATE THEREOF REQUIRED UNDER LAW. LICENSEE WILL INDEMNIFY AND HOLD HARMLESS QSR, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS AND COUNSEL FROM AND AGAINST ALL LOSSES, COSTS AND EXPENSES (INCLUDING ATTORNEY’S FEES) RESULTING FROM OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS ARISING OUT OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. CLAIM TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER BASED UPON THE INACCURACY OF APPLICABLE LAW, INFORMATION OR CONTENT CONTAINED IN THE SCOPE AND DURATION SOFTWARE OR THE INADEQUACY OR FAILURE OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWSOFTWARE.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Warranty Disclaimer. EACH RENTAL DEVICE NINTENDO DISCLAIMS ANY AND ALL WARRANTIES OF THE LICENSED PRODUCTS AS BETWEEN NINTENDO AND LICENSEE AND AS BETWEEN NINTENDO AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “THIRD PARTY PURCHASERS FROM LICENSEE. LICENSEE PURCHASES AND ACCEPTS ALL LICENSED PRODUCTS FROM NINTENDO ON AN "AS IS" AND “AS AVAILABLE” "WHERE IS" BASIS AND TELESYSTEM MAKES NO WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED . WITH RESPECT TO THE IMPLIED LICENSED PRODUCTS, NINTENDO DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A GENERAL OR PARTICULAR PURPOSE AND SHALL IN NO EVENT BE LIABLE FOR ANY SIMILAR WARRANTYINCIDENTAL AND/OR CONSEQUENTIAL DAMAGES OF LICENSEE, WHETHER SAID ITS RETAILERS OR CUSTOMERS. LICENSEE SHALL BE SOLELY RESPONSIBLE FOR PROVIDING WARRANTY ARISES UNDER PROVISIONS OF AND REPAIR/REPLACEMENT SERVICES FOR ANY LAW OF DEFECTIVE LICENSED PRODUCTS. NOTWITHSTANDING THE UNITED STATES OR CONDITIONS SET FORTH IN THIS PARAGRAPH, NINTENDO WILL USE ITS BEST EFFORTS TO RESOLVE ANY STATE THEREOF OR ANY COUNTRYCATASTROPHIC DEFECT IN THE LICENSED PRODUCTS PURCHASED BY LICENSEE FROM NINTENDO. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR "CATASTROPHIC DEFECT" IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY DEFINED AS A MATTER MANUFACTURING DEFECT RATE OF APPLICABLE LAW, THE SCOPE AND DURATION FIVE PERCENT (5%) OR GREATER IN ANY SHIPMENT OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWLICENSED PRODUCTS TO LICENSEE.

Appears in 2 contracts

Samples: Confidential License Agreement (Bam Entertainment Inc), Confidential License Agreement (Bam Entertainment Inc)

Warranty Disclaimer. EACH RENTAL DEVICE EXCEPT AS EXPLICITLY STATED IN SUBSECTIONS 12.1 AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH 12.3 OF THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AGREEMENT, THE APPLICABLE STATEMENT OF WORK, AND “AS AVAILABLE” THE SERVICE LEVEL AGREEMENT, AND TELESYSTEM MAKES NO WARRANTIESTO THE EXTENT PERMITTED BY LAW, BYNDER DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIEDIMPLIED BY STATUTE, COMMON LAW, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF PERFORMANCE OR RESULTS CUSTOMER MAY OBTAIN BY USING THE IMPLIED WARRANTIES PRODUCT, AND ANY WARRANTY OF MERCHANTABILITY AND SATISFACTORY QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW IN CONNECTION WITH CUSTOMER’S PURCHASE OF THE UNITED STATES PRODUCT UNDER THIS AGREEMENT. BYNDER DOES NOT WARRANT THAT THE PRODUCT WILL MEET CUSTOMER REQUIREMENTS OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE USE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE UNINTERRUPTED OR ERROR FREE. THE PRODUCT IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES PROVIDED “AS IS”, AND THE FOREGOING DISCLAIMERS MAY NOT APPLY ENTIRE RISK AS TO YOUITS SATISFACTORY USE IS WITH CUSTOMER. CUSTOMER ACKNOWLEDGES THAT IT HAS CARRIED OUT INDEPENDENT RESEARCH AND ANALYSIS AS TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM APPROPRIATENESS OF THE PRODUCT AND PROFESSIONAL SERVICES FOR ITS REQUIREMENTS, HAS RELIED UPON ITS OWN INDEPENDENT RESEARCH TO MAKE AN INFORMED DECISION TO SELECT BYNDER TO DELIVER THE PRODUCT AND PROFESSIONAL SERVICES, AND HAS NOT RELIED UPON ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWWRITTEN OR ORAL ADVICE FROM BYNDER.

Appears in 2 contracts

Samples: www.bynder.com, www.bynder.com

Warranty Disclaimer. EACH RENTAL DEVICE EXCEPT FOR THE LIMITED WARRANTY IN SECTION 7.1, THE PAXATA PRODUCT AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS ALL RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM ”. NEITHER PAXATA NOR ITS SUPPLIERS MAKES NO ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OR NONINFRINGEMENT. PAXATA DOES NOT WARRANT THAT CUSTOMER’S USE OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE PAXATA PRODUCT WILL BE DELIVERED TO YOU BY A PARTICULAR DATE UNINTERRUPTED OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY ERROR-FREE, NOR DOES PAXATA WARRANT THAT IT WILL REVIEW THE CUSTOMER DATA FOR INFRINGEMENT ACCURACY OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY THAT IT WILL PRESERVE OR MAINTAIN THE CUSTOMER DATA WITHOUT LOSS. PAXATA SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT PROBLEMS INHERENT IN USE OF THE INTERNET AND TRADE SECRET ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF PAXATA. PAXATA FURTHER ASSUMES NO LIABILITY FOR ANY CUSTOMER DATA THAT IS NOT PROPERLY TRANSMITTED, RECEIVED OR STORED BY ANY PARTY OTHER THAN PAXATA. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS). SOME JURISDICTIONS DO NOT PERMIT , BUT THE DISCLAIMER DURATION OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM SHORTEST PERIOD PERMITTED UNDER SUCH BY LAW.

Appears in 2 contracts

Samples: Subscription Agreement, www.paxata.com

Warranty Disclaimer. EACH RENTAL DEVICE EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN SECTIONS 7(a)-7(c), OF THIS AGREEMENT, THE SOFTWARE, (INCLUDING INITIAL LICENSE CONFIGURATION), PROFESSIONAL SERVICES, TRAINING SERVICES, SERVICE DELIVERABLES, MAINTENANCE SERVICES, AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS HOSTING SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” OPIE EXPRESSLY DISCLAIMS ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES AND TELESYSTEM MAKES NO WARRANTIES, EXPRESS OR IMPLIEDCONDITIONS (INCLUDING THOSE BY OUR SUPPLIERS), INCLUDING BUT NOT LIMITED TO THE IMPLIED ANY WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, NON- INFRINGEMENT OR QUIET ENJOYMENT, AS WELL AS ANY WARRANTIES THAT THE SOFTWARE (INCLUDING INITIAL LICENSE CONFIGURATION), PROFESSIONAL SERVICES, TRAINING SERVICES, SERVICE DELIVERABLES, MAINTENANCE SERVICES, AND ANY SIMILAR WARRANTYHOSTING SERVICES WILL BE FREE OF INTERRUPTIONS OR ERRORS. OPIE SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO OPIE’S OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS THEFT OR DESTRUCTION OF ANY LAW OF THE UNITED STATES CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS)METHOD. SOME JURISDICTIONS DO NOT PERMIT ALLOW THE DISCLAIMER EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST. THIS LIMITED WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND THE FOREGOING DISCLAIMERS CUSTOMER MAY NOT APPLY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWJURISDICTION.

Appears in 2 contracts

Samples: Master Solution Agreement, Master Solution Agreement

Warranty Disclaimer. EACH RENTAL DEVICE AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO WARRANTIESREPRESENTATION OR EXTENDS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE OTHER PARTY WITH RESPECT TO ANY TECHNOLOGY OR OTHER SUBJECT MATTER OF THIS AGREEMENT AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO ANY SIMILAR WARRANTYAND ALL OF THE FOREGOING. EACH PARTY HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE DEVELOPMENT, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS MANUFACTURE OR COMMERCIALIZATION OF ANY LAW PRODUCT UNDER THIS AGREEMENT WILL BE SUCCESSFUL. AEVI AGREES THAT (A) MEDIMMUNE WILL HAVE NO LIABILITY TO AEVI FOR ANY ACT OR OMISSION IN THE PREPARATION, FILING, PROSECUTION, MAINTENANCE, ENFORCEMENT, DEFENSE, OR OTHER HANDLING OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO MEDIMMUNE PATENT RIGHTS PRIOR TO THE EFFECTIVE DATE; AND (B) ASSUMING THE ACCURACY OF MEDIMMUNE’S REPRESENTATIONS OR AND WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR SET FORTH IN SECTION 11.2, AEVI IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY SOLELY RESPONSIBLE FOR INFRINGEMENT OR MISAPPROPRIATION OF DETERMINING WHETHER THE MEDIMMUNE INTELLECTUAL PROPERTY HAS APPLICABILITY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT UTLITY IN AEVI’S CONTEMPLATED EXPLOITATION OF THE MOLECULE OR THE PRODUCTS AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES ASSUMES ALL RISK AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY LIABILITY IN CONNECTION WITH SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWDETERMINATION.

Appears in 1 contract

Samples: Option and License Agreement (Aevi Genomic Medicine, Inc.)

Warranty Disclaimer. EACH RENTAL DEVICE THE SERVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS CLIENT SOFTWARE ARE PROVIDED ON AN "AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO " BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS EXPRESS, IMPLIED, STATUTORY OR IMPLIEDOTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL COMPANY, OR ITS EMPLOYEES, DIRECTORS, CONTRACTORS, OR AGENTS, BE LIABLE FOR ANY SIMILAR WARRANTYCONSEQUENTIAL, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE UNITED STATES USE OR ANY STATE THEREOF INABILITY TO USE THE CLIENT SOFTWARE OR ANY COUNTRYTHE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TELESYSTEM MAKES IN NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE EVENT WILL BE DELIVERED COMPANY’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THE MSA EXCEED THE AMOUNTS PAID BY YOU FOR ACCESS TO YOU BY A PARTICULAR DATE OR IS FREE AND USE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS THE SERVICE IN THE SIX (INCLUDING PATENT AND TRADE SECRET RIGHTS)6) MONTHS PRIOR TO EVENT GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT PERMIT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE DISCLAIMER EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING DISCLAIMERS ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

Appears in 1 contract

Samples: www.univerge.blue

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN CONNECTION WITH THIS RENTAL AGREEMENT SECTION 9.1 ABOVE, THE TEALIUM OFFERING IS PROVIDED SOLELY ON AN "AS IS," AND "AS AVAILABLE” AND TELESYSTEM MAKES NO AVAILABLE BASIS" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TEALIUM EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO THE TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY SIMILAR WARRANTYIMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OR RELATING TO OR AFFECTED BY WEB SITE VISITORS’ BROWSER SECURITY SETTINGS. WITHOUT LIMITING THE GENERALITY OF THE UNITED STATES FOREGOING, TEALIUM AND ITS THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ANY WARRANTIES THAT (A) THE OPERATION OR USE OF THE TEALIUM OFFERING WILL BE TIMELY, UNINTERRUPTED, OR ERROR-FREE; AND (B) THE TEALIUM OFFERING WILL MEET CUSTOMER'S REQUIREMENTS. EXCEPT AS MAY BE EXPRESSLY PROVIDED ELSEWHERE IN THIS AGREEMENT, CUSTOMER USES THE TEALIUM OFFERING AT ITS OWN RISK. TEALIUM’S OBLIGATIONS AND WARRANTIES ARE ONLY FOR CUSTOMER’S BENEFIT AND NOT FOR ANY CUSTOMER OF CUSTOMER, OR ANY STATE THEREOF OR ANY COUNTRYPARTNER OF CUSTOMER, AND ARE CONDITIONED ON CUSTOMER’S USE OF THE MOST RECENT VERSION OF THE TEALIUM OFFERING MADE AVAILABLE BY TEALIUM TO CUSTOMER. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.Limitation of Liability

Appears in 1 contract

Samples: Master Services Agreement

Warranty Disclaimer. EACH RENTAL DEVICE 7.1. Glare Marketing Technologies PROVIDES ITS SERVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED ALL RELATED CONTENT ON AN “AS IS” BASIS. Glare Marketing Technologies AND “AS AVAILABLE” AND TELESYSTEM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT KIND, WHETHER EXPRESSED, IMPLIED, OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS)STATUTORY. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. EXCEPT TO THE EXTENT PROHIBITED BY LAW, Glare Marketing Technologies DISCLAIMS ALL WARRANTIES, INCLUDING AND WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, AND QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WITH THE EXCEPTION OF TERMS INDICATED IN ANY SEPARATE SERVICE LEVEL AGREEMENT, Glare Marketing Technologies DOES NOT WARRANT THAT TELESYSTEM CANNOT DISCLAIM ITS SERVICES OR WEBSITE WILL FUNCTION AS DESCRIBED OR WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS OR THAT ANY STORED DATA WILL BE SECURE OR SAFE FROM LOSS OR DAMAGE. NO VERBAL ADVICE OR WRITTEN INFORMATION GIVEN BY Xxxxx Marketing Technologies, ITS EMPLOYEES, LICENSORS, LICENSEES, AFFILIATES, OR AGENTS OR BY ANY OTHER THIRD PARTY SHALL CREATE ANY WARRANTY. NOR MAY YOU OR YOUR SUBSCRIBERS INTERPRET ANY SUCH WARRANTY INFORMATION OR ADVICE AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWREPRESENTATION.

Appears in 1 contract

Samples: Please Read These Terms

Warranty Disclaimer. EACH RENTAL DEVICE AIA AND THE ACD ONLINE SERVICE DO NOT PROVIDE LEGAL ADVICE. MOREOVER, AIA MAKES NO REPRESENTATIONS OR WARRANTIES TO YOU ON AN INDIVIDUAL BASIS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS ASSOCIATED WITH OR AVAILABLE THROUGH THE ACD ONLINE SERVICE FOR ANY PURPOSE OR WITH RESPECT TO YOUR ABILITY TO ACHIEVE YOUR INTENDED RESULT. UNLESS OTHERWISE AGREED, THE ACD ONLINE SERVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS SUCH INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS ARE PROVIDED “AS IS” AND "AS AVAILABLE” AND TELESYSTEM MAKES NO WARRANTIES" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIEDINCLUDING, INCLUDING BUT NOT LIMITED TO THE WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, AND NON-INFRINGEMENT AS WELL AS ANY SIMILAR WARRANTYWARRANTY RELATED TO THE USE, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OR THE RESULTS OF THE UNITED STATES USE, OF THE ACD ONLINE SERVICE OR DOCUMENTATION ASSOCIATED THEREWITH IN TERMS OF AVAILABILITY, ACCURACY, SECURITY, RELIABILITY, OR OTHERWISE. AIA ALSO DOES NOT WARRANT THAT THE ACD ONLINE SERVICE WILL ENABLE YOU TO MEET OR ACHIEVE ANY STATE THEREOF CERTIFICATION OR ANY COUNTRYLEGAL STANDARD OR OPERATE ERROR- FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. ENTIRE RISK AS TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER AVAILABILITY, QUALITY, AND PERFORMANCE OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWACD ONLINE SERVICE IS WITH YOU.

Appears in 1 contract

Samples: Terms of Service

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED EXCEPT AS SPECIFICALLY SET FORTH IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO WARRANTIESARTICLE, EXPRESS OR IMPLIEDHEXAGON DISCLAIMS (TO THE FULLEST EXTENT PERMITTED BY LAW) ALL WARRANTIES ON PRODUCTS FURNISHED PURSUANT TO THE MASTER AGREEMENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED ALL WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, HIGH RISK USE, AND NON-INFRINGEMENT. ALL WARRANTIES PROVIDED PURSUANT TO THIS MASTER AGREEMENT ARE VOID IF FAILURE OF A WARRANTED ITEM RESULTS DIRECTLY OR INDIRECTLY FROM AN UNAUTHORIZED USE OR MISUSE OF A WARRANTED ITEM, INCLUDING, WITHOUT LIMITATION, USE OF A WARRANTED ITEM UNDER ABNORMAL OPERATING CONDITIONS OR UNAUTHORIZED MODIFICATION OR REPAIR OF A WARRANTED ITEM OR FAILURE TO ROUTINELY MAINTAIN A WARRANTED ITEM. THE WARRANTIES SET FORTH IN THIS ARTICLE 7 ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, AND, EXCEPT AS SET FORTH IN ARTICLE TITLED “INDEMNIFICATION PROVISIONS” BELOW, REPRESENT THE FULL AND TOTAL WARRANTY OBLIGATION AND/OR LIABILITY OF HEXAGON. 8 LIMITATION OF LIABILITY IN NO EVENT WILL HEXAGON BE LIABLE FOR ANY SIMILAR WARRANTYINDIRECT, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF ANY LAW USE OR PRODUCTION, LOSS OF REVENUE, LOSS OF DATA, OR CLAIMS OF THIRD PARTIES, EVEN IF HEXAGON HAS BEEN ADVISED OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRYPOSSIBILITY OF SUCH DAMAGES. TELESYSTEM MAKES UNDER NO REPRESENTATIONS OR WARRANTIES CIRCUMSTANCE WILL HEXAGON'S LIABILITY UNDER THIS MASTER AGREEMENT EXCEED THE AMOUNT THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU HEXAGON HAS BEEN PAID BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT CUSTOMER UNDER THE DISCLAIMER OF CERTAIN WARRANTIES AND INDIVIDUAL ORDER UNDER WHICH THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. EVENT GIVING RISE TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER CAUSE OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWACTION HAS OCCURRED.

Appears in 1 contract

Samples: Primary Contracting Document

Warranty Disclaimer. EACH RENTAL DEVICE THE SERVICE, CLIENT SOFTWARE, AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS THIRD-PARTY SOFTWARE ARE PROVIDED ON AN "AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO " BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XBAND ENTERPRISES DISCLAIMS ALL WARRANTIES, EXPRESS EXPRESS, IMPLIED, STATUTORY OR IMPLIEDOTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL XBAND ENTERPRISES, OR ITS EMPLOYEES, DIRECTORS, CONTRACTORS, OR AGENTS, BE LIABLE FOR ANY SIMILAR WARRANTYCONSEQUENTIAL, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE UNITED STATES USE OR INABILITY TO USE THE CLIENT SOFTWARE, THIRD-PARTY SOFTWARE, OR THE SERVICE, EVEN IF XBAND ENTERPRISES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL XBAND ENTERPRISES AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THE AGREEMENT EXCEED THE AMOUNTS PAID BY YOU TO ACCESS AND USE THE SERVICE IN THE SIX (6) MONTHS PRIOR TO ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED EVENT GIVING RISE TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS)SUCH LIABILITY. SOME JURISDICTIONS DO NOT PERMIT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE DISCLAIMER EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING DISCLAIMERS ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

Appears in 1 contract

Samples: www.xbandenterprises.com

Warranty Disclaimer. EACH RENTAL DEVICE THE SOURCEDRIVE SOFTWARE AND ANY TELEPHONE HARDWARE PURCHASED RELATED RESOURCES AND SERVICES PROVIDED BY CEDARS-SINAI IN CONNECTION ACCORDANCE WITH THE TERMS OF THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO WARRANTIES, ARE WITHOUT EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE AND THE PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT THE SOURCEDRIVE SOFTWARE AND RELATED RESOURCES OR SERVICES DO NOT OR WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. SUCH ARE ALL PROVIDED TO MEMBERS “AS IS”. CEDARS-SINAI SHALL BEAR NO LIABILITY FOR ANY SIMILAR WARRANTYCLAIM, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS ACTION, DAMAGE OR INJURY ON ACCOUNT OF MEMBER’S USE OF THE SOURCEDRIVE SOFTWARE AND RELATED RESOURCES AND SERVICES. IN NO EVENT SHALL EITHER PARTY, ITS TRUSTEES, DIRECTORS, OFFICERS, RESEARCHERS, EMPLOYEES, STUDENTS, AGENTS AND AFFILIATES, BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY LAW KIND, INCLUDING ECONOMIC DAMAGES OR INJURY TO PERSONS OR PROPERTY AND LOST PROFITS, REGARDLESS OF WHETHER THAT PARTY SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOW OR IN FACT SHALL KNOW OF THE UNITED STATES POSSIBILITY OF THE FOREGOING. THIS SECTION SHALL SURVIVE THE EXPIRATION OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE EARLIER TERMINATION OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWTHIS AGREEMENT.

Appears in 1 contract

Samples: Cedars Sinai Sourcedrive Consortium Membership Agreement

Warranty Disclaimer. EACH RENTAL DEVICE Licensee acknowledges that: use of the Package OR ANY SUPPORT SERVICES may result in unexpected results, loss of data or other unpredictable damage or loss to Licensee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THE PACKAGE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS SUPPORT SERVICES ARE BEING PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DESKALERTS, ITS AFFILIATES AND “AS AVAILABLE” ITS OR THEIR RESPECTIVE LICENSORS MAKE NO WARRANTIES OR GUARANTEES OR REPRESENTATIONS, AND TELESYSTEM MAKES NO WARRANTIESEXPLICITLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED ORAL OR WRITTEN, OF ANY KIND OR NATURE, WITH RESPECT TO THE PACKAGE, ANY SUPPORT SERVICES, THE USE OR DISTRIBUTION THEREOF, INCLUDING ANY MODIFICATION THEREOF BY LICENSEE OR ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE OR NON- INFRINGEMENT, INTERFERENCE WITH ENJOYMENT, ACCURACY, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE, AND ALL WARRANTIES IMPLIED FROM ANY SIMILAR WARRANTYCOURSE OF DEALING OR USAGE OF TRADE. DESKALERTS DOES NOT WARRANT THAT (A) THE PACKAGE OR ANY SUPPORT SERVICES WILL MEET LICENSEE’S REQUIREMENTS, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW (B) OPERATION OF THE UNITED STATES PACKAGE OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE SUPPORT SERVICES WILL BE DELIVERED TO YOU BY A PARTICULAR DATE UNINTERRUPTED OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT VIRUS- OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY ERROR-FREE, OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY C) DEFECTS WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWCORRECTED.

Appears in 1 contract

Samples: License Agreement

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED EXCEPT AS SPECIFICALLY SET FORTH IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO WARRANTIESARTICLE, EXPRESS OR IMPLIEDHEXAGON DISCLAIMS (TO THE FULLEST EXTENT PERMITTED BY LAW) ALL WARRANTIES ON PRODUCTS FURNISHED PURSUANT TO THE MASTER AGREEMENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. THE WARRANTIES SET FORTH IN THIS ARTICLE 7 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, AND, EXCEPT AS SET FORTH IN ARTICLE TITLED “INDEMNIFICATION PROVISIONS” BELOW, REPRESENTS THE FULL AND TOTAL WARRANTY OBLIGATION AND/OR LIABILITY OF HEXAGON. 8 LIMITATION OF LIABILITY IN NO EVENT WILL HEXAGON BE LIABLE FOR ANY SIMILAR WARRANTYINDIRECT, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, LOST PROFITS, LOSS OF ANY LAW USE OR PRODUCTION, LOSS OF REVENUE, LOSS OF DATA, OR CLAIMS OF THIRD PARTIES, EVEN IF HEXAGON HAS BEEN ADVISED OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRYPOSSIBILITY OF SUCH DAMAGES. TELESYSTEM MAKES UNDER NO REPRESENTATIONS OR WARRANTIES CIRCUMSTANCE WILL HEXAGON'S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU HEXAGON HAS BEEN PAID BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT CUSTOMER UNDER THE DISCLAIMER OF CERTAIN WARRANTIES AND INDIVIDUAL ORDER UNDER WHICH THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. EVENT GIVING RISE TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER CAUSE OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWACTION HAS OCCURRED.

Appears in 1 contract

Samples: Master Agreement Terms and Conditions

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM XTRACOM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM XTRACOM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). THE ENTIRE RISK ASSOCIATED WITH THE USE OF ANY RENTAL DEVICE SHALL BE BORNE SOLELY BY YOU. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM XTRACOM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

Appears in 1 contract

Samples: Xtracom Phone Lease Program and Rental Agreement

Warranty Disclaimer. EACH RENTAL DEVICE YOU ACKNOWLEDGE THAT THE HYPERDESIGN SOFTWARE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS HYPERDESIGN MATERIALS ARE PROVIDED "AS IS” AND “, AS AVAILABLE” AND TELESYSTEM MAKES NO ", WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OR THAT THE HYPERDESIGN SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. ROCHE DOES NOT WARRANT THAT THE HYPERDESIGN SOFTWARE WILL BE PROVIDED FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. ROCHE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE. YOU EXPRESSLY ACKNOWLEDGE THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN INTERNET COMMUNICATIONS AND TECHNOLOGY AND ROCHE DOES NOT MAKE ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS ASSURANCES OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED RELATING TO YOU BY SUCH RISKS. NO ADVICE FROM ROCHE OR ITS REPRESENTATIVES SHALL CREATE A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWWARRANTY.

Appears in 1 contract

Samples: nghc-aws-marketing.s3.eu-central-1.amazonaws.com

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED EXCEPT AS EXPRESSLY SET FORTH IN CONNECTION WITH THIS RENTAL AGREEMENT IS AGREEMENT, THE PRODUCTS ARE BEING PROVIDED TO PURCHASER “AS IS” WITHOUT WARRANTY OF ANY KIND AND “AS AVAILABLE” AND TELESYSTEM MAKES NO MCI DISCLAIMS TO PURCHASER ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS IS THE ONLY WARRANTY GIVEN BY MCI. IN NO EVENT WILL MCI BE LIABLE FOR ANY INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INDIRECT DAMAGES, LOSS OF PROFITS, LOSS OF REVENUES, OR LOSS OF USE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. MCI’S LIABILITY FOR DAMAGES ARISING OUT OF, OR RELATING TO A PRODUCT OR ORDER, IS LIMITED TO THE LOWER OF CATALOG OR CONTRACT PRICE FOR THE SPECIFIC PRODUCT THAT GIVES RISE TO THE CLAIM. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER LIABILITY ARISES FROM BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), BY OPERATION OR LAW, OR OTHERWISE. TO THE EXTENT ALLOWED BY APPLICABLE LAW MCI EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTYPURPOSE. No other person or business organization (including employees or sales representatives of MCI or TRUE BLUE POWER) are authorized to extend any other express warranty on behalf of MCI, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWeither orally or in writing.

Appears in 1 contract

Samples: Supply and Warranty Agreement

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM ACC TELECOM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM ACC TELECOM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). THE ENTIRE RISK ASSOCIATED WITH THE USE OF ANY RENTAL DEVICE SHALL BE BORNE SOLELY BY YOU. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM ACC TELECOM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

Appears in 1 contract

Samples: Program and Rental Agreement

Warranty Disclaimer. EACH RENTAL DEVICE EXCEPT AS EXPRESSLY PROVIDED BY WRITTEN AGREEMENT TO CLIENT AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TELETRACKING MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED ANY WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND ANY SIMILAR WARRANTYWARRANTY ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING OR PERFORMANCE, OR USAGE OF TRADE, WITH RESPECT TO THE TELETRACKING SOFTWARE. THIRD PARTY PRODUCTS. EXCEPT AS EXPRESSLY PROVIDED BY WRITTEN AGREEMENT TO CLIENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TELETRACKING MAKES NO WARRANTIES OF ANY KIND, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, FOR THIRD PARTY SOFTWARE, HARDWARE, OR SERVICES, AND SHALL HAVE NO LIABILITY FOR ANY LAW OF THE UNITED STATES DELAYS, FAILURES OR LOSSES ATTRIBUTABLE OR RELATED IN ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED WAY TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT SOFTWARE, HARDWARE, OR MISAPPROPRIATION SERVICES. NOR SHALL TELETRACKING HAVE ANY LIABILITY RESULTING FROM THE TRANSMISSION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAWDATA BY CLIENT VIA THIRD PARTY networks or telecommunications products and services including, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWWITHOUT LIMITATION, the internet and mobile devices.

Appears in 1 contract

Samples: Subscription and License Agreement

Warranty Disclaimer. EACH RENTAL DEVICE THE SNAPDRAGON SPACES DEVELOPER PLATFORM AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS SUPPORT SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” QTIL AND TELESYSTEM MAKES ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SNAPDRAGON SPACES DEVELOPER PLATFORM, SUPPORT SERVICES OR OTHER INFORMATION OR DOCUMENTATION PROVIDED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES ANY WARRANTY OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE AND OR AGAINST INFRINGEMENT, OR ANY SIMILAR WARRANTY, WHETHER SAID EXPRESS OR IMPLIED WARRANTY ARISES UNDER PROVISIONS ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. NOTHING CONTAINED IN THIS AGREEMENT SHALL BE CONSTRUED AS (A) A WARRANTY OR REPRESENTATION BY QTIL OR ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS AS TO THE VALIDITY OR SCOPE OF ANY LAW PATENT, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT OR (B) A WARRANTY OR REPRESENTATION BY QTIL OR ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS THAT ANY MANUFACTURE OR USE OF THE UNITED STATES SNAPDRAGON SPACES DEVELOPER PLATFORM, SUPPORT SERVICES OR ANY STATE THEREOF OTHER INFORMATION OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE DOCUMENTATION PROVIDED HEREUNDER WILL BE DELIVERED TO YOU BY A PARTICULAR DATE FREE FROM INFRINGEMENT OF PATENTS, COPYRIGHTS OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF OTHER INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT OF OTHERS, AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT IT SHALL BE THE DISCLAIMER SOLE RESPONSIBILITY OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY LICENSEE TO YOU. MAKE SUCH DETERMINATION AS IS NECESSARY WITH RESPECT TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER ACQUISITION OF APPLICABLE LAW, THE SCOPE LICENSES UNDER PATENTS AND DURATION OTHER INTELLECTUAL PROPERTY OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWTHIRD PARTIES.

Appears in 1 contract

Samples: Snapdragon Spaces Developer Platform License Agreement

Warranty Disclaimer. EACH RENTAL DEVICE THE INSIGHT POS SYSTEM AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PRODUCT OR SERVICE SOLD USING THE INSIGHT POS SYSTEM ARE PROVIDED "AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO WARRANTIES, ," WITHOUT ANY WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE OR BASED ON STATUTE, TORT OR ANY OTHER THEORY OF LAW. INSIGHT EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS NON-INFRINGEMENT OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRYTHIRD PARTY RIGHTS. TELESYSTEM MP ACKNOWLEDGES AND AGREES THAT INSIGHT MAKES NO REPRESENTATIONS AS TO THE REASONABLENESS, APPROPRIATENESS, QUALITY OR WARRANTIES THAT FUNCTIONALITY OF PRODUCTS OR SERVICES PROVIDED BY INSIGHT THROUGH THE INSIGHT POS SYSTEM. ANY RENTAL DEVICE WILL PRODUCT OR SERVICE PROVIDED BY INSIGHT TO MP OR ANY PARTY AFFILIATED WITH DISTRIBUTION IS ON AN "AS IS" BASIS AND SUBJECT TO THE TERMS AND CONDITIONS IMPOSED BY SUCH PRODUCT'S RESPECTIVE CARRIER OR PROVIDER AS WELL AS THE ABILITY OF SUCH CARRIER OR PROVIDER TO FULFILL SUCH TERMS AND CONDITIONS. IN NO EVENT SHALL INSIGHT BE DELIVERED TO YOU BY A PARTICULAR DATE HELD LIABLE FOR THE QUALITY, THE TERMS OR IS FREE OF RIGHTFUL CLAIMS CONDITIONS, OR THE FAILURE OF ANY THIRD PARTY FOR INFRINGEMENT CARRIER OR MISAPPROPRIATION PROVIDER TO FULFILL THE OBLIGATIONS OF INTELLECTUAL PROPERTY ANY PRODUCT OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT SERVICE SUPPLIED THROUGH THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWINSIGHT POS SYSTEM.

Appears in 1 contract

Samples: Market Partner Agreement (Next Group Holdings, Inc.)

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE RENTED OR PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM RINGCENTRAL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY CANADIAN LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRYPROVINCE THEREOF. TELESYSTEM RINGCENTRAL MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). THE ENTIRE RISK ASSOCIATED WITH THE USE OF ANY RENTAL DEVICE SHALL BE BORNE SOLELY BY YOU. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM RINGCENTRAL CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. To the extent permitted by Law, RingCentral shall pass through to Customer all warranties RingCentral receives in connection with the Rental Device provided by the manufacturer.

Appears in 1 contract

Samples: Phone Rental Agreement

Warranty Disclaimer. EACH RENTAL DEVICE EXCEPT FOR THE EXPRESS WARRANTIES SPECIFIED ABOVE IN SECTION 12.1 AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO 12.2, DYNATRACE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON- INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT FACTORS SUCH AS CHANGES TO CUSTOMER’S MONITORING PROFILE, NETWORK ISSUES, VERSIONS OF CUSTOMER APPLICATIONS, CORRUPTED, INCOMPLETE AND/OR INTERRUPTED DATA RECEIVED BY DYNATRACE FROM CUSTOMER’S SITE(S), MAY HAVE A MATERIAL IMPACT ON THE ACCURACY, RELIABILITY, AVAILABILITY AND/OR TIMELINESS OF RESULTS, AND DYNATRACE SHALL NOT BE RESPONSIBLE FOR ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS SUCH FACTORS. DYNATRACE DOES NOT WARRANT THAT: (A) THE USE OF ANY LAW DYNATRACE PRODUCT OR DELIVERABLES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE PRODUCTS OR DELIVERABLES OR ANY INFORMATION OBTAINED THROUGH THE PRODUCTS OR DELIVERABLES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED CUSTOMER DATA WILL BE ACCURATE OR RELIABLE; OR (D) THE PRODUCTS OR DELIVERABLES WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, OR THAT ERRORS OR DEFECTS THEREIN WILL BE CORRECTED. DYNATRACE IS NOT RESPONSIBLE FOR THE IMPACT ON THE ACCURACY, RELIABILITY, AVAILABILITY AND/OR TIMELINESS OF RESULTS OF FACTORS OUTSIDE ITS REASONABLE CONTROL, INCLUDING CHANGES TO CUSTOMER’S MONITORING PROFILE, CUSTOMER NETWORK ISSUES, VERSIONS OF CUSTOMER APPLICATIONS, CORRUPTED, INCOMPLETE AND/OR INTERRUPTED DATA RECEIVED FROM CUSTOMER’S SITE(S) OR OTHER PROBLEMS INHERENT IN THE USE OF THE UNITED STATES OR INTERNET AND ELECTRONIC COMMUNICATIONS. DYNATRACE IS NOT RESPONSIBLE FOR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY DELAYS, DELIVERY FAILURES, OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS)DAMAGES RESULTING FROM SUCH PROBLEMS. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.保証の免責事項。上記の第12.1条および第12.2条で規定した明示的な保証を除き、Dynatraceは、商品性、特定目的への適合性、および権利を侵害していないことの暗示的な保証を含むがこれに限定されない、書面、口頭、明示的、暗示的、または法定の他のすべての保証を放棄します。お客様は、お客様の監視プロファイルの変更、ネットワークの問題、お客様のアプリケーションのバージョン、お客様のサイトからDynatraceが受信したデータの破損、不完全、中断などの要因が、結果の正確性、信頼性、可用性、適時性に重大な影響を与える可能性があることを認め、Dynatraceはそのような要因に対して責任を負わないものとします。Dynatraceは、以下を保証しません。(A) Dynatrace製品または成果物の使用が他のハードウェア、ソフトウエア、システムやデータと組み合わせて動作すること。(B)本製品や成果物、または製品や成果物を通じて得られる情報がお客様の要件または期待を満たすこと。 (C)保存されているお客様のデータが正確または信頼できること。(D)本製品または成果物が中断されず、エラーやウイルスがなく、その中のエラーや欠陥が修正されること。Dynatraceは、お客様の監視プロファイルの変更、お客様のネットワークの問題、お客様のアプリケーションのバージョン、お客様のサイトから受信したデータの破損、不完全、中断、またはインターネットや電子通信の使用に固有のその他の問題を含む、合理的に制御できない要因が結果の正確性、信頼性、可用性、および/または適時性に与える影響について責任を負わないものとします。 Dynatraceは、このような問題に起因する遅延、納入の失敗、またはその他の損害について責任を負いません。

Appears in 1 contract

Samples: Master Subscription Agreement

Warranty Disclaimer. EACH RENTAL DEVICE EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” TO THE GREATEST EXTENT PERMITTED BY LAW, TENABLE OFFERS ITS PRODUCTS ÒAS- ISÓ AND “AS AVAILABLE” AND TELESYSTEM MAKES NO WARRANTIESOTHER WARRANTY OF ANY KIND, EXPRESS OR WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED ANY WARRANTIES OF MERCHANTABILITY AND TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SECURITY, INTEGRATION, PERFORMANCE AND ACCURACY, AND ANY SIMILAR WARRANTYIMPLIED WARRANTIES ARISING FROM STATUTE, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS COURSE OF ANY LAW DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE MADE TO CUSTOMER FOR CUSTOMERÕS BENEFIT ONLY. CUSTOMERÕS USE OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRYPRODUCTS IS AT CUSTOMERÕS OWN RISK. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES CUSTOMER UNDERSTANDS THAT ANY RENTAL DEVICE ASSESSING NETWORK SECURITY IS A COMPLEX PROCEDURE, AND TENABLE DOES NOT GUARANTEE THAT THE RESULTS OF THE PRODUCTS WILL BE DELIVERED ERROR- FREE OR PROVIDE A COMPLETE AND ACCURATE PICTURE OF CUSTOMERÕS SECURITY FLAWS, AND CUSTOMER AGREES NOT TO YOU BY A PARTICULAR DATE RELY SOLELY ON SUCH PRODUCTS IN DEVELOPING ITS SECURITY STRATEGY. CUSTOMER ACKNOWLEDGES THAT THE PRODUCTS MAY RESULT IN LOSS OF SERVICE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT HAVE OTHER IMPACTS TO NETWORKS, ASSETS OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS COMPUTERS (INCLUDING PATENT MODIFICATION OF SCAN TARGETS), AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY CUSTOMER IS SOLELY RESPONSIBLE FOR ANY DAMAGES RELATING TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWLOSS OR IMPACT.

Appears in 1 contract

Samples: Tenable Master Agreement

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED THE PARTIES ACKNOWLEDGE THAT THE API, Content and any services are provided “AS IS.COMPANY AND “AS AVAILABLE” AND TELESYSTEM MAKES NO WARRANTIESITS LICENSORS DISCLAIM ALL WARRANTIES RELATING TO THE API OR ANY SERVICES, EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED TO, ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THAT SUCH API OR SERVICES WILL BE ERROR-FREE. 13. LIMITATION OF LIABILITY. COMPANY ITS OWNERS, DIRECTORS, ASSIGNS, AND AFFILIATES AND ITS LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SIMILAR WARRANTYSUBJECT MATTER OF THIS AGREEMENT OR THE TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (B) FOR ANY LAW INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS OR (C) FOR ANY AMOUNT IN THE AGGREGATE OF THE UNITED STATES AMOUNT PAID OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES PAYABLE BY LICENSEE UNDER SECTION 7 (PROVIDED THAT, IF NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL AMOUNTS HAVE BEEN PAID, SUCH CAP SHALL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS FIVE HUNDRED DOLLARS (INCLUDING PATENT AND TRADE SECRET RIGHTSUS$500.00)). SOME JURISDICTIONS DO COMPANY AND ITS LICENSORS SHALL NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM BE LIABLE FOR ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWBEYOND ITS REASONABLE CONTROL.

Appears in 1 contract

Samples: License Agreement

Warranty Disclaimer. EACH RENTAL DEVICE SELLER'S EXPRESS LIMITED WARRANTY TO BUYER IN SECTION 13, TOGETHER WITH THE PRODUCT SUPPORT OBLIGATIONS EXPRESSLY SET FORTH IN SECTION 15, CONSTITUTES SELLER'S SOLE LIABILITY AND BUYER'S SOLE REMEDY WITH RESPECT TO THE PRODUCTS ORDERED UNDER THIS AGREEMENT, AND EXTEND ONLY TO BUYER AS THE ORIGINAL PURCHASER. BUYER MAY NOT TRANSFER SUCH WARRANTY OR RIGHT TO RECEIVE SUPPORT TO ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” OTHER PARTY. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND “AS AVAILABLE” AND TELESYSTEM MAKES NO REGULATIONS, SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES ANY WARRANTY OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF TEST OR OTHER RESULTS. ADDITIONALLY, ANY SIMILAR WARRANTYMAINTENANCE, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF REPAIR OR ALTERATION TO OR OF, OR OTHER TAMPERING WITH, THE PRODUCTS HEREUNDER BY ANY LAW OF THE UNITED STATES PERSON OR ENTITY OTHER THAN SELLER WITHOUT SELLER’S PRIOR WRITTEN CONSENT, OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE USE OF REPLACEMENT PARTS SUPPLIER HAS NOT SUPPLIED, WILL BE DELIVERED IMMEDIATELY VOID AND CANCEL THE EXPRESS WARRANTY HEREIN TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. BUYER WITH RESPECT TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AFFECTED PRODUCTS AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWSERVICES.

Appears in 1 contract

Samples: www.qorvobiotech.com

Warranty Disclaimer. EACH RENTAL DEVICE TEAMDYNAMIX WARRANTS THAT THE PROFESSIONAL SERVICES WILL BE PERFORMED IN A WORKMANLIKE MANNER AND ANY TELEPHONE HARDWARE PURCHASED WITH PROFESSIONAL DILIGENCE AND SKILL, IN CONNECTION ACCORDANCE WITH THIS RENTAL AGREEMENT ADDENDUM AND THE DOCUMENTATION. IF THERE IS PROVIDED “AS IS” A MATERIAL BREACH OF THE ABOVE WARRANTY, TEAMDYNAMIX’S ENTIRE LIABILITY AND “AS AVAILABLE” CLIENT’S ENTIRE REMEDY SHALL BE, AT TEAMDYNAMIX’S OPTION TO (I) MODIFY THE PROFESSIONAL SERVICES TO CONFORM TO THE DOCUMENTATION; (II) PROVIDE A REASONABLE WORKAROUND SOLUTION WHICH WILL REASONABLY MEET CLIENT’S REQUIREMENTS OR (III) IF NEITHER OF THE FOREGOING IS COMMERCIALLY REASONABLE, TERMINATE THE SOW AND TELESYSTEM MAKES REFUND TO CLIENT ALL SUMS PAID BY CLIENT FOR THE NONCONFORMING PROFESSIONAL SERVICES, WITH NO FURTHER LIABILITY TO TEAMDYNAMIX. THESE REMEDIES ARE CLIENT’S SOLE AND EXCLUSIVE REMEDIES FOR A CLAIM OF BREACH OF WARRANTY UNDER THIS ADDENDUM. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS SECTION 9, EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR EITHER EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED TO THE STATUTORY, OR OTHERWISE UNDER THIS ADDENDUM, AND TEAMDYNAMIX SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND ANY SIMILAR WARRANTYNON-INFRINGEMENT, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS AND ALL WARRANTIES ARISING FROM COURSE OF ANY LAW OF THE UNITED STATES DEALING, USAGE OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWPRACTICE.

Appears in 1 contract

Samples: License Agreement

Warranty Disclaimer. EACH RENTAL DEVICE EXCEPT FOR THE EXPRESS WARRANTIES SPECIFIED ABOVE IN SECTION 12.1 AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO 12.2, DYNATRACE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON- INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT FACTORS SUCH AS CHANGES TO CUSTOMER’S MONITORING PROFILE, NETWORK ISSUES, VERSIONS OF CUSTOMER APPLICATIONS, CORRUPTED, INCOMPLETE AND/OR INTERRUPTED DATA RECEIVED BY DYNATRACE FROM CUSTOMER’S SITE(S), MAY HAVE A MATERIAL IMPACT ON THE ACCURACY, RELIABILITY, AVAILABILITY AND/OR TIMELINESS OF RESULTS, AND DYNATRACE SHALL NOT BE RESPONSIBLE FOR ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS SUCH FACTORS. DYNATRACE DOES NOT WARRANT THAT: (A) THE USE OF ANY LAW DYNATRACE PRODUCT OR DELIVERABLES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE PRODUCTS OR DELIVERABLES OR ANY INFORMATION OBTAINED THROUGH THE PRODUCTS OR DELIVERABLES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED CUSTOMER DATA WILL BE ACCURATE OR RELIABLE; OR (D) THE PRODUCTS OR DELIVERABLES WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, OR THAT ERRORS OR DEFECTS THEREIN WILL BE CORRECTED. DYNATRACE IS NOT RESPONSIBLE FOR THE IMPACT ON THE ACCURACY, RELIABILITY, AVAILABILITY AND/OR TIMELINESS OF RESULTS OF FACTORS OUTSIDE ITS REASONABLE CONTROL, INCLUDING CHANGES TO CUSTOMER’S MONITORING PROFILE, CUSTOMER NETWORK ISSUES, VERSIONS OF CUSTOMER APPLICATIONS, CORRUPTED, INCOMPLETE AND/OR INTERRUPTED DATA RECEIVED FROM CUSTOMER’S SITE(S) OR OTHER PROBLEMS INHERENT IN THE USE OF THE UNITED STATES OR INTERNET AND ELECTRONIC COMMUNICATIONS. DYNATRACE IS NOT RESPONSIBLE FOR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY DELAYS, DELIVERY FAILURES, OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY DAMAGES RESULTING FROM SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWPROBLEMS.

Appears in 1 contract

Samples: Master Subscription Agreement

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM RANGE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM RANGE MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). THE ENTIRE RISK ASSOCIATED WITH THE USE OF ANY RENTAL DEVICE SHALL BE BORNE SOLELY BY YOU. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM RANGE CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

Appears in 1 contract

Samples: Range Equipment Lease Program and Rental Agreement

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED EXCEPT AS SET FORTH UNDER THIS CLAUSE 4 OR AS OTHERWISE SPECIFIED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM AGREEMENT, SUPPLIER MAKES NO OTHER WARRANTY WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER, AND DISCLAIMS ALL STATUTORY OR IMPLIED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE INCLUDING CUSTOMERS BUSINESS REQUIREMENTS. ANY BETA SERVICES ARE PROVIDED “AS IS” AND EXCLUSIVE OF ANY WARRANTY WHATSOEVER. SUPPLIER DOES NOT WARRANT THAT THE SERVICES ARE ERROR- FREE, UNINTERRUPTED OR CONTINUOUS OR THAT IT IS COMPATIBLE WITH CUSTOMER’S SYSTEMS (OTHER THAN AS SPECIFIED IN THE DOCUMENTATION) SUPPLIER SHALL HAVE NO LIABILITY FOR ANY LOSS, OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN ANY INFORMATION, INSTRUCTIONS OR SCRIPTS PROVIDED TO SUPPLIER BY CUSTOMER IN CONNECTION WITH THE SERVICES, OR ANY ACTIONS TAKEN BY SUPPLIER AT CUSTOMER’S DIRECTION. FURTHER, SUPPLIER SHALL HAVE NO LIABILITY FOR ANY DELAYS, DELIVERY FAILURES, LIMITATIONS TO THE SERVICES AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OTHER LOSS OR DAMAGE INCURRED ARISING FROM OR RELATED TO CUSTOMER’S OR ANY STATE THEREOF AUTHORIZED USER’S NETWORK CONNECTIONS, OR TELECOMMUNICATIONS LINKS, OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWINTERNET ISSUES.

Appears in 1 contract

Samples: Master Services Agreement

Warranty Disclaimer. EACH RENTAL DEVICE EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE PRODUCT AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION EXTRAHOP SERVICES ARE PROVIDED WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” NO OTHER WARRANTIES OF ANY KIND, AND “AS AVAILABLE” AND TELESYSTEM MAKES NO EXTRAHOP DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTYPURPOSE, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS NOR DOES EXTRAHOP WARRANT THE ACCURACY OR COMPLETENESS OF ANY LAW INFORMATION OR DATA ACCESSED OR USED IN CONNECTION WITH THE PRODUCT. EXTRAHOP DOES NOT WARRANT THAT THE USE OF, OR ACCESS TO, THE PRODUCT WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. CUSTOMER HEREBY ACKNOWLEDGES THE NEED TO MAKE PERIODIC BACKUP COPIES OF THE UNITED STATES DATA AND CONFIGURATION STORED ON THE PRODUCT AS A PRECAUTION AGAINST POSSIBLE FAILURES, ALTERATION OR LOSS. BEFORE RETURNING THE PRODUCT FOR ANY STATE THEREOF REASON, CUSTOMER SHOULD REMOVE ANY CONFIDENTIAL, PROPRIETARY OR PERSONAL INFORMATION. EXTRAHOP IS NOT RESPONSIBLE FOR DAMAGE TO OR LOSS OF, OR SECURITY OF ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS PROGRAMS, DATA, CONFIGURATION, OR WARRANTIES THAT PHYSICAL MEDIA.EXTRAHOP IS NOT RESPONSIBLE FOR THE RESTORATION OR REINSTALLATION OF ANY RENTAL DEVICE WILL BE PROGRAMS, DATA, OR CONFIGURATION OTHER THAN THE SOFTWARE INSTALLED BY EXTRAHOP WHEN THE PRODUCT WAS INITIALLY DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWCUSTOMER.

Appears in 1 contract

Samples: General Terms and Conditions

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM ITRON MAKES NO WARRANTY OF ANY KIND RELATING TO SERVICES AND DISCLAIMS ALL IMPLIED WARRANTIES, EXPRESS OR IMPLIEDINCLUDING WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO THE (I) IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, (II) WARRANTIES OF TITLE AND ANY SIMILAR WARRANTYAGAINST INFRINGEMENT, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS AND (III) WARRANTIES ARISING FROM A COURSE OF ANY LAW OF THE UNITED STATES DEALING, USAGE OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOUPRACTICE. TO THE EXTENT THAT TELESYSTEM ANY IMPLIED WARRANTY CANNOT DISCLAIM ANY BE EXCLUDED, SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, IS LIMITED IN DURATION TO THE SCOPE EXPRESS WARRANTY PERIOD. ITRON AND DURATION OF SUCH WARRANTY ITS SUPPLIERS DO NOT WARRANT OR REPRESENT THAT SERVICES OR EQUIPMENT WILL BE FREE FROM BUGS, ERRORS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE. ITRON ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ITS DATA CENTERS OR DATA CENTERS OF ITS VENDORS VIA WAN, CELLULAR OR OTHER PUBLIC COMMUNICATIONS OR BROADBAND SYSTEMS (INCLUDING OUTAGES, DEVICE NON-REACHABILITY, LOSS OR INACCURATE READING) OR FOR ANY CONSEQUENCES, LOSSES, OR DAMAGES ARISING FROM CHANGES MADE BY CUSTOMER TO THE MINIMUM PERMITTED CONTENT OR PROGRAMMING OF EQUIPMENT (UNLESS CAUSED BY A DEFECTIVE PRODUCT). THESE DISCLAIMERS WILL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED UNDER SUCH LAWTHIS AGREEMENT.

Appears in 1 contract

Samples: And Field Tools Solution Agreement

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED EXCEPT AS EXPRESSLY SET FORTH IN CONNECTION WITH THIS RENTAL AGREEMENT IS AGREEMENT, THE PRODUCTS ARE BEING PROVIDED TO PURCHASER “AS IS” WITHOUT WARRANTY OF ANY KIND AND “AS AVAILABLE” AND TELESYSTEM MAKES NO MCI DISCLAIMS TO PURCHASER ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS IS THE ONLY WARRANTY GIVEN BY XXX. IN NO EVENT WILL MCI BE LIABLE FOR ANY INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INDIRECT DAMAGES, LOSS OF PROFITS, LOSS OF REVENUES, OR LOSS OF USE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. MCI’S LIABILITY FOR DAMAGES ARISING OUT OF, OR RELATING TO A PRODUCT OR ORDER, IS LIMITED TO THE LOWER OF CATALOG OR CONTRACT PRICE FOR THE SPECIFIC PRODUCT THAT GIVES RISE TO THE CLAIM. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER LIABILITY ARISES FROM BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), BY OPERATION OR LAW, OR OTHERWISE. TO THE EXTENT ALLOWED BY APPLICABLE LAW MCI EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTYPURPOSE. No other person or business organization (including employees or sales representatives of MCI or TRUE BLUE POWER) are authorized to extend any other express warranty on behalf of MCI, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWeither orally or in writing.

Appears in 1 contract

Samples: Supply and Warranty Agreement

Warranty Disclaimer. EACH RENTAL DEVICE EXCEPT FOR THE LIMITED WARRANTY IN SECTION 7.1, THE LEARNING SERVICES AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS LEARNING SERVICES PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO ”. NEITHER POSIT NOR ITS SUPPLIERS MAKE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO STATUTORY OR OTHERWISE, AND EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW NON-INFRINGEMENT. POSIT DOES NOT WARRANT THAT CUSTOMER’S USE OF THE UNITED STATES LEARNING SERVICES OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE LEARNING SERVICES PLATFORM WILL BE DELIVERED SECURE, UNINTERRUPTED OR ERROR-FREE, NOR DOES POSIT WARRANT THAT THE RESULTS FROM USE OF THE LEARNING SERVICES OR LEARNING SERVICES PLATFORM WILL MEET CUSTOMER’S OR ITS USERS’ EXPECTATIONS OR WILL BE ACCURATE OR RELIABLE. POSIT DOES NOT WARRANT THAT POSIT WILL REVIEW THE CUSTOMER DATA SUBMITTED TO YOU BY A PARTICULAR DATE THE POSIT PLATFORM FOR ACCURACY OR IS FREE THAT IT WILL PRESERVE OR MAINTAIN THE CUSTOMER DATA WITHOUT LOSS OR CORRUPTION. POSIT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF RIGHTFUL CLAIMS OF ANY THE INTERNET AND ELECTRONIC COMMUNICATIONS, THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY SERVICES OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET SYSTEMS OUTSIDE THE REASONABLE CONTROL OF POSIT. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS). SOME JURISDICTIONS DO NOT PERMIT , BUT THE DISCLAIMER DURATION OF CERTAIN WARRANTIES AND STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOUSHORTEST PERIOD PERMITTED BY LAW. TO THE MAXIMUM EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF PERMITTED BY APPLICABLE LAW, POSIT’S LIABILITY UNDER ANY IMPLIED OR STATUTORY WARRANTY, CONDITION, TERM, REPRESENTATION, UNDERTAKING OR GUARANTY WHICH CANNOT BE LEGALLY EXCLUDED IS LIMITED IN RESPECT OF THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE SERVICES TO SUPPLYING THE MINIMUM PERMITTED UNDER SUCH LAWLEARNING SERVICES AGAIN. No Posit reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

Appears in 1 contract

Samples: Learning Services Agreement

Warranty Disclaimer. EACH RENTAL DEVICE MAXIMIZER MAKES NO WARRANTY CONCERNING THE SOFTWARE OR SERVICES, AND ANY TELEPHONE HARDWARE PURCHASED CUSTOMER ACKNOWLEDGES THAT MAXIMIZER’S SOLE OBLIGATION WITH REGARD TO THE SOFTWARE IS TO PROVIDE THE SUPPORT SERVICES DESCRIBED IN SECTION 2.3. ACCORDINGLY, THE SOFTWARE, MAXIMIZER TECHNOLOGY AND ALL OTHER DATA, MATERIALS, AND DOCUMENTATION PROVIDED IN CONNECTION WITH THIS RENTAL AGREEMENT IS BY MAXIMIZER AND ITS SUPPLIERS ARE PROVIDED “AS IS” AND “AS AVAILABLE,WITHOUT CONDITIONS, REPRESENTATIONS OR WARRANTIES OF ANY KIND. MAXIMIZER AND TELESYSTEM MAKES ITS SUPPLIERS MAKE NO WARRANTIESOTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR ANY COUNTRYUSAGE OF TRADE. TELESYSTEM MAXIMIZER DOES NOT WARRANT THAT THE SOFTWARE WILL PERFORM ERROR-FREE, UNINTERRUPTED, COMPLETELY SECURE, OR VIRUS-FREE. MAXIMIZER MAKES NO REPRESENTATIONS THAT THE SOFTWARE IS APPROPRIATE OR WARRANTIES AVAILABLE FOR USE IN THE LOCATION OF THE CUSTOMER. THOSE WHO ACCESS OR USE THE SOFTWARE ARE RESPONSIBLE TO ENSURE THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR THEIR USE IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF IN COMPLIANCE WITH APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LOCAL LAW.

Appears in 1 contract

Samples: Terms and Conditions

Warranty Disclaimer. EACH RENTAL DEVICE THE SERVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS CLIENT SOFTWARE ARE PROVIDED ON AN "AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO " BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS EXPRESS, IMPLIED, STATUTORY OR IMPLIEDOTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA, OR ITS EMPLOYEES, DIRECTORS, CONTRACTORS, OR AGENTS, BE LIABLE FOR ANY SIMILAR WARRANTYCONSEQUENTIAL, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE UNITED STATES USE OR ANY STATE THEREOF INABILITY TO USE THE CLIENT SOFTWARE OR ANY COUNTRYTHE SERVICE, EVEN IF INTERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TELESYSTEM MAKES IN NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE EVENT WILL BE DELIVERED INTERMEDIA’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THE MSA EXCEED THE AMOUNTS PAID BY YOU FOR ACCESS TO YOU BY A PARTICULAR DATE OR IS FREE AND USE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS THE SERVICE IN THE SIX (INCLUDING PATENT AND TRADE SECRET RIGHTS)6) MONTHS PRIOR TO EVENT GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT PERMIT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE DISCLAIMER EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING DISCLAIMERS ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

Appears in 1 contract

Samples: www.intermedia.com

Warranty Disclaimer. EACH RENTAL DEVICE ENVERUS DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT, AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING. ENVERUS DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTS WILL MEET REQUIREMENTS OR THAT THEY ARE SUITABLE FOR NEEDS OR THAT THE DATA OR RESULTS ARE CORRECT, ACCURATE, TIMELY, COMPLETE, SUITABLE, OR RELIABLE. PROPRIETARY DATA IS COMPILED FROM SOURCES BEYOND ENVERUS CONTROL AND ERRORS, GAPS, AND INACCURACIES MAY EXIST. THE PRODUCTS AND PROPRIETARY DATA ARE PROVIDED ON AN “AS IS, WITH ALL FAULTSBASIS WITHOUT WARRANTIES OF ANY KIND. CUSTOMER ASSUMES ALL RISK OF ERRORS AND “AS AVAILABLE” OMISSIONS IN THE PRODUCTS AND TELESYSTEM MAKES NO WARRANTIESPROPRIETARY DATA. CUSTOMER SHALL IMPLEMENT SUFFICIENT PROCEDURES AND CHECKS TO SATISFY ITS REQUIREMENTS FOR ACCURACY AND SUITABILITY AND MAINTAIN MEANS FOR THE RECONSTRUCTION OF LOST DATA. THE PRODUCTS ARE A SUPPLEMENT TO, EXPRESS OR IMPLIEDNOT A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL, AND JUDGMENT OF PROFESSIONALS. CUSTOMER ACCEPTS ALL RISKS IN ITS USE OF THE PRODUCTS INCLUDING BUT NOT LIMITED TO ANY INVESTMENT, ACQUISITION, DRILLING, WELL TREATMENT, PRODUCTION OR FINANCIAL DECISIONS. NO INFORMATION OBTAINED THROUGH USE OF THE IMPLIED WARRANTIES OF MERCHANTABILITY PRODUCTS SHALL CONSTITUTE TRADING ADVICE, TRADING RECOMMENDATIONS, OR TRADING INFORMATION. LOCAL SOFTWARE MAY INCLUDE THIRD- PARTY COMMERCIAL SOFTWARE LICENSED BY ENVERUS AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS SUBLICENSED TO CUSTOMER. LOCAL SOFTWARE MAY ALSO INCLUDE OR BE DISTRIBUTED WITH OPEN SOURCE SOFTWARE. THESE DISCLAIMERS SHALL APPLY REGARDLESS OF ANY LAW FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS ABOVE MAY NOT APPLY TO YOU. TO IN JURISDICTIONS THAT DO NOT ALLOW THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER EXCLUSION OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWCERTAIN WARRANTIES.

Appears in 1 contract

Samples: Agreement

Warranty Disclaimer. EACH RENTAL DEVICE AIA AND THE ACD ONLINE SERVICE DO NOT PROVIDE LEGAL ADVICE. MOREOVER, AIA MAKES NO REPRESENTATIONS OR WARRANTIES TO YOU ON AN INDIVIDUAL BASIS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS ASSOCIATED WITH OR AVAILABLE THROUGH THE ACD ONLINE SERVICE FOR ANY PURPOSE OR WITH RESPECT TO YOUR ABILITY TO ACHIEVE YOUR INTENDED RESULT. UNLESS OTHERWISE AGREED, THE ACD ONLINE SERVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS SUCH INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS ARE PROVIDED “AS IS” AND "AS AVAILABLE” AND TELESYSTEM MAKES NO WARRANTIES" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIEDINCLUDING, INCLUDING BUT NOT LIMITED TO THE WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, AND NON-INFRINGEMENT AS WELL AS ANY SIMILAR WARRANTYWARRANTY RELATED TO THE USE, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OR THE RESULTS OF THE UNITED STATES USE, OF THE ACD ONLINE SERVICE OR DOCUMENTATION ASSOCIATED THEREWITH IN TERMS OF AVAILABILITY, ACCURACY, SECURITY, RELIABILITY, OR OTHERWISE. AIA ALSO DOES NOT WARRANT THAT THE ACD ONLINE SERVICE WILL ENABLE YOU TO MEET OR ACHIEVE ANY STATE THEREOF CERTIFICATION OR ANY COUNTRYLEGAL STANDARD OR OPERATE ERRORFREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. ENTIRE RISK AS TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER AVAILABILITY, QUALITY, AND PERFORMANCE OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWACD ONLINE SERVICE IS WITH YOU.

Appears in 1 contract

Samples: Terms of Service

Warranty Disclaimer. EACH RENTAL DEVICE THE SERVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS CLIENT SOFTWARE ARE PROVIDED ON AN "AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO " BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS EXPRESS, IMPLIED, STATUTORY OR IMPLIEDOTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA, OR ITS EMPLOYEES, DIRECTORS, CONTRACTORS, OR AGENTS, BE LIABLE FOR ANY SIMILAR WARRANTYCONSEQUENTIAL, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE UNITED STATES USE OR ANY STATE THEREOF INABILITY TO USE THE CLIENT SOFTWARE OR ANY COUNTRYTHE SERVICE, EVEN IF INTERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TELESYSTEM MAKES IN NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE EVENT WILL BE DELIVERED INTERMEDIA’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THE MSA EXCEED THE AMOUNTS PAID BY YOU ACCESS TO YOU BY A PARTICULAR DATE OR IS FREE AND USE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS THE SERVICE IN THE SIX (INCLUDING PATENT AND TRADE SECRET RIGHTS)6) MONTHS PRIOR TO EVENT GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT PERMIT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE DISCLAIMER EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING DISCLAIMERS ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

Appears in 1 contract

Samples: www.intermedia.com

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM SMART CITY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM SMART CITY MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). THE ENTIRE RISK ASSOCIATED WITH THE USE OF ANY RENTAL DEVICE SHALL BE BORNE SOLELY BY YOU. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM SMART CITY CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

Appears in 1 contract

Samples: Hosted Voice Services

Warranty Disclaimer. EACH RENTAL DEVICE EXCEPT AS PROVIDED IN THIS CLAUSE 14, THIS AGREEMENT EXCLUDES, AND NECP HEREBY SPECIFICALLY AND CATEGORICALLY DISCLAIMS, ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE IMPLEMENTATION SERVICES, INCLUSIVE TECHNICAL SUPPORT, ADDITIONAL TECHNICAL SUPPORT, CONSULTING, OPERATIONS ACTIVITIES, PROCESSING SERVICES AND DIGITAL BANKING TECHNOLOGIES, OR ANY COMPONENTS OR PARTS THEREOF, AND/OR ANY OTHER TECHNOLOGY PRODUCT OR SERVICE PROVIDED BY NECP TO CLIENT HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED TO, WARRANTIES OF MERCHANTABILITY AND QUALITY, PERFORMANCE, NON-INFRINGEMENT, MARKETABILITY AND/OR FITNESS FOR A ANY PARTICULAR PURPOSE DEFINED OR UNDEFINED. NOR ARE THERE ANY WARRANTIES CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE. NECP DOES NOT WARRANT THAT THE IMPLEMENTATION SERVICES, INCLUSIVE TECHNICAL SUPPORT, ADDITIONAL TECHNICAL SUPPORT, CONSULTING, OPERATIONS ACTIVITIES, PROCESSING SERVICES AND ANY SIMILAR WARRANTYDIGITAL BANKING TECHNOLOGIES WILL MEET CLIENTS NEEDS, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OR BE USABLE WITHOUT THE NEED TO OBTAIN LICENSES FROM THIRD PARTIES FOR PROPRIETARY PROCESSES OR TECHNOLOGIES; OR THAT ALL ERRORS CAN BE CORRECTED, OR THAT PROVISION OF THE UNITED STATES IMPLEMENTATION SERVICES, INCLUSIVE TECHNICAL SUPPORT, ADDITIONAL TECHNICAL SUPPORT, CONSULTING, OPERATIONS ACTIVITIES, PROCESSING SERVICES AND DIGITAL BANKING TECHNOLOGIES AND OTHER SOFTWARE OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE SERVICES USED IN CONNECTION THEREWITH WILL BE DELIVERED TO YOU BY A PARTICULAR DATE UNINTERRUPTED OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS)ERROR-FREE. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO EXCEPTIONS ARE AN INTRINSIC AND ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, BASIS FOR DETERMINING THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWCHARGES.

Appears in 1 contract

Samples: Banking Platform Operating Agreement (AppTech Corp.)

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED XXXXX WARRANTS THAT THE PRODUCT WILL, FOR A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF YOUR RECEIPT, PERFORM SUBSTANTIALLY IN CONNECTION ACCORDANCE WITH THIS RENTAL AGREEMENT PRODUCT WRITTEN MATERIALS ACCOMPANYING IT. EXCEPT AS EXPRESSLY SET FORTH IN THE FOREGOING, CUSTOMER ACKNOWLEDGES THAT THE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND “AS AVAILABLE” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. TUFIN TECHNOLOGIES, IT'S LICENSORS AND TELESYSTEM MAKES NO AFFILIATES, EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF OR THAT THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE PRODUCT WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF NOT INFRINGE ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY PATENTS, COPYRIGHTS, TRADEMARKS, OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THERE IS NO WARRANTY BY TUFIN TECHNOLOGIES OR BY ANY OTHER PARTY THAT THE DISCLAIMER FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE OPERATION OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. CUSTOMER ASSUMES ALL RESPONSIBILITY AND RISK FOR THE MINIMUM PERMITTED UNDER SUCH LAWSELECTION OF THE PRODUCT TO ACHIEVE CUSTOMER’S INTENDED RESULTS AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM IT.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimer. EACH RENTAL DEVICE TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE PROGRAM AND DOCUMENTATION ARE PROVIDED WITHOUT ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS AND YOU AGREE TO USE THEM AT YOUR SOLE RISK. NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY RIGHT OR REMEDY, OR ANY GUARANTEE, WARRANTY OR OTHER TERM OR CONDITION IMPLIED OR IMPOSED BY LEGISLATION WHICH CANNOT BE LAWFULLY BE EXCLUDED OR LIMITED (EACH A "NON EXCLUDABLE PROVISION"). SUCH LEGISLATION INCLUDES THE AUSTRALIAN CONSUMER LAW WHICH CONTAINS GUARANTEES THAT PROTECT THE PURCHASERS OF GOODS OR SERVICES IN CERTAIN CIRCUMSTANCES. SUBJECT TO Panasonic'S OBLIGATIONS UNDER THE NON-EXCLUDABLE PROVISIONS AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Panasonic EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM AND DOCUMENTATION, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, INCLUDING BUT NOT LIMITED TO THE IMPLIED ANY WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTYPURPOSE, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES SATISFACTORY QUALITY, ACCURACY, TITLE OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWNON-INFRINGEMENT.

Appears in 1 contract

Samples: Software End User License Agreement

Warranty Disclaimer. EACH RENTAL DEVICE YOU EXPRESSLY ACKNOWLEDGE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION AGREE THAT USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH THIS RENTAL AGREEMENT YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND XXXX-1 AND XXXX-1'S AFFILIATES (COLLECTIVELY REFERRED TO AS AVAILABLE” "XXXX-1" FOR THE PURPOSES OF SECTIONS VIII AND TELESYSTEM MAKES NO WARRANTIESIX) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT, EXPRESS EITHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS NON-INFRINGEMENT OF ANY LAW THIRD PARTY RIGHTS. XXXX-1 DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES SOFTWARE PRODUCT, THAT ANY RENTAL DEVICE THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE DELIVERED TO UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XXXX-1 OR XXXX-1’S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PRODUCT PROVE DEFECTIVE, YOU BY A PARTICULAR DATE ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS)CORRECTION. SOME JURISDICTIONS DO NOT PERMIT ALLOW THE DISCLAIMER EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND THE FOREGOING DISCLAIMERS LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

Appears in 1 contract

Samples: License Agreement

Warranty Disclaimer. EACH RENTAL DEVICE TO THE FULL EXTENT PERMITTED BY LAW, APART FROM THE FOREGOING WARRANTIES, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, LIABILITIES AND OBLIGATIONS WHETHER EXPRESS OR IMPLIED ARISING FROM NEGLIGENCE OR IMPOSED BY STATUTE OR OTHERWISE, IN RESPECT OF THE SUPPLY AND OPERATION OF THE PRODUCTS AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO WARRANTIES, EXPRESS OR IMPLIEDRELATED SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED ANY WARRANTIES OF MERCHANTABILITY AND AS MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTYPURPOSE, WHETHER SAID WARRANTY ARISES OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED. IN NO EVENT WILL METACREATIONS BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER PROVISIONS OF ANY LAW THIS SECTION EVEN IF METACREATIONS HAS BEEN ADVISED OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION POSSIBILITY OF SUCH WARRANTY WILL DAMAGES. METACREATIONS' LIABILITY FOR DAMAGES SHALL NOT EXCEED THE PURCHASE PRICE RECEIVED BY METACREATIONS FOR THE USE OF THE PRODUCTS THAT ARE THE BASIS OF METACREATIONS' LIABILITY. FURTHERMORE, ANY CAUSE OF ACTION ON ANY MATTER FOR WHICH METACREATIONS IS LIABLE HEREUNDER MUST BE BROUGHT BY DISTRIBUTOR WITHIN TWELVE (12) MONTHS AFTER THE MINIMUM PERMITTED UNDER SUCH LAWDATE HEREOF, DISTRIBUTOR HEREBY WAIVING ANY OTHER STATUTE OF LIMITATIONS WHICH MAY BE APPLICABLE.

Appears in 1 contract

Samples: Software Distribution Agreement (Metacreations Corp)

Warranty Disclaimer. EACH RENTAL DEVICE Licensee acknowledges that: use of the Package OR ANY SUPPORT SERVICES may result in unexpected results, loss of data or other unpredictable damage or loss to Licensee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THE PACKAGE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS SUPPORT SERVICES ARE BEING PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DESKALERTS, ITS AFFILIATES AND “AS AVAILABLE” ITS OR THEIR RESPECTIVE LICENSORS MAKE NO WARRANTIES OR GUARANTEES OR REPRESENTATIONS, AND TELESYSTEM MAKES NO WARRANTIESEXPLICITLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED ORAL OR WRITTEN, OF ANY KIND OR NATURE, WITH RESPECT TO THE PACKAGE, ANY SUPPORT SERVICES, THE USE OR DISTRIBUTION THEREOF, INCLUDING ANY MODIFICATION THEREOF BY LICENSEE OR ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE OR NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT, ACCURACY, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE, AND ALL WARRANTIES IMPLIED FROM ANY SIMILAR WARRANTYCOURSE OF DEALING OR USAGE OF TRADE. DESKALERTS DOES NOT WARRANT THAT (A) THE PACKAGE OR ANY SUPPORT SERVICES WILL MEET LICENSEE’S REQUIREMENTS, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW (B) OPERATION OF THE UNITED STATES PACKAGE OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE SUPPORT SERVICES WILL BE DELIVERED TO YOU BY A PARTICULAR DATE UNINTERRUPTED OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT VIRUS- OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY ERROR-FREE, OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY C) DEFECTS WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWCORRECTED. 11.

Appears in 1 contract

Samples: License Agreement

Warranty Disclaimer. EACH RENTAL DEVICE AND EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, QUESTRADE: (A) DISCLAIMS ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO WARRANTIES, EXPRESS OR IMPLIEDIMPLIED WARRANTIES AND CONDITIONS, INCLUDING BUT NOT LIMITED WITHOUT LIMITATION ANY WARRANTIES AS TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE; AND ANY SIMILAR WARRANTY(B) DOES NOT WARRANT THAT THE QUESTRADE API WILL BE UNINTERRUPTED OR ERROR FREE, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OR THAT DEFECTS WILL BE CORRECTED. Security Disclaimer. LICENSEE ACKNOWLEDGES AND AGREES THAT LICENSEE IS SOLELY AND EXCLUSIVELY RESPONSIBLE FOR THE CONTROL, OPERATION AND SECURITY OF ANY LAW TRANSACTIONS AND COMMUNICATIONS MADE THROUGH ITS ACCESS TO OR USE OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRYQUESTRADE API. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES LICENSEE ACKNOWLEDGES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED DEAL EXECUTION TRADING SYSTEM INCLUDING, BUT NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAWLIMITED TO, THE SCOPE FAILURE OF HARDWARE, SOFTWARE, AND DURATION INTERNET CONNECTIONS. LICENSEE ACKNOWLEDGES THAT QUESTRADE DOES NOT CONTROL SIGNAL POWER, ITS RECEPTION OR ROUTING VIA THE INTERNET, CONFIGURATION OF SUCH WARRANTY WILL LICENSEE’S EQUIPMENT OR RELIABILITY OF ITS CONNECTION, AND QUESTRADE SHALL NOT BE RESPONSIBLE FOR ANY COMMUNICATION FAILURES, DISRUPTIONS, ERRORS, DISTORTIONS OR DELAYS LICENSEE MAY EXPERIENCE WHEN TRADING VIA THE MINIMUM PERMITTED UNDER SUCH LAWINTERNET USING THE QUESTRADE API.

Appears in 1 contract

Samples: License Agreement

Warranty Disclaimer. EACH RENTAL DEVICE Except as specifically set forth in Section 5.1 above, no further warranty of any kind is being provided by Plucom Technology, including, without limitation, any warranty that the Software and Source Code shall be free from defects in design, material or workmanship. LICENSEE ASSUMES TOTAL RESPONSIBILITY FOR THE USE OF THE SOFTWARE AND SOURCE CODE, AND THE SOFTWARE AND SOURCE CODE ARE PROVIDED ON AN "AS-IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT AS SPECIFICALLY SET FORTH IN SECTION 5.1, THE SOFTWARE AND SOURCE CODE ARE PROVIDED WITHOUT WARRANTIES OF ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO WARRANTIESKIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED AND WHETHER ARISING UNDER LAW OR FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE (COLLECTIVELY, "DISCLAIMED WARRANTIES"), INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED BY PLUCOM TECHNOLOGY AND ANY SIMILAR WARRANTYFOREVER WAIVED BY LICENSEE. NO ADVICE OR INFORMATION GIVEN BY PLUCOM TECHNOLOGY, WHETHER SAID ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY ARISES UNDER PROVISIONS OR OBLIGATION OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRYPLUCOM TECHNOLOGY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS In the event that any of the Disclaimed Warranties cannot be disclaimed or waived under applicable law, Licensee's sole and exclusive remedy for breach of such Disclaimed Warranty will be, at Plucom Technology’s sole discretion, either (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAWi) the replacement of the Source Code, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWat no additional cost to Licensee, or (ii) the refund of any License Fees actually paid by Licensee under this Agreement.

Appears in 1 contract

Samples: Licensing and Confidentiality Agreement

Warranty Disclaimer. EACH RENTAL DEVICE NINTENDO DISCLAIMS ANY AND ALL WARRANTIES OF THE ------------------- LICENSED PRODUCTS AS BETWEEN NINTENDO AND LICENSEE AND AS BETWEEN NINTENDO AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “THIRD PARTY PURCHASERS FROM LICENSEE. LICENSEE PURCHASES AND ACCEPTS ALL LICENSED PRODUCTS FROM NINTENDO ON AN "AS IS" AND “AS AVAILABLE” "WHERE IS" BASIS AND TELESYSTEM MAKES NO WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED . WITH RESPECT TO THE IMPLIED LICENSED PRODUCTS, NINTENDO DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A GENERAL OR PARTICULAR PURPOSE AND SHALL IN NO EVENT BE LIABLE FOR ANY SIMILAR WARRANTYINCIDENTAL AND/OR CONSEQUENTIAL DAMAGES OF LICENSEE, WHETHER SAID ITS RETAILERS OR CUSTOMERS. LICENSEE SHALL BE SOLELY RESPONSIBLE FOR PROVIDING WARRANTY ARISES UNDER PROVISIONS OF AND REPAIR/REPLACEMENT SERVICES FOR ANY LAW OF DEFECTIVE LICENSED PRODUCTS. NOTWITHSTANDING THE UNITED STATES OR CONDITIONS SET FORTH IN THIS PARAGRAPH, NINTENDO WILL USE ITS BEST EFFORTS TO RESOLVE ANY STATE THEREOF OR ANY COUNTRYCATASTROPHIC DEFECT IN THE LICENSED PRODUCTS PURCHASED BY LICENSEE FROM NINTENDO. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR "CATASTROPHIC DEFECT" IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY DEFINED AS A MATTER MANUFACTURING DEFECT RATE OF APPLICABLE LAW, THE SCOPE AND DURATION FIVE PERCENT (5%) OR GREATER IN ANY SHIPMENT OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWLICENSED PRODUCTS TO LICENSEE.

Appears in 1 contract

Samples: Confidential License Agreement (Interplay Entertainment Corp)

Warranty Disclaimer. EACH RENTAL DEVICE CUSTOMER EXPRESSLY ACKNOWLEDGES AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE IS AT CUSTOMER’S SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH THIS RENTAL AGREEMENT CUSTOMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DIGITAL CHECK AND ITS LICENSORS, SUPPLIERS, AND DISTRIBUTORS (COLLECTIVELY REFERRED TO AS “DIGITAL CHECKFOR THE PURPOSES OF THIS SECTION 7) HEREBY DISCLAIM ALL WARRANTIES AND TELESYSTEM MAKES NO WARRANTIESCONDITIONS WITH RESPECT TO THE SOFTWARE, EXPRESS EITHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, ACCURACY, QUIET ENJOYMENT, AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE UNITED STATES FOREGOING, DIGITAL CHECK DOES NOT WARRANT AGAINST INTERFERENCE WITH CUSTOMER’S ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR ANY STATE THEREOF SERVICES PERFORMED OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES PROVIDED BY, THE SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS, THAT ANY RENTAL DEVICE THE OPERATION OF THE SOFTWARE WILL BE DELIVERED TO YOU UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD-PARTY SOFTWARE OR APPLICATIONS OR THIRD-PARTY SERVICES. INSTALLATION OF THE SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD-PARTY SOFTWARE OR APPLICATIONS OR THIRD-PARTY SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DIGITAL CHECK OR A PARTICULAR DATE DIGITAL CHECK AUTHORIZED RESELLER OR REPRESENTATIVE WILL CREATE A WARRANTY. (b) HIGH-RISK USE DISCLAIMER. CUSTOMER FURTHER ACKNOWLEDGES THAT THE SOFTWARE IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY NOT INTENDED OR SUITABLE FOR INFRINGEMENT USE IN SITUATIONS OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY ENVIRONMENTS WHERE THE FAILURE OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAWTIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE CONTENT, DATA OR INFORMATION PROVIDED BY THE MINIMUM PERMITTED UNDER SUCH LAWSOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

Appears in 1 contract

Samples: Global Software Terms of Service Agreement

Warranty Disclaimer. EACH RENTAL DEVICE AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE COLLABORATION AGREEMENT, STOCK PURCHASE AGREEMENT OR INVESTOR AGREEMENT, NEITHER PARTY MAKES ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO WARRANTIESREPRESENTATION OR EXTENDS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE OTHER PARTY WITH RESPECT TO ANY TECHNOLOGY, COLLABORATION PRODUCT, GOODS, SERVICES, RIGHTS OR OTHER SUBJECT MATTER OF THE COLLABORATION AGREEMENT AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO ANY SIMILAR WARRANTYAND ALL OF THE FOREGOING. EACH PARTY HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE DEVELOPMENT, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS MANUFACTURE OR COMMERCIALIZATION OF ANY LAW COLLABORATION PRODUCT PURSUANT TO THE COLLABORATION AGREEMENT SHALL BE SUCCESSFUL OR THAT ANY PARTICULAR SALES LEVEL WITH RESPECT TO ANY COLLABORATION PRODUCT SHALL BE ACHIEVED. CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRYSECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.MASTER AGREEMENT

Appears in 1 contract

Samples: Master Agreement (Alnylam Pharmaceuticals, Inc.)

Warranty Disclaimer. EACH RENTAL DEVICE THE SERVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS CLIENT SOFTWARE ARE PROVIDED ON AN "AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO " BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XBAND ENTERPRISES DISCLAIMS ALL WARRANTIES, EXPRESS EXPRESS, IMPLIED, STATUTORY OR IMPLIEDOTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL XBAND ENTERPRISES, OR ITS EMPLOYEES, DIRECTORS, CONTRACTORS, OR AGENTS, BE LIABLE FOR ANY SIMILAR WARRANTYCONSEQUENTIAL, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE UNITED STATES USE OR ANY STATE THEREOF INABILITY TO USE THE CLIENT SOFTWARE OR ANY COUNTRYTHE SERVICE, EVEN IF XBAND ENTERPRISES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TELESYSTEM MAKES IN NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE EVENT WILL BE DELIVERED XBAND ENTERPRISES AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THE MSA EXCEED THE AMOUNTS PAID BY YOU ACCESS TO YOU BY A PARTICULAR DATE OR IS FREE AND USE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS THE SERVICE IN THE SIX (INCLUDING PATENT AND TRADE SECRET RIGHTS)6) MONTHS PRIOR TO EVENT GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT PERMIT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE DISCLAIMER EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING DISCLAIMERS ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

Appears in 1 contract

Samples: www.xbandenterprises.com

Warranty Disclaimer. EACH RENTAL DEVICE AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE CO-CO LICENSE TERMS, NEITHER PARTY MAKES ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO WARRANTIESREPRESENTATION OR EXTENDS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE OTHER PARTY WITH RESPECT TO ANY TECHNOLOGY, CO-CO LICENSED PRODUCT, GOODS, SERVICES, RIGHTS OR OTHER SUBJECT MATTER OF THESE CO-CO LICENSE TERMS AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO ANY SIMILAR WARRANTYAND ALL OF THE FOREGOING. EACH PARTY HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE DEVELOPMENT, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS MANUFACTURE OR COMMERCIALIZATION OF ANY LAW CO-CO LICENSED PRODUCT PURSUANT TO THESE CO-CO LICENSE TERMS WILL BE SUCCESSFUL OR THAT ANY PARTICULAR SALES LEVEL WITH RESPECT TO ANY CO-CO LICENSED PRODUCT WILL BE ACHIEVED. CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRYSECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.CO-CO LICENSE TERMS

Appears in 1 contract

Samples: Master Agreement (Alnylam Pharmaceuticals, Inc.)

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT 5.1. THE SOFTWARE IS PROVIDED “AS TO YOU ON AN "AS-IS" BASIS. WEIDMUELLER PROVIDES NO TECHNICAL SUPPORT FOR THIS SOFTWARE, WARRANTIES OR REMEDIES FOR THE SOFTWARE. 5.2. WEIDMUELLER AND “AS AVAILABLE” ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND TELESYSTEM MAKES NO WARRANTIESREPRESENTATIONS, EXPRESS OR WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW TITLE OR QUIET ENJOYMENT. WEIDMUELLER DOES NOT WARRANT THAT THE SOFTWARE IS ERRORFREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE UCC WILL BE DELIVERED TO CONFERRED ON YOU BY A PARTICULAR DATE UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED OR IS FREE LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF RIGHTFUL CLAIMS NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. WEIDMUELLER SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. 5.3. IF APPLICABLE LAW REQUIRES ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. WITH RESPECT TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SOFTWARE, ALL SUCH WARRANTY AS A MATTER WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWDELIVERY.

Appears in 1 contract

Samples: Software License Agreement

Warranty Disclaimer. EACH RENTAL DEVICE TEAMDYNAMIX WARRANTS THAT THE PROFESSIONAL SERVICES WILL BE PERFORMED IN A WORKMANLIKE MANNER AND ANY TELEPHONE HARDWARE PURCHASED WITH PROFESSIONAL DILIGENCE AND SKILL, IN CONNECTION ACCORDANCE WITH THIS RENTAL AGREEMENT ADDENDUM AND THE DOCUMENTATION. IF THERE IS PROVIDED “AS IS” A MATERIAL BREACH OF THE ABOVE WARRANTY, TEAMDYNAMIX’S ENTIRE LIABILITY AND “AS AVAILABLE” CLIENT’S ENTIRE REMEDY SHALL BE, AT TEAMDYNAMIX’S OPTION TO (I) MODIFY THE PROFESSIONAL SERVICES TO CONFORM TO THE TERMS OF THE SOW; (II) PROVIDE A REASONABLE WORKAROUND SOLUTION WHICH WILL REASONABLY MEET CLIENT’S REQUIREMENTS OR (III) IF NEITHER OF THE FOREGOING IS COMMERCIALLY REASONABLE, TERMINATE THE SOW AND TELESYSTEM MAKES REFUND TO CLIENT ALL SUMS PAID BY CLIENT FOR THE NONCONFORMING PROFESSIONAL SERVICES, WITH NO FURTHER LIABILITY TO TEAMDYNAMIX. THESE REMEDIES ARE CLIENT’S SOLE AND EXCLUSIVE REMEDIES FOR A CLAIM OF BREACH OF WARRANTY UNDER THIS ADDENDUM. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS SECTION 9, EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR EITHER EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED TO THE STATUTORY, OR OTHERWISE UNDER THIS ADDENDUM, AND TEAMDYNAMIX SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND ANY SIMILAR WARRANTYNON-INFRINGEMENT, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS AND ALL WARRANTIES ARISING FROM COURSE OF ANY LAW OF THE UNITED STATES DEALING, USAGE OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWPRACTICE.

Appears in 1 contract

Samples: License Agreement

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Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS UNLESS OTHERWISE EXPRESSLY PROVIDED BY THE SPECIAL AGREEMENT, REGULATING USE OF A PARTICULAR GAME SERVICE, THE GAME SERVICES WILL FUNCTION BY THE PRINCIPLE "AS IS", WHICH MEANS WITHOUT QUALITY WARRANTIES AND “AS AVAILABLE” AND TELESYSTEM MAKES NO WARRANTIES, EXPRESS SUITABILITY FOR ANY OBVIOUS OR IMPLIED, INCLUDING BUT NOT LIMITED IMPLIED PURPOSES. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Ecoplay HEREBY WAIVES ANY EXPRESSED OR IMPLIED WARRANTIES THAT THE GAME SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, WILL CORRESPOND TO INDIVIDUAL REPRESENTATIONS AND EXPECTATIONS OF USERS. THUS, Ecoplay WILL TAKE ALL WELL GROUNDED COMMERCIALLY REASONABLE MEASURES FOR ENSURING OPERABILITY OF THE Ecoplay GAME SERVICES. Ecoplay SHALL HAVE THE RIGHT (AND IT IS AN ESSENTIAL CONDITION OF YOUR USE OF THE Ecoplay GAME SERVICES) AT ANY TIME TO SUSPEND OR STOP FUNCTIONING AND/OR ACCESS TO THE Ecoplay GAME SERVICES, FOR ALL OR SOME USERS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Ecoplay DISCLAIMS ANY OBVIOUS OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTYACCURACY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS RELEVANCE, HARMLESSNESS, ABSENCE OF ANY LAW VIRUSES, FAULTLESSNESS, LEGALITY AND/OR RELIABILITY OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRYINFORMATION, DATA, MATERIALS, AS WELL AS GAMES PROVIDED BY Ecoplay, OTHER USERS OF Ecoplay. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES Ecoplay DOES NOT WARRANT THAT ANY RENTAL CHARACTERISTICS OF YOUR PERSONAL COMPUTER, MOBILE DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS)DEVICE ARE SUFFICIENT TO USE Ecoplay GAME SERVICES. SOME JURISDICTIONS DO NOT PERMIT PLEASE LEARN IN ADVANCE THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY SYSTEM REQUIREMENTS SHOWN IN PARTICULAR GAME SERVICES TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWYOUR COMPUTER DEVICE OR MOBILE DEVICE.

Appears in 1 contract

Samples: Ecoplay Games

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED TUFIN WARRANTS THAT THE PRODUCT WILL, FOR A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF YOUR RECEIPT, PERFORM SUBSTANTIALLY IN CONNECTION ACCORDANCE WITH THIS RENTAL AGREEMENT PRODUCT WRITTEN MATERIALS ACCOMPANYING IT. EXCEPT AS EXPRESSLY SET FORTH IN THE FOREGOING, CUSTOMER ACKNOWLEDGES THAT THE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND “AS AVAILABLE” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. TUFIN TECHNOLOGIES, IT'S LICENSORS AND TELESYSTEM MAKES NO AFFILIATES, EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF OR THAT THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE PRODUCT WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF NOT INFRINGE ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY PATENTS, COPYRIGHTS, TRADEMARKS, OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THERE IS NO WARRANTY BY TUFIN TECHNOLOGIES OR BY ANY OTHER PARTY THAT THE DISCLAIMER FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE OPERATION OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. CUSTOMER ASSUMES ALL RESPONSIBILITY AND RISK FOR THE MINIMUM PERMITTED UNDER SUCH LAWSELECTION OF THE PRODUCT TO ACHIEVE CUSTOMER’S INTENDED RESULTS AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM IT.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimer. EACH RENTAL DEVICE CUSTOMER EXPRESSLY ACKNOWLEDGES AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT AGREES THAT USE OF THE BETA FEATURE IS AT CUSTOMER’S SOLE RISK. THE BETA FEATURE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO WARRANTIES, WITHOUT WARRANTY OF ANY KIND. GENESYS EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW PURPOSE. GENESYS DOES NOT WARRANT THAT THE USE OF THE UNITED STATES BETA FEATURE WILL BE UNINTERRUPTED OR ANY STATE THEREOF ERROR-FREE, OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE DEFECTS WILL BE DELIVERED TO YOU CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GENESYS SHALL CREATE A PARTICULAR DATE WARRANTY OR IS FREE IN ANY WAY INCREASE THE SCOPE OF RIGHTFUL CLAIMS THIS WARRANTY. CUSTOMER ASSUMES THE ENTIRE COST OF ANY THIRD PARTY FOR INFRINGEMENT ALL NECESSARY SERVICING, REPAIR OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS)CORRECTION. BECAUSE SOME JURISDICTIONS DO NOT PERMIT ALLOW THE DISCLAIMER EXCLUSION OF CERTAIN WARRANTIES AND IMPLIED WARRANTIES, SOME OF THE FOREGOING DISCLAIMERS ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWCUSTOMER.

Appears in 1 contract

Samples: Beta Feature Agreement

Warranty Disclaimer. EACH RENTAL DEVICE AND (a) THE CREDIT UNION CANNOT FORESEE OR ANTICIPATE ALL TECHNICAL OR OTHER DIFFICULTIES RELATED TO THE APPLICATION OR SERVICES. THESE DIFFICULTIES MAY RESULT IN LOSS OF DATA, PERSONALIZATION SETTINGS OR OTHER APPLICATION INTERRUPTIONS. WE ASSUME NO RESPONSIBILITY FOR ANY TELEPHONE HARDWARE PURCHASED DISCLOSURE OF ACCOUNT INFORMATION TO NON- PARTIES, THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS IN CONNECTION WITH THIS RENTAL AGREEMENT YOUR USE OF THE APPLICATION. (b) WE ASSUME NO RESPONSIBILITY FOR THE OPERATION, SECURITY, FUNCTIONALITY OR AVAILABILITY OF ANY COMPUTING DEVICE OR NETWORK, WHICH YOU UTILIZE TO ACCESS THE APPLICATION OR USE SERVICE. (c) YOU AGREE TO EXERCISE CAUTION WHEN UTILIZING THE APPLICATION ON YOUR COMPUTING DEVICE AND TO USE GOOD JUDGMENT AND DISCRETION WHEN OBTAINING OR TRANSMITTING INFORMATION. (d) THE SERVICES AND APPLICATION PROVIDED HEREUNDER IS PROVIDED "AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO ," WITH ALL WARRANTIES DISCLAIMED, INCLUDING, ALL EXPRESS OR IMPLIED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND ANY SIMILAR WARRANTY, WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRYTHEREOF. TELESYSTEM MAKES THERE IS NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR THE SOFTWARE IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES AND LICENSED APPLICATION SHALL BE BORNE SOLELY BY YOU. (e) THERE IS NO WARRANTY THAT THE SERVICES AND APPLICATION WILL MEET YOUR REQUIREMENTS, THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR MISAPPROPRIATION THAT ANY DEFECTS IN THE SERVICES AND APPLICATION WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF INTELLECTUAL PROPERTY THE SERVICE AND APPLICATION ARE AT YOUR SOLE RISK AND DISCRETION AND WE WILL NOT BE LIABLE OR OTHER PROPRIETARY RIGHTS RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO FOLLOW PROPER BACKUP PROCEDURES TO PROTECT AGAINST LOSS OR ERROR RESULTING FROM USE OF THE SERVICES AND LICENSED APPLICATION. (INCLUDING PATENT AND TRADE SECRET RIGHTS)f) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. (g) SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

Appears in 1 contract

Samples: Banking Services Disclosure Agreement

Warranty Disclaimer. EACH RENTAL DEVICE THE LICENSED PRODUCT AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS DAFC DATA ARE PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AS AVAILABLE” TO ACCURACY, FUNCTIONALITY, PERFORMANCE OR MERCHANTABILITY. DAFC AND TELESYSTEM MAKES NO THE SOURCES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTYWARRANTIES ARISING FROM TRADE USAGE, WHETHER SAID COURSE OF DEALING OR COURSE OF PERFORMANCE. DAFC AND THE SOURCES MAKE NO REPRESENTATION, WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OR COVENANT CONCERNING THE ACCURACY, COMPLETENESS, SEQUENCE, TIMELINESS OR AVAILABILITY OF THE UNITED STATES LICENSED PRODUCT, DAFC DATA OR ANY STATE THEREOF OTHER INFORMATION OR THE LIKELIHOOD OF PROFITABLE TRADING USING THE LICENSED PRODUCT OR DAFC DATA. SUBSCRIBER ACCEPTS FULL RESPONSIBLITY FOR ANY COUNTRYINVESTMENT DECISIONS OR STOCK TRANSACTIONS MADE BY SUBSCRIBER. TELESYSTEM MAKES NO REPRESENTATIONS SALES PERSONNEL, EMPLOYEES, AGENTS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE REPRESENTATIVES OF DAFC OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT ARE AUTHORIZED TO MAKE ANY REPRESENTATION, WARRANTY OR MISAPPROPRIATION COVENANT ON BEHALF OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS)DAFC. SOME JURISDICTIONS ACCORDINGLY, ADDITIONAL ORAL STATEMENTS DO NOT PERMIT THE DISCLAIMER OF CERTAIN CONSTITUTE WARRANTIES AND SHOULD NOT BE RELIED UPON AND ARE NOT PART OF THIS AGREEMENT. NEITHER DAFC NOR ANY OF ITS AFFILIATES OR THE FOREGOING DISCLAIMERS MAY SOURCES INCLUDING, WITHOUT LIMITATION, THE EXCHANGES, REPRESENT OR WARRANT THAT THE LICENSED PRODUCT OR DAFC DATA WILL BE UNINTERRUPTED OR ERROR- FREE. SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE LICENSED PRODUCT, DAFC DATA OR ANY OTHER INFORMATION IS AT SUBSCRIBER'S SOLE RISK AND THAT DAFC AND THE SOURCES SHALL NOT APPLY BE RESPONSIBLE FOR ANY INTERRUPTION OF SERVICES, DELAYS OR ERRORS CAUSED BY ANY TRANSMISSION OR DELIVERY OF THE LICENSED PRODUCT, DAFC DATA OR ANY OTHER INFORMATION OR CAUSED BY ANY COMMUNICATIONS SERVICE PROVIDERS. LICENSEE HEREBY AGREES AND ACKNOWLEDGES THAT THE SOFTWARE IS IN A "BETA" TEST PHASE AND AS A RESULT HAS NO TRACK RECORD OR PROVEN ABILITY TO YOUOBTAIN THE INTENDED RESULTS. LICENSOR MAKES NO WARRANTIES AS TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER PERFORMANCE OR RESULTS OF APPLICABLE LAWTHE SOFTWARE, THE SCOPE HARDWARE, OR THE APPLICATION SERVICES. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION AND DURATION NONRENEWAL OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWTHIS AGREEMENT.

Appears in 1 contract

Samples: Dafc Subscriber Agreement

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED EXCEPT AS EXPRESSLY STATED OTHERWISE IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES THE TMS AGREEMENT, WE MAKE NO WARRANTIES, EXPRESS EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO CONCERNING THE OPERATION, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND/OR ANY EQUIPMENT, HARDWARE, SOFTWARE, INTERNET SERVICES OR OTHER SERVICES PROVIDED BY US OR A THIRD PARTY SERVICE PROVIDER, INCLUDING, WITHOUT LIMITATION, THAT THE SERVICES AND/OR ANY EQUIPMENT, HARDWARE, SOFTWARE, INTERNET SERVICES OR OTHER SERVICES PROVIDED BY US OR A THIRD PARTY SERVICE PROVIDER WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE), AND WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE UNITED STATES FOREGOING, YOU ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR TELECOMMUNICATION LINES OR CIRCUITS, AND YOU HEREBY ASSUME ALL SUCH RISKS. IF ANY STATE THEREOF OF THESE DISCLAIMERS ARE LIMITED OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU PROHIBITED BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, WE MAKE ONLY THE SCOPE WARRANTIES SPECIFICALLY PERMITTED BY APPLICABLE LAW. ANY DISCLAIMERS OF WARRANTIES STATED IN A SERVICE AGREEMENT OR USER GUIDE SHALL BE IN ADDITION TO, AND DURATION OF SUCH WARRANTY WILL BE NOT IN LIEU OF, THE MINIMUM PERMITTED UNDER SUCH LAWDISCLAIMERS STATED HEREIN.

Appears in 1 contract

Samples: Master Treasury Management Services Agreement

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM CROSSWIND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PERTICULAR PURPOSE AND ANY SIMILAR WARRANTYWARRATNY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM CROSSWIND MAKES NO TO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE FRE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION MISAPPROPRATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY PROPREITARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). THE ENTIRE REISK ASSOCIATED WITH THE USE OF ANY RENTAL DEVICE SHALL BE BORNE SOLELY BY THE CUSTOMER. SOME JURISDICTIONS DO NOT PERMIT NTO PERMINT THE DISCLAIMER OF CERTAIN WARRANTIES AND IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CROSSWIND CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER METTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

Appears in 1 contract

Samples: Lease and Rental Agreement

Warranty Disclaimer. EACH RENTAL DEVICE EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE MOOVWEB SERVICE, SUPPORT SERVICES AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROFESSIONAL SERVICES ARE PROVIDED “AS IS” AND “”. EXCEPT AS AVAILABLE” AND TELESYSTEM EXPRESSLY SET FORTH HEREIN, NEITHER PARTY NOR THEIR SUPPLIERS MAKES NO ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. MOOVWEB SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE OR SECURITY FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF MOOVWEB, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW UPTIME OR AVAILABILITY OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRYCUSTOMER WEBSITE. TELESYSTEM FURTHERMORE, MOOVWEB MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED AS TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS THE SUITABILITY OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY ANALYTICS OR OTHER PROPRIETARY RIGHTS (RESULTS OF ANALYTICS SERVICES FOR ANY USE, INCLUDING PATENT AND TRADE SECRET RIGHTS)WITHOUT LIMITATION TO MAKE BUSINESS, ECONOMIC, DESIGN, OR PROMOTIONAL DECISIONS. SOME JURISDICTIONS DO NOT PERMIT IT IS CUSTOMER’S SOLE RESPONSIBILITY TO DETERMINE THE DISCLAIMER SUITABILITY OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWANALYTICS SERVICES FOR ALL USES.

Appears in 1 contract

Samples: Platform Subscription Terms of Service

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED EXCEPT AS SET FORTH UNDER THIS CLAUSE 4 OR AS OTHERWISE SPECIFIED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM AGREEMENT, SUPPLIER MAKES NO OTHER WARRANTY WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER, AND DISCLAIMS ALL STATUTORY OR IMPLIED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE INCLUDING CUSTOMERS BUSINESS REQUIREMENTS. ANY BETA SERVICES ARE PROVIDED “AS IS” AND EXCLUSIVE OF ANY WARRANTY WHATSOEVER. SUPPLIER DOES NOT WARRANT THAT THE SERVICES ARE ERROR-FREE, UNINTERRUPTED OR CONTINUOUS OR THAT IT IS COMPATIBLE WITH CUSTOMER’S SYSTEMS (OTHER THAN AS SPECIFIED IN THE DOCUMENTATION) SUPPLIER SHALL HAVE NO LIABILITY FOR ANY LOSS, OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN ANY INFORMATION, INSTRUCTIONS OR SCRIPTS PROVIDED TO SUPPLIER BY CUSTOMER IN CONNECTION WITH THE SERVICES, OR ANY ACTIONS TAKEN BY SUPPLIER AT CUSTOMER’S DIRECTION. FURTHER, SUPPLIER SHALL HAVE NO LIABILITY FOR ANY DELAYS, DELIVERY FAILURES, LIMITATIONS TO THE SERVICES AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OTHER LOSS OR DAMAGE INCURRED ARISING FROM OR RELATED TO CUSTOMER’S OR ANY STATE THEREOF AUTHORIZED USER’S NETWORK CONNECTIONS, OR TELECOMMUNICATIONS LINKS, OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWINTERNET ISSUES.

Appears in 1 contract

Samples: Master Services Agreement

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM FONESOFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM FONESOFT MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). THE ENTIRE RISK ASSOCIATED WITH THE USE OF ANY RENTAL DEVICE SHALL BE BORNE SOLELY BY YOU. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM FONESOFT CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. General Terms You authorize us to collect any payment owed by you hereunder from your payment method, as provided in your FoneSoft Office Plan Purchase Agreement. This Rental Agreement, which is subject to and incorporates by reference the FoneSoft® Office Plan Purchase Agreement constitutes the complete, final, and exclusive embodiment of the entire agreement between you and the Company regarding the Rental Services. In signing the Agreement, the undersigned represents to FoneSoft that the undersigned has full power and authority to perform all of its obligations hereunder. This Rental Agreement is the binding obligation of the undersigned, enforceable against the undersigned in accordance with its terms. FoneSoft may, in its discretion, update or change the terms and conditions of this Rental Agreement, and the version of this Rental Agreement applicable to each Rental Device, is the version of this Rental Agreement then in effect at the start of the rental for that Rental Device, including the start of the rental for an upgrade Rental Device. This Phone Rental/Lease Program is offered and available to United States residents only.

Appears in 1 contract

Samples: Rental Agreement

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT THE 3rd PARTY LEAD PROGRAM IS PROVIDED "AS IS" WITH NO WARRANTIES OF ANY KIND. ALL LEADS AND SERVICES PROVIDED BY SHIFT DIGITAL, INCLUDING THE DELIVERY OF LEADS AND SERVICES RELATED TO THE 3rd PARTY LEAD PROGRAM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND TELESYSTEM MAKES NO SHIFT DIGITAL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND ANY SIMILAR WARRANTYNON-INFRINGEMENT. DEALER UNDERSTANDS AND AGREES THAT THE LEADS AND RELATED INFORMATION REPRESENT SELF-REPORTED INFORMATION FROM INDIVIDUAL CONSUMERS, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRYAND THEY ARE PROVIDED ON AN “AS IS” BASIS. TELESYSTEM SHIFT DIGITAL MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER TO WHETHER DEALER WILL REALIZE ANY REVENUE OR RECEIVE ANY PAYMENT FROM THE LEADS PROVIDED OR THE 3rd PARTY LEAD PROGRAM. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF APPLICABLE LAW, THEIR ESSENTIAL PURPOSE. SHIFT DIGITAL DOES NOT WARRANT THAT THE SCOPE AND DURATION 3RD PARTY LEAD PROGRAM WILL MEET ANY OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWDEALER’S REQUIREMENTS.

Appears in 1 contract

Samples: www.mazdadigitalcertified.com

Warranty Disclaimer. EACH RENTAL DEVICE ABB takes reasonable measures to incorporate accurate and reliable data in the ABB Services; however, ABB uses publicly available sources to collect the data and information incorporated into the ABB Services and cannot verify the accuracy, completeness or timeliness of any such data or information. Accordingly, except as specifically set forth in this Agreement, THE ABB SERVICES, AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS ALL DATA AND RESULTS DERIVED THEREFROM, ARE PROVIDED TO SUBSCRIBER STRICTLY “AS IS,” AND “AS AVAILABLE” AND TELESYSTEM ABB MAKES NO WARRANTIESREPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED WITH RESPECT TO THE ABB SERVICES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, THE CONTENT OF INFORMATION TRANSMITTED BY YOU THROUGH THE ABB SERVICES OR ANY LOSS, DELAY, INTERRUPTION, OR INACCURACY OF SUCH COMMUNICATIONS, LOSS OR INTERRUPTION OF DATA, RECORDINGS, COMPUTER TIME OR VOICE TRANSMISSIONS; ALTERATION OR ERRONEOUS TRANSMISSION OF DATA; ACCURACY OF DATA; INABILITY TO USE THE ABB SERVICES TO CONTACT EMERGENCY SERVICES; UNAUTHORIZED ACCESS TO OR USE OF VOICE OR DATA PROCESSED OR TRANSMITTED BY, TO OR THROUGH THE ABB SERVICE; OR PROGRAM ERRORS), AND ABB EXPRESSLY DISCLAIMS ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS SUCH WARRANTIES. ABB DOES NOT WARRANT THAT: (a) THE SERVICES WILL OPERATE UNINTERRUPTED; (b) ALL ERRORS CAN BE CORRECTED; (c) THE ABB SERVICES ARE DESIGNED TO MEET ANY OF ANY LAW SUBSCRIBER’S BUSINESS REQUIREMENTS; OR (d) THE INFORMATION OR DATA PROVIDED IS ACCURATE OR ERROR-FREE. SUBSCRIBER ACKNOWLEDGES THAT IT HAS ASSESSED FOR ITSELF THE SUITABILITY OF THE UNITED STATES SERVICES FOR ITS REQUIREMENTS. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY STATE THEREOF THIRD-PARTY HOSTING PROVIDERS. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT FOR ABB SERVICES COMPRISED OF DATA, INFORMATION, ANALYSES, OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY MODELS, ABB OBTAINS ITS DATA FROM THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES SOURCES, AND THE FOREGOING DISCLAIMERS DATA MAY NOT APPLY TO YOUBE COMPLETELY THOROUGH AND ACCURATE, AND SUBSCRIBER SHALL NOT RELY ON ABB FOR THE ACCURACY OR COMPLETENESS OF INFORMATION SUPPLIED THROUGH SUCH SERVICES. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUBSCRIBER ACCEPTS ALL SUCH WARRANTY INFORMATION ON AN “AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWIS” “AS AVAILABLE” BASIS.

Appears in 1 contract

Samples: Renewable Insights Saas Access Terms

Warranty Disclaimer. EACH RENTAL DEVICE THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT APPLICABLE ALLIED LIMITED WARRANTY, NO PARTY IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO WARRANTIES, PROVIDING TO THE OTHER PARTY AN EXPRESS OR IMPLIEDIMPLIED WARRANTY OF ANY KIND AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. THIS WARRANTY DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, THE QUALITY, WORKSMANSHIP, AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS PERFORMANCE OF ANY LAW OF ELIGIBLE EQUIPMENT OR COVERED EQUIPMENT. PART FIVE – DISPUTE RESOLUTION **PLEASE READ THIS SECTION CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION REQUIRES YOU AND ALLIED TO ARBITRATE ALL DISPUTES (AS DEFINED BELOW) THAT HAVE ARISEN OR MAY ARISE BETWEEN THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS PARTIES ON AN INDIVIDUAL BASIS** MANDATORY ARBITRATION – You and ALLIED agree that all Disputes must be resolved exclusively through final and binding arbitration, and not by a court or jury; however, You or ALLIED may assert claims in small claims court if: (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.i) the claims qualify for small claims court,

Appears in 1 contract

Samples: Program Terms and Conditions

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM VERACITY MAKES NO WARRANTIES, EXPRESS OR IMPLIEDIMPLIED WARRANTY REGARDING THE SERVICE OR DEVICE OR THE INSTALLATION OF SAME AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. VERACITY DOES NOT WARRANT THAT THE SERVICE OR DEVICE WILL FUNCTION WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. VERACITY DOES NOT AUTHORIZE ANYONE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW KIND ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. CUSTOMER AGREES THAT IT ACCEPTS THE SERVICE AND DEVICE “AS IS” AND THAT CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECT. CUSTOMER ACKNOWLEDGES THAT THE UNITED STATES SERVICES ARE NOT ENABLED TO FUNCTION AS OUTDIALING SYSTEMS INCLUDING HOME OR ANY STATE THEREOF OFFICE SECURITY SYSTEMS, TTY EQUIPMENT, MEDICAL MONITORING EQUIPMENT OR ANY COUNTRYSATELLITE TELEVISION SYSTEMS. TELESYSTEM COMPANY WILL NOT BE LIABLE FOR INTERRUPTION OR DISRUPTION OF SUCH SYSTEMS BY THE SERVICES. CUSTOMER FURTHER ACKNOWLEDGES THAT, EXCEPT AS EXPRESSLY OTHERWISE AGREED, THE SERVICES ARE NOT DESIGNED, INTENDED OR RECOMMENDED AS A MEANS BY WHICH TO STORE OR TRANSMIT “PROTECTED HEALTH INFORMATION” (“PHI’) AS DEFINED UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 AND RELATED OR SIMILAR LAWS (COLLECTIVELY, “HIPAA”). COMPANY MAKES NO REPRESENTATIONS REPRESENTATION OR WARRANTIES WARRANTY THAT THE SERVICES OR THEIR USE WILL COMPLY WITH HIPAA OR WILL RENDER ANY RENTAL DEVICE WILL BE DELIVERED PARTY COMPLIANT WITH HIPAA, AND IS RELEASED FROM ANY LIABILITY FOR ITS ACTS OR OMISSIONS RELATING TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWHIPAA.

Appears in 1 contract

Samples: Universal Terms of Service

Warranty Disclaimer. EACH RENTAL DEVICE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE SOFTWARE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND TELESYSTEM MAKES NO WARRANTIESWITHOUT WARRANTY OF ANY KIND. BIOCONNECT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND ANY SERVICES, EXPRESS EITHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY (WHERE PERMITTED BY LAW), INCLUDING BUT NOT LIMITED TO THE TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTYPURPOSE, WHETHER SAID QUIET ENJOYMENT OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BIOCONNECT PROVIDES NO WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THAT THE UNITED STATES SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE PROVIDED UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE SERVICES WILL BE DELIVERED TO CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BIOCONNECT OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU BY A PARTICULAR DATE ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR CORRECTION OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY THAN AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWSET OUT HEREIN.

Appears in 1 contract

Samples: s3.amazonaws.com

Warranty Disclaimer. EACH RENTAL DEVICE EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED TO THE GREATEST EXTENT PERMITTED BY LAW, TENABLE OFFERS ITS PRODUCTS AS AS-IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO WARRANTIESOTHER WARRANTY OF ANY KIND, EXPRESS OR WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED ANY WARRANTIES OF MERCHANTABILITY AND TITLE, NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SECURITY, INTEGRATION, PERFORMANCE AND ACCURACY, AND ANY SIMILAR WARRANTYIMPLIED WARRANTIES ARISING FROM STATUTE, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS COURSE OF ANY LAW DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE MADE TO CUSTOMER FOR CUSTOMER'S BENEFIT ONLY. CUSTOMER'S USE OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRYPRODUCTS IS AT CUSTOMER'S OWN RISK. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES CUSTOMER UNDERSTANDS THAT ANY RENTAL DEVICE ASSESSING NETWORK SECURITY IS A COMPLEX PROCEDURE, AND TENABLE DOES NOT GUARANTEE THAT THE RESULTS OF THE PRODUCTS WILL BE DELIVERED ERROR-FREE OR PROVIDE A COMPLETE AND ACCURATE PICTURE OF CUSTOMER'S SECURITY FLAWS, AND CUSTOMER AGREES NOT TO YOU BY A PARTICULAR DATE RELY SOLELY ON SUCH PRODUCTS IN DEVELOPING ITS SECURITY STRATEGY. CUSTOMER ACKNOWLEDGES THAT THE PRODUCTS MAY RESULT IN LOSS OF SERVICE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT HAVE OTHER IMPACTS TO NETWORKS, ASSETS OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS COMPUTERS (INCLUDING PATENT MODIFICATION OF SCAN TARGETS), AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY CUSTOMER IS SOLELY RESPONSIBLE FOR ANY DAMAGES RELATING TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWLOSS OR IMPACT.

Appears in 1 contract

Samples: Agreement

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GRAVITY PLATFORM IS PROVIDED ON AN "AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO " BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ESTATESPACE DISCLAIMS ALL WARRANTIES, EXPRESS EXPRESS, IMPLIED, STATUTORY OR IMPLIEDOTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NON-INFRINGEMENT. ESTATESPACE EXPRESSLY DISCLAIMS ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS WARRANTIES OF ANY LAW KIND WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE GRAVITY PLATFORM, OR THE QUALITY OR CONSISTENCY OF SERVICES PROVIDED THEREWITH. ESTATESPACE DOES NOT WARRANT THAT YOUR USAGE OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE GRAVITY PLATFORM WILL BE DELIVERED TO YOU BY A PARTICULAR DATE UNINTERRUPTED OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT ERROR-FREE, OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY ALL ERRORS WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWCORRECTED. ESTATESPACE FURTHER DISCLAIMS ANY WARRANTY OR LIABILITY RELATED TO YOUR CARRIER’S NETWORK OR SERVICE.

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimer. EACH RENTAL DEVICE EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, CM MAKES NO WARRANTY, (EXPRESS, IMPLIED OR STATUTORY) AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WARRANTY ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ALL SERVICES PROVIDED BY CM ARE PERFORMED AND PROVIDED ON AN “AS-IS”, “AS AVAILABLE” AND “WITH THIS RENTAL AGREEMENT ALL FAULTS” BASIS. CM DOES NOT WARRANT THAT THE SERVICES OR ITS WORK PRODUCT WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR WITHOUT DELAY. CUSTOMER ACKNOWLEDGES THAT THE FUNCTIONALITY AND INTERFACES OF THE SERVICES MAY CHANGE OVER TIME. TO THE EXTENT ANY OF THE SERVICES ENABLE CUSTOMER TO ACCESS ANY CRYPTOCURRENCY DATA SETS OF EITHER CRYPTOCURRENCY NETWORK OR MARKET DATA (“SERVICE DATA”) AND/OR ANY CORRELATIONS AND OTHER DERIVED ANALYTICS OF THE VARIOUS DATA THAT CM OR ITS LICENSORS HAVE GENERATED (“SERVICE ANALYSIS”), THEN CUSTOMER: (I) ACKNOWLEDGES AND AGREES THAT CM IS NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY OR COMPLETENESS OF ANY SERVICE DATA OR SERVICE ANALYSIS, AND (II) SHALL BE RESPONSIBLE AND LIABLE FOR ITS USE OF THE SERVICE DATA AND/OR SERVICE ANALYSIS. CM PROVIDES ACCESS TO CERTAIN DATA THROUGH ITS SERVICES TO THE EXTENT IT IS PROVIDED BY ITS SOURCES (“THIRD PARTY DATA”). CM DOES NOT MAINTAIN OR CONTROL SUCH THIRD-PARTY DATA PROVIDERS AND ACCORDINGLY IS NOT RESPONSIBLE FOR THE AVAILABILITY, COMPLETENESS, TIMELINESS, FACTUAL ACCURACY, OR NON-INFRINGEMENT OF SUCH THIRD PARTY DATA, WHICH IS PROVIDED “AS IS” AND “AS AVAILABLE.AND TELESYSTEM MAKES NO WARRANTIES, EXPRESS CUSTOMER UNDERSTANDS THAT CM AND/OR IMPLIED, INCLUDING BUT NOT LIMITED THIRD-PARTY DATA PROVIDERS TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND SERVICES MAY CHOOSE AT ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES TIME TO INHIBIT OR PROHIBIT THEIR DATA FROM BEING ACCESSED UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWTHIS AGREEMENT.

Appears in 1 contract

Samples: Master Services Agreement (Osprey Bitcoin Trust)

Warranty Disclaimer. EACH RENTAL DEVICE THIS SECTION 5 IS A LIMITED WARRANTY AND, EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 5, THE PRODUCTS AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS SUPPORT ARE PROVIDED “AS IS”. CLOUDBEES DOES NOT WARRANT THAT THE PRODUCTS AND “AS AVAILABLE” AND TELESYSTEM SUPPORT FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT WILL OPERATE UNINTERRUPTED OR THAT THEY WILL BE FREE FROM DEFECTS OR THAT THE PRODUCTS ARE DESIGNED TO MEET CUSTOMER’S BUSINESS REQUIREMENTS. NEITHER CLOUDBEES NOR ITS SUPPLIERS MAKES NO ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTYPURPOSE, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRYNONINFRINGEMENT. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR CUSTOMER MAY HAVE OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET STATUTORY RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. HOWEVER, TO THE FULL EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE PERMITTED BY LAW, THE SCOPE AND DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE LIMITED WARRANTY PERIOD. CUSTOMER ACKNOWLEDGES THAT THE PRODUCTS ARE NOT INTENDED FOR USE IN CONNECTION WITH ANY HIGH RISK OR STRICT LIABILITY ACTIVITY (INCLUDING, WITHOUT LIMITATION, AIR OR SPACE TRAVEL, POWER PLANT OPERATION, OR LIFE SUPPORT OR EMERGENCY MEDICAL OPERATIONS) AND THAT CLOUDBEES MAKES NO WARRANTY AND SHALL HAVE NO LIABILITY IN CONNECTION WITH ANY USE OF THE PRODUCTS IN SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWSITUATIONS.

Appears in 1 contract

Samples: License and Services Agreement Addendum

Warranty Disclaimer. EACH RENTAL DEVICE EXCEPT AS SPECIFICALLY STATED OTHERWISE IN THIS AGREEMENT, SECTIGO AND THE INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE SECTIGO SSL WEB SERVER CERTIFICATION AUTHORITIES, INCLUDING ANY TELEPHONE HARDWARE PURCHASED RESELLERS, CO- MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING EXPRESSLY DISCLAIM ALL OTHER WARRANTIES IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO WARRANTIESTHE CERTIFICATION SERVICES WETHER EXPRESS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED STATUTORY, BY USAGE OF TRADE, OR OTHERWISE. THIS DISCLAIMER IS EFFECTIVE TO THE IMPLIED MAXIMUM EXTENT ALLOWED BY LAW AND INCLUDES ALL WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND ANY SIMILAR WARRANTYNON-INFRINGEMENT. THE CERTIFICATION SERVICES ARE NOT TO BE USED FOR, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OR RELIED UPON AS, CONTROL EQUIPMENT IN HAZARDOUS CIRCUMSTANCES OR CIRCUMSTANCES REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS OPERATION OF ANY LAW NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, WEAPONS CONTROL SYSTEMS, OR WHERE FAILURE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE ENVIRONMENTAL DAMAGE, EACH OF WHICH IS AN UNAUTHORIZED USE OF A CERTIFICATE AND FOR WHICH A CERTIFICATE IS NEITHER DESIGNED NOR INTENDED. SECTIGO DOES NOT WARRANT THAT 1) THE UNITED STATES CERTIFICATION SERVICES WILL MEET YOUR REQUIREMENTS OR ANY STATE THEREOF YOUR EXPECTATIONS OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES 2) THAT ANY RENTAL DEVICE ACCESS TO THE CERTIFICATION SERVICES WILL BE DELIVERED TO YOU BY A PARTICULAR DATE UNINTERRUPTED, TIMELY, SECURE, OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWERROR-FREE.

Appears in 1 contract

Samples: Relying Party Agreement

Warranty Disclaimer. EACH RENTAL DEVICE Data Resolve WARRANTS THAT IT HOLDS ALL RIGHT, TITLE AND ANY TELEPHONE HARDWARE PURCHASED INTEREST IN CONNECTION WITH THIS RENTAL AGREEMENT AND TO MobSec OR THAT IT IS OTHERWISE ENTITLED TO PROVIDE MobSec TO YOU ON THE TERMS CONTAINED HEREIN. Data Resolve WARRANTS THAT MobSec, WHEN IT IS DELIVERED TO YOU, IS FREE OF VIRUSES, TROJAN HORSES, WORMS, AND OTHER SIMILAR DESTRUCTIVE OR DISABLING CODE. THE ABOVE IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY Data Resolve. MobSec IS PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. Data Resolve EXPRESSLY DISCLAIMS AND TELESYSTEM MAKES NO WARRANTIESYOU HEREBY EXPRESSLY WAIVE ALL OTHER CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTYPURPOSE; THAT MobSec WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF MobSec WILL BE UNINTERRUPTED OR ERROR- FREE OR THAT ERRORS IN MobSec, WHETHER SAID IF ANY, WILL BE CORRECTED. Data Resolve’s ABOVE LIMITED WARRANTY ARISES UNDER PROVISIONS IS IN LIEU OF ANY LAW ALL LIABILITIES OR OBLIGATIONS OF Data Resolve FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, USE OR PERFORMANCE OF MobSec. MobSec’s FAILURE TO PERFORM IN ACCORDANCE WITH THE SPECIFICATIONS SHALL NOT BE CONSIDERED A FAILURE OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR ESSENTIAL PURPOSE OF THE WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWCONTAINED HEREIN.

Appears in 1 contract

Samples: dataresolve.com

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED EXCEPT FOR THE LIMITED ITRON EQUIPMENT WARRANTIES SET FORTH IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED SECTION 8.4 (AS IS” AND “AS AVAILABLE” AND TELESYSTEM ITRON EQUIPMENT WARRANTY), ITRON MAKES NO WARRANTY OF ANY KIND RELATING TO SERVICES AND EQUIPMENT AND DISCLAIMS ALL IMPLIED WARRANTIES, EXPRESS OR IMPLIEDINCLUDING WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO THE (I) IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, (II) WARRANTIES OF TITLE AND ANY SIMILAR WARRANTYAGAINST INFRINGEMENT, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS AND (III) WARRANTIES ARISING FROM A COURSE OF ANY LAW OF THE UNITED STATES DEALING, USAGE OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOUPRACTICE. TO THE EXTENT ANYIMPLIEDWARRANTYCANNOT BE EXCLUDED, SUCHWARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. ITRON AND ITS SUPPLIERS DO NOT WARRANT OR REPRESENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY SERVICES OR EQUIPMENT WILL BE FREE FROM BUGS, ERRORS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE. ITRON ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ITS DATA CENTERS OR DATA CENTERS OF ITS VENDORS VIA WAN, CELLULAR OR OTHER PUBLIC COMMUNICATIONS OR BROADBAND SYSTEMS (INCLUDING OUTAGES, DEVICE NON-REACHABILITY, LOSS OR INACCURATE READING) OR FOR ANY CONSEQUENCES, LOSSES, OR DAMAGES ARISING FROM CHANGES MADE BY CUSTOMER TO THECONTENT OR PROGRAMMING OF EQUIPMENT (UNLESS CAUSED BY A DEFECTIVE PRODUCT). THESE DISCLAIMERS WILL APPLY NOTWITHSTANDING ANY FAILURE OF THE MINIMUM PERMITTED ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED UNDER SUCH LAWTHIS AGREEMENT.

Appears in 1 contract

Samples: North American

Warranty Disclaimer. EACH RENTAL DEVICE EXCEPT AS EXPRESSLY SET FORTH IN SECTION 13 ABOVE, THE LICENSED PRODUCT AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS THE DAFC NETWORK ARE PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AS AVAILABLE” TO ACCURACY, FUNCTIONALITY, PERFORMANCE OR MERCHANTABILITY, DAFC ITS AFFILIATES, AND TELESYSTEM MAKES NO THE SOURCES EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTYWARRANTIES ARISING FROM TRADE USAGE, WHETHER SAID COURSE OF DEALING OR COURSE OF PERFORMANCE. DAFC, ITS AFFILIATES AND THE SOURCES MAKE NO REPRESENTATION, WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OR COVENANT CONCERNING THE ACCURACY, COMPLETENESS, SEQUENCE, TIMELINESS OR AVAILABILITY OF THE UNITED STATES LICENSED PRODUCT, THE DAFC NETWORK, OR ANY STATE THEREOF OTHER INFORMATION OR THE LIKELIHOOD OF PROFITABLE TRADING USING THE LICENSED PRODUCT OR THE NETWORK. LICENSEE ACCEPTS FULL RESPONSIBILITY FOR ANY COUNTRYINVESTMENT DECISIONS OR STOCK TRANSACTIONS MADE BY LICENSEE AND/OR ITS AUTHORIZED USERS USING THE LICENSED PRODUCT OR THE DAFC NETWORK. TELESYSTEM MAKES NO REPRESENTATIONS SALES PERSONNEL, EMPLOYEES, AGENTS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE REPRESENTATIVES OF DAFC, ITS AFFILIATES OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT ARE AUTHORIZED TO MAKE ANY REPRESENTATION, WARRANTY OR MISAPPROPRIATION COVENANT ON BEHALF OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS)DAFC. SOME JURISDICTIONS ACCORDINGLY, ORAL STATEMENTS DO NOT PERMIT THE DISCLAIMER OF CERTAIN CONSTITUTE WARRANTIES AND SHOULD NOT BE RELIED UPON AND ARE NOT PART OF THIS AGREEMENT. NEITHER DAFC NOR ANY OF ITS AFFILIATES OR THE FOREGOING DISCLAIMERS SOURCES REPRESENT OR WARRANT THAT THE LICENSED PRODUCT OR THE DAFC NETWORK WILL BE UNINTERRUPTED OR ERROR-FREE. LICENSEE EXPRESSLY AGREES THAT USE OF THE LICENSED PRODUCT OR THE DAFC NETWORK IS AT LICENSEE'S SOLE RISK AND THAT DAFC AND ITS AFFILIATES AND THE SOURCES SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTION OF SERVICE, ERRORS OR DELAYS CAUSED BY ANY TRANSMISSION OR DELIVERY OF THE LICENSED PRODUCT OR THE DAFC NETWORK OR CAUSED BY ANY COMMUNICATIONS SERVICE PROVIDERS. THE SOFTWARE, THE HARDWARE, AND THE APPLICATION SERVICES ARE PROVIDED "AS IS" AND NOT WARRANTIES, EXPRESS OR OTHERWISE, ARE MADE REGARDING THEM. LICENSEE HEREBY AGREES AND ACKNOWLEDGES THAT TH SOFTWARE IS IN A "BETA" TEST PHASE AND AS A RESULT HAS NO TRACK RECORD OR PROVEN ABILITY TO OBTAIN THE INTENDED RESULTS. LICENSOR MAKES NO WARRANTIES AS TO THE PERFORMANCE OR RESULTS OF THE SOFTWARE, THE HARDWARE, OR THE APPLICATION SERVICES. LICENSEE FURTHER ACKNOWLEDGES AND AGREES THAT LICENSOR DOES NOT WARRANT THAT THE SOFTWARE, HARDWARE, OR THE APPLICATION SERVICES WILL DELIVER ORDERS TO THE EXCHANGES, IF APPLICABLE, FULLY OR COMPLETELY ARRANGE OR DISPLAY THE DESIRED OR ACQUIRED DATA, IF APPLICABLE, OR THAT THE DATA THEY RECEIVE, PROVIDE, ARRANGE OR DISPLAY IS TRUE, ACCURATE OR REAL TIME. IN ADDITION, LICENSEE AGREES AND ACKNOWLEDGES THAT THE SOFTWARE'S CALCULATIONS MAY NOT APPLY TO YOUBE CORRECT AND THAT THE SOFTWARE OR HARDWARE MAY FAIL WITHOUT WARNING. LICENSEE HEREBY AGREES AND UNDERSTANDS THAT LICENSOR MAKES NOR WARRANTIES OR GUARANTIES AS TO THE EXTENT TIMELY OR CORRECT INSTALLATION OF THE SOFTWARE, OR THE HARDWARE OR ANY DOWN TIME THAT TELESYSTEM CANNOT DISCLAIM ANY THE SOFTWARE OR HARDWARE MAY CAUSE LICENSEE IN ITS BUSINESS, EVEN IF LICENSOR IS ACTUALLY NOTIFIED OF THE POTENTIAL OF SUCH WARRANTY AS LOSSES. LICENSEE IS A MATTER OF APPLICABLE LAWSOPHISTICATED BUSINESSPERSON AND HAS EXERCISED ITS OWN JUDGMENT AND DILIGENCE IN REVIEWING THE SOFTWARE, THE SCOPE HARDWARE, AND DURATION THE APPLICATION SERVICES AND THEIR CAPABILITIES. LICENSEE HAS MADE AN INDEPENDENT JUDGMENT TO ACQUIRE THE SOFTWARE AND THE HARDWARE AFTER ITS OWN REVIEW AND INVESTIGATION WITHOUT REGARD TO ANY WARRANTIES OR REPRESENTATIONS MADE BY LICENSOR. THIS SECTION SHALL SURVIVE TERMINATION OR EXPIRATION AND NON-RENEWAL OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWTHIS AGREEMENT.

Appears in 1 contract

Samples: Software License and Network Access Agreement (Future Technologies Inc)

Warranty Disclaimer. EACH RENTAL DEVICE THE SOLUTION IS MADE AND ANY TELEPHONE DESIGNED SPECIFICALLY TO IDENTIFY POTENTIAL POINTS OF FAILURE IN SOFTWARE AND HARDWARE PURCHASED SYSTEMS AND INFORMATION TECHNOLOGY OPERATING ENVIRONMENTS AND TO CAUSE FAILURE IN CONNECTION WITH THIS RENTAL AGREEMENT SUCH SOFTWARE AND HARDWARE SYSTEMS AND INFORMATION TECHNOLOGY OPERATING ENVIRONMENTS. XXXXXXX MAKES NO WARRANTY THAT THE SOLUTION IS SAFE FOR USE OR THAT ONLY SOFTWARE AND HARDWARE SYSTEMS AND INFORMATION TECHNOLOGY OPERATING ENVIRONMENTS THAT ARE IDENTIFIED IN A TESTING PLAN WILL BE CAUSED TO FAIL.THE SOLUTION IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITH ALL FAULTS, DEFECTS AND TELESYSTEM MAKES NO WARRANTIESERRORS, EXPRESS OR AND WITHOUT WARRANTY OF ANY KIND. GREMLIN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, ARISING BY LAW OR OTHERWISE) REGARDING THE SOLUTION AND THEIR PERFORMANCE OR SUITABILITY FOR CUSTOMER’S INTENDED USE, INCLUDING BUT NOT LIMITED TO THE IMPLIED ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY AND REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR OR NON-INFRINGEMENT. FOR THE AVOIDANCE OF DOUBT, XXXXXXX MAKES NO WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS GUARANTY, COMMITMENT OR OTHER OBLIGATION RELATED TO THE ACCURACY OR COMPLETENESS OF ANY LAW OF THE UNITED STATES RESULTS (INCLUDING, WITHOUT LIMITATION, ANY PREDICTIONS OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR PREDICTIVE ANALYTICS INCLUDED IN SUCH RESULTS) AND CUSTOMER IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY SOLELY RESPONSIBLE FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT ITS USE AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM RELIANCE ON ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWRESULTS.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM PIVATEL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM XXXXXXX MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). THE ENTIRE RISK ASSOCIATED WITH THE USE OF ANY RENTAL DEVICE SHALL BE BORNE SOLELY BY YOU. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM PIVATEL CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

Appears in 1 contract

Samples: Program and Rental Agreement

Warranty Disclaimer. EACH RENTAL DEVICE OTHER THAN EXPRESS WARRANTIES IN THE AGREEMENT, MAXIMIZER MAKES NO WARRANTY CONCERNING THE MAXIMIZER SYSTEM, MAXIMIZER TECHNOLOGY OR SERVICES AND ANY TELEPHONE HARDWARE PURCHASED CUSTOMER ACKNOWLEDGES THAT MAXIMIZER’S SOLE OBLIGATION WITH REGARD TO THE SERVICES IS TO PROVIDE THE SUPPORT SERVICES DESCRIBED IN SECTION 2.3. ACCORDINGLY, THE SERVICES, THE MAXIMIZER SYSTEM, THE MAXIMIZER TECHNOLOGY AND ALL OTHER DATA, MATERIALS, AND DOCUMENTATION PROVIDED IN CONNECTION WITH THIS RENTAL AGREEMENT IS BY MAXIMIZER AND ITS SUPPLIERS ARE PROVIDED “AS IS” AND “AS AVAILABLE,WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. MAXIMIZER AND TELESYSTEM MAKES ITS SUPPLIERS MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR ANY COUNTRYUSAGE OF TRADE. TELESYSTEM MAXIMIZER DOES NOT WARRANT THAT THE SERVICES WILL BE PROVIDED ERROR-FREE, UNINTERRUPTED, COMPLETELY SECURE, OR VIRUS-FREE. MAXIMIZER MAKES NO REPRESENTATIONS THAT THE SOFTWARE IS APPROPRIATE OR WARRANTIES AVAILABLE FOR USE IN THE LOCATION OF THE CUSTOMER. THOSE WHO ACCESS OR USE THE SOFTWARE ARE RESPONSIBLE TO ENSURE THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR THEIR USE IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF IN COMPLIANCE WITH APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.LOCAL LAW.‌

Appears in 1 contract

Samples: Maximizer Services

Warranty Disclaimer. EACH RENTAL DEVICE EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTY WITH RESPECT TO ANY TECHNOLOGY, GOODS, SERVICES, RIGHTS OR OTHER SUBJECT MATTER OF THIS AGREEMENT AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED HEREBY DISCLAIMS WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW AND ALL OF THE UNITED STATES FOREGOING. LIBD DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE LIBD DATA, INCLUDING WITHOUT LIMITATION, THE SALE OF LICENSED PRODUCTS OR OTHER, USE, ACTIVITIES OR OTHER EXPLOITATION OF THE LICENSED PRODUCTS OR DELIVERABLES, THAT IT WILL NOT INFRINGE OR MISAPPROPRIATE ANY STATE THEREOF PATENT OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY. ANY WARRANTY MADE BY BULLFROGAI TO ITS CUSTOMERS, USERS OF ANY LICENSED PRODUCT OR ANY OTHER THIRD PARTY FOR INFRINGEMENT ARE MADE BY BULLFROGAI ALONE AND SHALL NOT BIND LIBD OR MISAPPROPRIATION BE DEEMED OR TREATED AS HAVING BEEN MADE BY LIBD. LIBD MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER AS TO ANY RESULTS TO BE ACHIEVED IN CONSEQUENCE OF INTELLECTUAL PROPERTY BULLFROGAI CARRYING OUT ANY DEVELOPMENT EFFORTS OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT ACTIVITIES UNDER THIS AGREEMENT, OR THAT THAT THE DISCLAIMER DEVELOPMENT OR ACTIVITIES OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY LICENSED PRODUCT WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWSUCCESSFUL OR THAT ANY LICENSED PRODUCT WILL BE COMMERCIALLY EXPLOITABLE.

Appears in 1 contract

Samples: Commercial Agreement (BullFrog AI Holdings, Inc.)

Warranty Disclaimer. EACH RENTAL DEVICE EXCEPT AS PROVIDED IN THIS CLAUSE 14, THIS AGREEMENT EXCLUDES, AND NECP HEREBY SPECIFICALLY AND CATEGORICALLY DISCLAIMS, ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE IMPLEMENTATION SERVICES, INCLUSIVE TECHNICAL SUPPORT, ADDITIONAL TECHNICAL SUPPORT, CONSULTING, OPERATIONS ACTIVITIES, Processing Services and Digital Banking Technologies, OR ANY COMPONENTS OR PARTS THEREOF, AND/OR ANY OTHER TECHNOLOGY PRODUCT OR SERVICE PROVIDED BY NECP TO CLIENT HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED TO, WARRANTIES OF MERCHANTABILITY AND QUALITY, PERFORMANCE, NON-INFRINGEMENT, MARKETABILITY AND/OR FITNESS FOR A ANY PARTICULAR PURPOSE AND DEFINED OR UNDEFINED. NOR ARE THERE ANY SIMILAR WARRANTYWARRANTIES CREATED BY A COURSE OF DEALING, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS COURSE OF ANY LAW PERFORMANCE, OR USAGE. NECP DOES NOT WARRANT THAT the Implementation Services, Inclusive Technical Support, Additional Technical Support, Consulting, Operations Activities, Processing Services and Digital Banking Technologies WILL MEET CLIENTS NEEDS, OR BE USABLE WITHOUT THE NEED TO OBTAIN LICENSES FROM THIRD PARTIES FOR PROPRIETARY PROCESSES OR Technologies; OR THAT ALL ERRORS CAN BE CORRECTED, OR THAT Provision OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE Implementation Services, Inclusive Technical Support, Additional Technical Support, Consulting, Operations Activities, Processing Services and Digital Banking Technologies AND OTHER SOFTWARE or services USED IN CONNECTION THEREWITH WILL BE DELIVERED TO YOU BY A PARTICULAR DATE UNINTERRUPTED OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS)ERROR-FREE. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOUEXCEPTIONS ARE AN INTRINSIC AND ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE CHARGES. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.CLIENT: _______ NECP: _______ 16 of 27

Appears in 1 contract

Samples: Banking Platform Operating Agreement (AppTech Corp.)

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO WITHOUT WARRANTY OF ANY KIND BY AMPLIFY. AMPLIFY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED ANY WARRANTY AS TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. CUSTOMER ASSUMES RESPONSIBILITY FOR SELECTING THE PRODUCTS TO ACHIEVE CUSTOMER’S INTENDED RESULTS AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW FOR THE ACCESS AND USE OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRYPRODUCTS, INCLUDING THE RESULTS OBTAINED FROM THE PRODUCTS. TELESYSTEM WITHOUT LIMITING THE FOREGOING, AMPLIFY MAKES NO REPRESENTATIONS OR WARRANTIES WARRANTY THAT ANY RENTAL DEVICE THE PRODUCTS WILL BE DELIVERED TO YOU BY A PARTICULAR DATE ERROR-FREE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY FROM INTERRUPTIONS OR OTHER PROPRIETARY FAILURES OR WILL MEET CUSTOMER’S REQUIREMENTS. AMPLIFY IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY THIRD-PARTY CONTENT OR SOFTWARE INCLUDED IN PRODUCTS, INCLUDING THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, OR SAFETY OF, OR IP RIGHTS (INCLUDING PATENT RELATING TO, SUCH THIRD-PARTY CONTENT AND TRADE SECRET RIGHTS)SOFTWARE. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER ANY ACCESS TO OR USE OF CERTAIN WARRANTIES SUCH THIRD-PARTY CONTENT AND THE FOREGOING DISCLAIMERS SOFTWARE MAY NOT APPLY TO YOU. BE SUBJECT TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER TERMS AND CONDITIONS AND INFORMATION COLLECTION, USAGE, AND DISCLOSURE PRACTICES OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWTHIRD PARTIES.

Appears in 1 contract

Samples: Vendor Agreement

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT YOUR USE OF THE SHOPGATE CONNECT PLATFORM IS AT YOUR SOLE RISK. THE SHOPGATE CONNECT PLATFORM IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.YOU BEAR THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AVAILABILITY OF APPLICATIONS AND TELESYSTEM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO CONTENT FROM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRYSHOPGATE CONNECT PLATFORM. TELESYSTEM SHOPGATE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SHOPGATE CONNECT PLATFORM OR SUPPORT SERVICES (IF ANY). YOU UNDERSTAND THAT SHOPGATE USES AFFILIATES, THIRD-PARTY VENDORS AND HOSTING PARTNERS TO PROVIDE THE NECESSARY HARDWARE, SOFTWARE, NETWORKING, AND RELATED TECHNOLOGY REQUIRED TO RUN THE SHOPGATE CONNECT PLATFORM AND THAT SHOPGATE IS NOT RESPONSIBLE FOR THE SERVICES PROVIDED BY SUCH THIRD PARTIES. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, SHOPGATE DISCLAIMS ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR DATE PURPOSE, AND NON-INFRINGEMENT, AVAILABILITY, ERROR-FREE OR IS FREE UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF RIGHTFUL CLAIMS DEALING, COURSE OF ANY THIRD PARTY FOR INFRINGEMENT PERFORMANCE, OR MISAPPROPRIATION USAGE OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOUTRADE. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY SHOPGATE MAY NOT AS A MATTER OF APPLICABLE LAWLAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

Appears in 1 contract

Samples: s3.eu-west-1.amazonaws.com

Warranty Disclaimer. EACH RENTAL DEVICE THE SERVICE, CLIENT SOFTWARE, AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS THIRD-PARTY SOFTWARE ARE PROVIDED ON AN "AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO " BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS EXPRESS, IMPLIED, STATUTORY OR IMPLIEDOTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA, OR ITS EMPLOYEES, DIRECTORS, CONTRACTORS, OR AGENTS, BE LIABLE FOR ANY SIMILAR WARRANTYCONSEQUENTIAL, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE UNITED STATES USE OR INABILITY TO USE THE CLIENT SOFTWARE, THIRD-PARTY SOFTWARE, OR THE SERVICE, EVEN IF INTERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIA’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THE AGREEMENT EXCEED THE AMOUNTS PAID BY YOU TO ACCESS AND USE THE SERVICE IN THE SIX (6) MONTHS PRIOR TO ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED EVENT GIVING RISE TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS)SUCH LIABILITY. SOME JURISDICTIONS DO NOT PERMIT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE DISCLAIMER EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING DISCLAIMERS ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

Appears in 1 contract

Samples: www.intermedia.net

Warranty Disclaimer. EACH RENTAL DEVICE Data Resolve WARRANTS THAT IT HOLDS ALL RIGHT, TITLE AND ANY TELEPHONE HARDWARE PURCHASED INTEREST IN CONNECTION WITH THIS RENTAL AGREEMENT AND TO inDefend OR THAT IT IS OTHERWISE ENTITLED TO PROVIDE inDefend TO YOU ON THE TERMS CONTAINED HEREIN. Data Resolve WARRANTS THAT inDefend, WHEN IT IS DELIVERED TO YOU, IS FREE OF VIRUSES, TROJAN HORSES, WORMS AND OTHER SIMILAR DESTRUCTIVE OR DISABLING CODE. THE ABOVE IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY Data Resolve. inDefend IS PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. Data Resolve EXPRESSLY DISCLAIMS AND TELESYSTEM MAKES NO WARRANTIESYOU HEREBY EXPRESSLY WAIVE ALL OTHER CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTYPURPOSE; THAT inDefend WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF inDefend WILL BE UNINTERRUPTED OR ERROR- FREE OR THAT ERRORS IN inDefend , WHETHER SAID IF ANY, WILL BE CORRECTED. Data Resolve’s ABOVE LIMITED WARRANTY ARISES UNDER PROVISIONS IS IN LIEU OF ANY LAW ALL LIABILITIES OR OBLIGATIONS OF Data Resolve FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, USE OR PERFORMANCE OF inDefend. inDefend‘s FAILURE TO PERFORM IN ACCORDANCE WITH THE SPECIFICATIONS SHALL NOT BE CONSIDERED A FAILURE OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR ESSENTIAL PURPOSE OF THE WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWCONTAINED HEREIN.

Appears in 1 contract

Samples: www.dataresolve.com

Warranty Disclaimer. EACH RENTAL DEVICE THE SERVICE, SOFTWARE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS ALL DOCUMENTATION PROVIDED BY CISCO HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLEWITH ALL FAULTS,” AND TELESYSTEM MAKES NO WARRANTIESCISCO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED TO, ANY WARRANTIES OF MERCHANTABILITY AND OPERABILITY, CONDITION, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, OR THE ABSENCE OF ANY SIMILAR WARRANTYDEFECTS THEREIN, WHETHER SAID LATENT OR PATENT. NO WARRANTY ARISES IS MADE BY CISCO ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. CISCO DOES NOT WARRANT THAT THE SERVICE, SOFTWARE OR THE DOCUMENTATION PROVIDED UNDER PROVISIONS OF ANY LAW OF THIS AGREEMENT WILL MEET YOUR REQUIREMENTS OR THAT THE UNITED STATES OR ANY STATE OPERATION THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. CISCO DOES NOT GUARANTEE THAT THE SERVICE WILL GUARANTEE SECURITY DUE TO YOU BY A PARTICULAR DATE THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING FILES, NETWORKS AND ENDPOINTS. CISCO DOES NOT WARRANT THAT THE SERVICE WILL PROTECT YOUR FILES, NETWORK OR IS FREE OF RIGHTFUL CLAIMS OF ANY ENDPOINTS FROM ALL MALWARE, VIRUSES OR THIRD PARTY MALICIOUS ATTACKS. YOU ACKNOWLEDGE THAT CISCO’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWYOUR BENEFIT ONLY.

Appears in 1 contract

Samples: www.cisco.com

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT THE SOFTWARE IS PROVIDED “LICENSED FOR CUSTOMER'S TEMPORARY EVALUATION "AS IS" AND “AS AVAILABLE” WIND RIVER AND TELESYSTEM MAKES NO ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIEDEXPRESS, INCLUDING BUT NOT LIMITED TO IMPLIED AND STATUTORY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WIND RIVER, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL IN ANY SIMILAR WAY INCREASE THE SCOPE OF THIS WARRANTY. 9. LIMITATION OF LIABILITY. WIND RIVER AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES OF ANY LAW KIND (INCLUDING DAMAGES FOR INTERRUPTION OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF PROFITS, OR THE LIKE) REGARDLESS OF THE UNITED STATES FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY STATE THEREOF OTHER LEGAL OR EQUITABLE THEORY EVEN IF WIND RIVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WIND RIVER'S AGGREGATE CUMULATIVE LIABILITY FOR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS CLAIMS ARISING OUT OF OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED RELATED TO YOU BY A PARTICULAR DATE THIS AGREEMENT EXCEED $50.00 OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS THE AMOUNT CUSTOMER ACTUALLY PAID WIND RIVER UNDER THIS AGREEMENT (INCLUDING PATENT AND TRADE SECRET RIGHTSIF ANY). SOME JURISDICTIONS DO THE WARRANTY DISCLAIMER AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WIND RIVER AND CUSTOMER. WIND RIVER WOULD NOT PERMIT BE ABLE TO PROVIDE THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOUSOFTWARE WITHOUT SUCH LIMITATIONS. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW<PAGE> 10.

Appears in 1 contract

Samples: Added Reseller Agreement

Warranty Disclaimer. EACH RENTAL DEVICE THE SOLUTION IS MADE AND ANY TELEPHONE DESIGNED SPECIFICALLY TO IDENTIFY POTENTIAL POINTS OF FAILURE IN SOFTWARE AND HARDWARE PURCHASED SYSTEMS AND INFORMATION TECHNOLOGY OPERATING ENVIRONMENTS AND TO CAUSE FAILURE IN CONNECTION WITH THIS RENTAL AGREEMENT SUCH SOFTWARE AND HARDWARE SYSTEMS AND INFORMATION TECHNOLOGY OPERATING ENVIRONMENTS. GREMLIN MAKES NO WARRANTY THAT THE SOLUTION IS SAFE FOR USE OR THAT ONLY SOFTWARE AND HARDWARE SYSTEMS AND INFORMATION TECHNOLOGY OPERATING ENVIRONMENTS THAT ARE IDENTIFIED IN A TESTING PLAN WILL BE CAUSED TO FAIL.THE SOLUTION IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITH ALL FAULTS, DEFECTS AND TELESYSTEM MAKES NO WARRANTIESERRORS, EXPRESS OR AND WITHOUT WARRANTY OF ANY KIND. GREMLIN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, ARISING BY LAW OR OTHERWISE) REGARDING THE SOLUTION AND THEIR PERFORMANCE OR SUITABILITY FOR CUSTOMER’S INTENDED USE, INCLUDING BUT NOT LIMITED TO THE IMPLIED ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY AND REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR OR NON-INFRINGEMENT. FOR THE AVOIDANCE OF DOUBT, GREMLIN MAKES NO WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS GUARANTY, COMMITMENT OR OTHER OBLIGATION RELATED TO THE ACCURACY OR COMPLETENESS OF ANY LAW OF THE UNITED STATES RESULTS (INCLUDING, WITHOUT LIMITATION, ANY PREDICTIONS OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR PREDICTIVE ANALYTICS INCLUDED IN SUCH RESULTS) AND CUSTOMER IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY SOLELY RESPONSIBLE FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT ITS USE AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM RELIANCE ON ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWRESULTS.

Appears in 1 contract

Samples: Terms of Service Agreement

Warranty Disclaimer. EACH RENTAL DEVICE AND EXCEPT FOR ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT WARRANTY THAT MAY BE OFFERED BY RESELLER, THE SOFTWARE, INCLUDING WITHOUT LIMITATION THE THIRD-PARTY CODE (IF ANY), IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM OST MAKES NO WARRANTIES TO ANY PERSON OR ENTITY WITH RESPECT TO THE SOFTWARE AND DISCLAIMS ALL IMPLIED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND 17. Limitation of Damages and Remedies. IN NO EVENT SHALL OST BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY SIMILAR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SOFTWARE. NOTWITHSTANDING ANYTHING IN THE END USER AGREEMENT TO THE CONTRARY, THE TOTAL LIABILITY OF OST TO END USER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LIABILITY ARISING OUT OF CONTRACT, TORT, BREACH OF WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS INFRINGEMENT OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE FEES PAID BY END USER WITH RESPECT TO THE SOFTWARE DURING THE PRECEDING FOUR CALENDAR QUARTERS. OST SHALL NOT BE LIABLE FOR LOSS OR INACCURACY OF ANY LAW DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SYSTEM DOWNTIME, GOODWILL, PROFITS OR OTHER BUSINESS LOSS, REGARDLESS OF LEGAL THEORY, EVEN IF OST HAS BEEN ADVISED OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION POSSIBILITY OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWDAMAGES.

Appears in 1 contract

Samples: d7umqicpi7263.cloudfront.net

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED THE PRODUCT MAY (A) HAVE LIMITED FEATURES; (B) FUNCTION FOR A LIMITED PERIOD OF TIME; OR (C) HAVE OTHER LIMITATIONS NOT CONTAINED IN CONNECTION WITH THIS RENTAL AGREEMENT A COMMERCIAL VERSION OF THE PRODUCT. THE PRODUCT IS PROVIDED “AS IS" AND “AS AVAILABLE” XEROX, ITS AFFILIATES, SUPPLIERS AND TELESYSTEM MAKES NO WARRANTIESRESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. XEROX, ITS AFFILIATES, SUPPLIERS AND ANY SIMILAR WARRANTYRESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS REGARDING THE ACCURACY OR RELIABILITY OF ANY LAW INFORMATION OBTAINED THROUGH THE PRODICT OR THAT THE PRODUCT WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE UNITED STATES PRODUCT IS AT CUSTOMER’S OWN DISCRETION AND RISK. CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER RESULTING FROM THE USE OF THE PRODUCT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT REMAINS WITH CUSTOMER. XEROX DOES NOT ASSUME ANY STATE THEREOF RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. XEROX CANNOT GUARANTEE AND DOES NOT PROMISE ANY COUNTRYSPECIFIC RESULTS FROM USE OF THE SERVICES. TELESYSTEM XEROX MAKES NO REPRESENTATIONS WARRANTIES OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE REPRESENATIONS CONCERNING THE PRICING OR IS FREE FUTURE AVAILABILITY, IF ANY, OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWPRODUCT.

Appears in 1 contract

Samples: Trial Agreement

Warranty Disclaimer. EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES MAXIUMUM EXTENT PERMITTED BY APPLICABLE LAW, PARTNER’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF MERCHANTABILITY DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, PARTNER MAY TERMINATE THE RELEVANT SERVICES AND FITNESS FOR RECEIVE A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW PRO RATA REFUND OF THE UNITED STATES FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. ALL STATUTORY OR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR IMPLIED CONDITIONS AND WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED ARE EXCLUDED TO YOU THE FULLEST EXTENT PERMITTED BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOUAPPLICABLE LAW. TO THE FULLEST EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF PERMITTED BY APPLICABLE LAW, LIABILITY UNDER ANY CONDITION OR WARRANTY WHICH CANNOT LEGALLY BE EXCLUDED IS LIMITED, IN THE SCOPE DISCRETION OF RED HAT, TO: (A) IN THE CASE OF GOODS, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, THE REPAIR OF THE GOODS, THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND DURATION (B) IN THE CASE OF SUCH WARRANTY WILL BE SERVICES, SUPPLYING THE MINIMUM PERMITTED UNDER SUCH LAWSERVICES AGAIN, OR PAYING THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.

Appears in 1 contract

Samples: Partner Agreement Global

Warranty Disclaimer. EACH RENTAL DEVICE EXCEPT FOR THE EXPRESS WARRANTIES SPECIFIED ABOVE IN SECTION 12.1 AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TELESYSTEM MAKES NO 12.2, DYNATRACE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS NON-INFRINGEMENT. DYNATRACE DOES NOT WARRANT THAT: (A) THE USE OF ANY LAW DYNATRACE PRODUCT OR DELIVERABLES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE PRODUCTS OR DELIVERABLES OR ANY INFORMATION OBTAINED THROUGH THE PRODUCTS OR DELIVERABLES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED CUSTOMER DATA WILL BE ACCURATE OR RELIABLE; OR (D) THE PRODUCTS OR DELIVERABLES WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, OR THAT ERRORS OR DEFECTS THEREIN WILL BE CORRECTED. DYNATRACE IS NOT RESPONSIBLE FOR THE IMPACT ON THE ACCURACY, RELIABILITY, AVAILABILITY AND/OR TIMELINESS OF RESULTS OF FACTORS OUTSIDE ITS REASONABLE CONTROL, INCLUDING CHANGES TO CUSTOMER’S MONITORING PROFILE, CUSTOMER NETWORK ISSUES, VERSIONS OF CUSTOMER APPLICATIONS, CORRUPTED, INCOMPLETE AND/OR INTERRUPTED DATA RECEIVED FROM CUSTOMER’S SITE(S) OR OTHER PROBLEMS INHERENT IN THE USE OF THE UNITED STATES OR INTERNET AND ELECTRONIC COMMUNICATIONS. DYNATRACE IS NOT RESPONSIBLE FOR ANY STATE THEREOF OR ANY COUNTRY. TELESYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY DELAYS, DELIVERY FAILURES, OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TELESYSTEM CANNOT DISCLAIM ANY DAMAGES RESULTING FROM SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAWPROBLEMS.

Appears in 1 contract

Samples: Master Subscription Agreement

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