Disclaimer of Warranties and Liability. Please read this disclaimer carefully before using ▇▇▇▇▇▇▇▇▇.▇▇▇. In the event that MaxxSouth or its affiliated entities have provided links and pointers to Internet sites maintained by third parties, unless expressly stated otherwise, no inference or assumption should be made and no representation may be implied that either MaxxSouth or its affiliated entities operate or control in any way any information, products or services on these third-party sites. YOU AGREE THAT YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. THE MATERIALS ON THIS SITE ARE PROVIDED TO YOU “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SPECIFICALLY, MAXXSOUTH AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE ON OR THROUGH THE SITE. NOR DO THEY GUARANTEE THAT THE SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAXXSOUTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU, AND NOT MAXXSOUTH, ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. UNDER NO CIRCUMSTANCES SHALL MAXXSOUTH OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES. THE TYPES OF DAMAGES EXPRESSLY EXCLUDED AND MADE NON-RECOVERABLE BY THIS PROVISION INCLUDE, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF MAXXSOUTH AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE SERVICE OR FOR THE USE OF THE SERVICE.
Appears in 1 contract
Sources: Terms of Use
Disclaimer of Warranties and Liability. Please read this disclaimer carefully before using ▇▇▇▇▇▇▇▇▇.▇▇▇. In the event that MaxxSouth or its affiliated entities have provided links and pointers to Internet sites maintained by third partiesEXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, unless expressly stated otherwise, no inference or assumption should be made and no representation may be implied that either MaxxSouth or its affiliated entities operate or control in any way any information, products or services on these third-party sites. YOU AGREE THAT YOUR USE OF THIS SERVICE THE MGIEXTN SYSTEM IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. THE MATERIALS ON THIS SITE ARE PROVIDED TO YOU “"AS IS” ," "WITH ALL FAULTS," AND "AS AVAILABLE" WITHOUT ANY WARRANTIES WARRANTY OF ANY KIND KIND, EITHER EXPRESS EXPRESSED OR IMPLIED. SPECIFICALLY, MAXXSOUTH AND ITS AFFILIATESINCLUDING, AGENTS AND LICENSORS CANNOT AND DO BUT NOT WARRANT LIMITED TO, THE COMPLETENESS, CURRENTNESS, ACCURACY, COMPLETENESSNON-INFRINGEMENT, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY MERCHANT ABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. USER ASSUMES FULL RESPONSIBILITY FOR THE SELECTION OF THE INFORMATION AVAILABLE ON OR THROUGH MGIEXTN SYSTEM TO ACHIEVE INTENDED RESULTS AND FOR THE SITEINSTALLATION, USE AND RESULTS OBTAINED FROM THE MGIEXTN SYSTEM. NOR DO THEY GUARANTEE MGI DOES NOT WARRANT THAT THE SITE FUNCTIONS CONTAINED IN THE MGIEXTN SYSTEM WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE MEET USER'S REQUIREMENTS OR THAT THE SITE, INCLUDING BULLETIN BOARDS OR OPERATION OF THE SERVER THAT MAKES IT AVAILABLE MGIEXTN SYSTEM WILL BE FREE OF VIRUSES UNINTERRUPTED OR OTHER HARMFUL COMPONENTSERROR FREE, VIRUS FREE, OR CONTINUOUSLY AVAILABLE. MAXXSOUTH DOES NOT WARRANT MGI MAKES NO WARRANTY REGARDING LINKS TO THIRD-PARTY WEBSITES OR MAKE ANY REPRESENTATIONS REGARDING THIRD-PARTY SOFTWARE THAT MAYBE INCLUDED WITH THE MGIEXTN SYSTEM. USE OR THE ACCESS TO SUCH THIRD-PARTY LINKS AND SOFTWARE, OR WEBSITES IS DONE SO ENTIRELY AT USER'S OWN RISK. USER UNDERSTANDS THAT USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S OR MGIEXTN USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS OF THE FROM USE OF THE MATERIALS MGIEXTN SYSTEM. BECAUSE SOFTWARE IS INHERENTLY COMPLEX AND MAY CONTAIN ERRORS, USER (AND MGIEXTN USERS) IS ADVISED TO VERIFY AND BACKUP ITS WORK. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY WHICH INCLUDES ANY CLAIM RELATED TO THIS AGREEMENT BASED ON THIS SITE CONTRACT, TORT OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS STRICT LIABILITY FOR DAMAGES OF THEIR CORRECTNESSANY KIND, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU, AND NOT MAXXSOUTH, ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. UNDER NO CIRCUMSTANCES SHALL MAXXSOUTH OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES. THE TYPES OF DAMAGES EXPRESSLY EXCLUDED AND MADE NON-RECOVERABLE BY THIS PROVISION INCLUDE, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIALCOMPENSATORY, SPECIAL, INCIDENTALDIRECT, INDIRECT, PUNITIVE OR SIMILAR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES AS THEY RELATE TO THIS AGREEMENT. THESE LIMITATIONS APPLY EVEN IF WE ARE MGI IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE USER AGREES THAT THE AGGREGATE LIABILITY OF MAXXSOUTH MGI, ITS AGENTS, AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE THIS AGREEMENT, SHALL NOT EXCEED THE GREATER OF 1) THE TOTAL AMOUNT YOU OF FEES PAID BY USER TO MGI, IF ANY, FOR USER'S ANNUAL USE OF MGIEXTN, OR 2) $100. THIS LIMITATION ON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THE AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. MGI SHALL HAVE NO LIABILITY FOR LOSS OF DATA OR DOCUMENTATION ON THE MGIEXTN SYSTEM, IT BEING UNDERSTOOD THAT MGIEXTN IS A REPOSITORY FOR COPIES OF DOCUMENTS AND USER IS RESPONSIBLE FOR REASONABLE BACKUP PRECAUTIONS. THE PARTIES AGREE TO THE SERVICE ALLOCATION OF LIABILITY SET FORTH IN THIS SECTION. USER ACKNOWLEDGES THAT WITHOUT ITS AGREEMENT TO THE LIMITATIONS CONTAINED HEREIN, ANY FEES CHARGED UNDER THIS AGREEMENT WOULD BE SIGNIFICANTLY HIGHER. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR FOR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE USE ABOVE LIMITATIONS MAY NOT APPLY TO USER. IN SUCH STATES, THE LIABILITY OF MGI UNDER THIS AGREEMENT IS LIMITED TO THE SERVICEFULLEST EXTENT PERMITTED BY SUCH STATE LAW.
Appears in 1 contract
Sources: Licensing Agreement
Disclaimer of Warranties and Liability. Please read this disclaimer carefully before using ▇▇▇▇▇▇▇▇▇.▇▇▇. In the event that MaxxSouth or its affiliated entities have provided links and pointers to Internet sites maintained by third parties, unless expressly stated otherwise, no inference or assumption should be made and no representation may be implied that either MaxxSouth or its affiliated entities operate or control in any way any information, products or services on these third-party sites. YOU AGREE THAT YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISKLIMITED WARRANTY. THE MATERIALS ON THIS SITE ARE SOFTWARE IS PROVIDED TO YOU “"AS IS” AND " WITHOUT ANY WARRANTIES WARRANTY OR CONDITION OF ANY KIND KIND, EITHER EXPRESS EXPRESSED OR IMPLIED. SPECIFICALLY, MAXXSOUTH INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND ITS AFFILIATES, AGENTS CONDITIONS OF MERCHANTABILITY AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE INFORMATION AVAILABLE ON OR THROUGH SOFTWARE IS WITH YOU. SHOULD THE SITE. NOR DO THEY GUARANTEE THAT THE SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SITESOFTWARE PROVE DEFECTIVE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAXXSOUTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU, AND NOT MAXXSOUTH, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCESERVICING, REPAIR OR CORRECTION. UNDER NO CIRCUMSTANCES SHALL MAXXSOUTH SOME STATES, PROVINCES, OR ITS LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE, PROVINCE TO PROVINCE, OR JURISDICTION TO JURISDICTION. CANON, CANON'S SUBSIDIARIES OR AFFILIATES, AGENTS THEIR DISTRIBUTORS OR DEALERS OR CANON'S LICENSORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. However, Canon or Canon's subsidiary or affiliate warrants the media on which the SOFTWARE is stored (if any) to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date you obtained the same as evidenced by a receipt or otherwise. CUSTOMER REMEDIES. Canon, Canon's subsidiaries and affiliates, their distributors and dealers and Canon's licensors' entire liability and your exclusive remedy shall be the replacement of the media not meeting the LIMITED WARRANTY set forth above. The LIMITED WARRANTY does not apply if failure of the media has resulted from accident, abuse or misapplication of the SOFTWARE and may not extend to anyone other than you. NO LIABILITY FOR DAMAGES. IN NO EVENT SHALL CANON, CANON'S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS, DEALERS OR CANON'S LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES. THE TYPES OF DAMAGES EXPRESSLY EXCLUDED AND MADE NON-RECOVERABLE BY THIS PROVISION INCLUDE, WHATSOEVER (INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIALLOSS OF BUSINESS PROFITS, SPECIALLOSS OF BUSINESS INFORMATION, INCIDENTALBUSINESS INTERRUPTION OR OTHER COMPENSATORY, INDIRECTINCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE SOFTWARE, PUNITIVE USE THEREOF OR SIMILAR DAMAGES, INABILITY TO USE THE SOFTWARE EVEN IF WE ARE CANON, CANON'S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS, DEALERS OR CANON'S LICENSORS HAVE BEEN ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR LEGAL JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, FRAUD OR PERSONAL INJURY OR DEATH RESULTING FROM NEGLIGENCE ON THE PART OF SELLER, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. RELEASE OF LIABILITY. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE LIABILITY OF MAXXSOUTH HEREBY RELEASE CANON, CANON'S SUBSIDIARIES AND ITS AFFILIATES, AGENTS THEIR DISTRIBUTORS AND LICENSORS, IF ANY, DEALERS AND CANON'S LICENSORS FROM ANY AND ALL LIABILITY ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO OF, OR RELATED TO, ALL CLAIMS CONCERNING THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE SERVICE SOFTWARE OR FOR THE USE OF THE SERVICEITS USE.
Appears in 1 contract
Sources: Software License Agreement
Disclaimer of Warranties and Liability. Please read this disclaimer carefully before using ▇▇▇▇▇▇▇▇▇.▇▇▇. In the event that MaxxSouth or its affiliated entities have provided links and pointers to Internet sites maintained by third parties, unless expressly stated otherwise, no inference or assumption should be made and no representation may be implied that either MaxxSouth or its affiliated entities operate or control in any way any information, products or services on these third-party sites. YOU AGREE THAT YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISKLIMITED WARRANTY. THE MATERIALS ON THIS SITE ARE SOFTWARE IS PROVIDED TO YOU “"AS IS” AND " WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SPECIFICALLY, MAXXSOUTH MERCHANTABILITY AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE INFORMATION AVAILABLE ON OR THROUGH SOFTWARE IS WITH YOU. SHOULD THE SITE. NOR DO THEY GUARANTEE THAT THE SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SITESOFTWARE PROVE DEFECTIVE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAXXSOUTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU, AND NOT MAXXSOUTH, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCESERVICING, REPAIR OR CORRECTION. UNDER NO CIRCUMSTANCES SHALL MAXXSOUTH SOME STATES OR ITS LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION. CANON, CANON'S SUBSIDIARIES OR AFFILIATES, AGENTS THEIR DISTRIBUTORS, DEALERS OR CANON'S LICENSORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. However, Canon or Canon's subsidiaries warrant the medium on which the SOFTWARE is stored (if any) to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of you obtained the same as evidenced by a receipt or otherwise. CUSTOMER REMEDIES. Canon, Canon's subsidiaries and affiliates, their distributors and dealers' entire liability and your exclusive remedy shall be the replacement of the medium not meeting the LIMITED WARRANTY set forth above. The LIMITED WARRANTY does not apply if failure of the medium has resulted from accident, abuse or misapplication of the SOFTWARE and may not extend to anyone other than the original user of the SOFTWARE NO LIABILITY FOR DAMAGES. IN NO EVENT SHALL EITHER CANON, CANON'S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS DEALERS OR CANON'S LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES. THE TYPES OF DAMAGES EXPRESSLY EXCLUDED AND MADE NON-RECOVERABLE BY THIS PROVISION INCLUDE, WHATSOEVER (INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIALLOSS OF BUSINESS PROFITS, SPECIALLOSS OF BUSINESS INFORMATION, INCIDENTALBUSINESS INTERRUPTION OR OTHER COMPENSATORY, INDIRECTINCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE SOFTWARE, PUNITIVE USE THEREOF OR SIMILAR DAMAGES, INABILITY TO USE THE SOFTWARE EVEN IF WE ARE EITHER CANON, CANON'S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS, DEALERS OR CANON'S LICENSORS HAVE BEEN ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR LEGAL JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR PERSONAL INJURY OR DEATH RESULTING FROM NEGLIGENCE ON THE PART OF THE SELLER, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. RELEASE OF LIABILITY. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE LIABILITY OF MAXXSOUTH HEREBY RELEASE CANON, CANON'S SUBSIDIARIES AND ITS AFFILIATES, AGENTS THEIR DISTRIBUTORS, DEALERS AND LICENSORS, IF ANY, CANON'S LICENSORS FROM ANY AND ALL LIABILITY ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO OF, OR RELATED TO, ALL CLAIMS CONCERNING THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE SERVICE SOFTWARE OR FOR THE USE OF THE SERVICEITS USE.
Appears in 1 contract
Sources: Software License Agreement
Disclaimer of Warranties and Liability. Please read this disclaimer carefully before using DURING EVALUATION, OR EARLY ADOPTION OR BETA USE OF THE SOLUTIONS, THE SOLUTIONS ARE OFFERED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. CUSTOMER ASSUMES ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOLUTIONS AND ACKNOWLEDGES THAT THE USE OF THE SOLUTIONS, TO THE EXTENT APPLICABLE, MUST BE MADE IN STRICT CONFORMANCE WITH SENTINELONE'S INSTRUCTIONS. WITHOUT DEROGATING FROM THE FOREGOING, IT IS UNDERSTOOD AND AGREED THAT SENTINELONE WILL NOT BE LIABLE FOR ANY NETWORK DOWNTIME, SOLUTIONS DOWNTIME, AND/OR IDENTIFYING AREAS OF WEAKNESS IN THE SOLUTIONS. FOR ALL EVALUATIONS, OR EARLY ADOPTION OR BETA USE OF THE SOLUTIONS, SENTINELONE SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA, LOSS OF PROGRAMS OR INFORMATION OR OTHER INTANGIBLE LOSS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SOLUTIONS, OR INFORMATION, OR ANY PERMANENT OR TEMPORARY CESSATION OF THE SOLUTIONS OR ACCESS TO INFORMATION, OR THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, OR THE FAILURE TO STORE ANY CONTENT OR INFORMATION OR OTHER COMMERCIAL OR ECONOMIC LOSS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF SENTINELONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THAT THEY ARE FORESEEABLE. ▇▇▇▇▇▇▇▇▇.▇▇▇▇ IS ALSO NOT RESPONSIBLE FOR CLAIMS BY ANY THIRD PARTY. In the event that MaxxSouth or its affiliated entities have provided links and pointers to Internet sites maintained by third parties, unless expressly stated otherwise, no inference or assumption should be made and no representation may be implied that either MaxxSouth or its affiliated entities operate or control in any way any information, products or services on these third-party sites. YOU AGREE THAT YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK. BECAUSE OF WHILE THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. THE MATERIALS ON THIS SITE SOLUTIONS ARE PROVIDED TO YOU “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SPECIFICALLY, MAXXSOUTH AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE ON OR THROUGH THE SITE. NOR DO THEY GUARANTEE THAT THE SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES CHARGE FOR EVALUATION, EARLY ADOPTION OR OTHER HARMFUL COMPONENTSBETA PURPOSES ONLY, SENTINELONE’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER SHALL NOT EXCEED US $100. MAXXSOUTH DOES NOT WARRANT IN JURISDICTIONS WHERE THE EXCLUSION OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS LIMITATION OF THE USE OF THE MATERIALS ON THIS SITE OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU, AND NOT MAXXSOUTH, ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. UNDER NO CIRCUMSTANCES SHALL MAXXSOUTH OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES. THE TYPES OF DAMAGES EXPRESSLY EXCLUDED AND MADE NON-RECOVERABLE BY THIS PROVISION INCLUDE, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE CONSEQUENTIAL OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT INCIDENTAL DAMAGES IS NOT ALLOWED THE LIABILITY OF MAXXSOUTH AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED SENTINELONE SHALL BE LIMITED TO THE SERVICE GREATEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID APPLY TO THE SERVICE OR FOR THE USE OF THE SERVICEPARTIES OBLIGATIONS UNDER SECTION 7 (CONFIDENTIALITY) HEREIN.
Appears in 1 contract
Sources: Master Subscription Agreement
Disclaimer of Warranties and Liability. Please read this disclaimer carefully before using ▇▇▇▇▇▇▇▇▇.▇▇▇. In the event that MaxxSouth or its affiliated entities have provided links and pointers to Internet sites maintained by third partiesDURING EVALUATION, unless expressly stated otherwise, no inference or assumption should be made and no representation may be implied that either MaxxSouth or its affiliated entities operate or control in any way any information, products or services on these third-party sites. YOU AGREE THAT YOUR OR EARLY ADOPTION OR BETA USE OF THIS SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH SOLUTIONS, THE SERVICE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY SENTINELONE SOLUTIONS ARE OFFERED ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. THE MATERIALS ON THIS SITE ARE PROVIDED TO YOU AN “AS IS” AND BASIS, WITHOUT ANY WARRANTIES OF ANY KIND EITHER WARRANTIES, EXPRESS OR IMPLIED. SPECIFICALLY, MAXXSOUTH AND ITS AFFILIATESINCLUDING, AGENTS AND LICENSORS CANNOT AND DO BUT NOT WARRANT THE ACCURACYLIMITED TO, COMPLETENESSWARRANTIES OF MERCHANTABILITY, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, ACCURACY, NON- INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. CUSTOMER ASSUMES ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE INFORMATION AVAILABLE ON OR THROUGH THE SITE. NOR DO THEY GUARANTEE SOLUTIONS AND ACKNOWLEDGES THAT THE SITE USE OF THE SOLUTIONS, TO THE EXTENT APPLICABLE, MUST BE MADE IN STRICT CONFORMANCE WITH SENTINELONE'S INSTRUCTIONS. WITHOUT DEROGATING FROM THE FOREGOING, IT IS UNDERSTOOD AND AGREED THAT SENTINELONE WILL NOT BE ERROR-FREE LIABLE FOR ANY NETWORK DOWNTIME, SOLUTIONS DOWNTIME, AND/OR CONTINUOUSLY AVAILABLE IDENTIFYING AREAS OF WEAKNESS IN THE SOLUTIONS. FOR ALL EVALUATIONS, OR THAT EARLY ADOPTION OR BETA USE OF THE SITESOLUTIONS, INCLUDING BULLETIN BOARDS SENTINELONE SHALL HAVE NO LIABILITY TO CUSTOMER OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF VIRUSES REVENUE OR PROFIT, LOST OR DAMAGED DATA, LOSS OF PROGRAMS OR INFORMATION OR OTHER HARMFUL COMPONENTS. MAXXSOUTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS INTANGIBLE LOSS ARISING OUT OF THE USE OF OR THE MATERIALS ON THIS SITE INABILITY TO USE THE SOLUTIONS, OR IN THIRD-PARTY SITES INFORMATION, OR YOUR RELIANCE THEREUPON IN TERMS ANY PERMANENT OR TEMPORARY CESSATION OF THEIR CORRECTNESSTHE SOLUTIONS OR ACCESS TO INFORMATION, ACCURACYOR THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, TIMELINESSOR THE FAILURE TO STORE ANY CONTENT OR INFORMATION OR OTHER COMMERCIAL OR ECONOMIC LOSS, RELIABILITY HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE. YOU, AND NOT MAXXSOUTH, ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. UNDER NO CIRCUMSTANCES SHALL MAXXSOUTH OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES. THE TYPES OF DAMAGES EXPRESSLY EXCLUDED AND MADE NON-RECOVERABLE BY THIS PROVISION INCLUDE, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES), EVEN IF WE ARE SENTINELONE HAS BEEN ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, OR THAT THEY ARE FORESEEABLE. YOU AGREE THAT SENTINELONE IS ALSO NOT RESPONSIBLE FOR CLAIMS BY ANY THIRD PARTY. WHILE THE SOLUTIONS ARE PROVIDED FREE OF CHARGE FOR EVALUATION, EARLY ADOPTION OR BETA PURPOSES ONLY, SENTINELONE’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER SHALL NOT EXCEED US $100. IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED THE LIABILITY OF MAXXSOUTH AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED SENTINELONE SHALL BE LIMITED TO THE SERVICE GREATEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID APPLY TO THE SERVICE OR FOR THE USE OF THE SERVICEPARTIES OBLIGATIONS UNDER SECTION 8 (CONFIDENTIALITY) HEREIN.
Appears in 1 contract
Sources: Terms of Service
Disclaimer of Warranties and Liability. Please read this disclaimer carefully before using ▇▇▇▇▇▇▇▇▇.▇▇▇. In the event that MaxxSouth or its affiliated entities have provided links and pointers to Internet sites maintained by third parties, unless expressly stated otherwise, no inference or assumption should be made and no representation may be implied that either MaxxSouth or its affiliated entities operate or control in any way any information, products or services on these third-party sites. YOU AGREE THAT YOUR USE OF THIS THE SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTIONDISTRIBUTION AND WI-FI TECHNOLOGY, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES INACCURACIES, OR OTHER PROBLEMS WITH ACCESS TO SUCH INFORMATION. IF YOU RELY ON THIS THE SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS THE SERVICE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND OTHER ELECTRONIC DEVICES CONNECTED TO THE MATERIALS ON THIS SITE ARE SERVICE OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED TO THROUGH THE SERVICE. YOU “AS IS” SHOULD TAKE ALL PRECAUTIONS FOR THE SECURITY OF YOUR DEVICES AND WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIEDINFORMATION. SPECIFICALLY, MAXXSOUTH VIASAT AND ITS AFFILIATESRESPECTIVE SUPPLIERS, AGENTS PROVIDERS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICE OR THE INFORMATION AVAILABLE ON OR THROUGH IT. TO THE SITE. NOR DO THEY GUARANTEE THAT THE SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SITEFULLEXT EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAXXSOUTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU, AND NOT MAXXSOUTH, ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. UNDER NO CIRCUMSTANCES SHALL MAXXSOUTH VIASAT (INCLUDING PARENTS, SUBSIDIARIES, AND AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR REPRESENTATIVES) OR ITS THIRD PARTY PROVIDERS, AGENTS, SUPPLIERS, DISTRIBUTORS, LICENSORS AND ASSOCIATED BUSINESSES (AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AGENTS CONTRACTORS, OR LICENSORS REPRESENTATIVES) (COLLECTIVELY, THE “DISCLAIMING PARTIES”) BE LIABLE TO YOU OR ANYONE ELSE FOR DAMAGES OF ANY DAMAGES OTHER THAN DIRECT DAMAGES. KIND ARISING OUT OF YOUR MISUSE OF THE TYPES SERVICE, VIOLATIONS OF DAMAGES EXPRESSLY EXCLUDED AND MADE NON-RECOVERABLE THESE TERMS BY THIS PROVISION INCLUDEYOU, WITHOUT LIMITATION, VIOLATION OF VIASAT’S ACCEPTABLE USE POLICY BY YOU OR ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGESACTIONS BY THIRD PARTIES NOT AFFILIATED WITH VIASAT, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF MAXXSOUTH AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE SERVICE OR FOR THE USE OF THE SERVICE.
Appears in 1 contract
Sources: Terms of Service
Disclaimer of Warranties and Liability. Please read this disclaimer carefully before using ▇▇▇▇▇▇▇▇▇.▇▇▇. In the event that MaxxSouth or its affiliated entities have provided links and pointers to Internet sites maintained by third partiesDURING EVALUATION, unless expressly stated otherwise, no inference or assumption should be made and no representation may be implied that either MaxxSouth or its affiliated entities operate or control in any way any information, products or services on these third-party sites. YOU AGREE THAT YOUR OR EARLY ADOPTION OR BETA USE OF THIS SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH SOLUTIONS, THE SERVICE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY SENTINELONE SOLUTIONS ARE OFFERED ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. THE MATERIALS ON THIS SITE ARE PROVIDED TO YOU AN “AS IS” AND BASIS, WITHOUT ANY WARRANTIES OF ANY KIND EITHER WARRANTIES, EXPRESS OR IMPLIED. SPECIFICALLY, MAXXSOUTH AND ITS AFFILIATESINCLUDING, AGENTS AND LICENSORS CANNOT AND DO BUT NOT WARRANT THE ACCURACYLIMITED TO, COMPLETENESSWARRANTIES OF MERCHANTABILITY, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, ACCURACY, NON-INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. CUSTOMER ASSUMES ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE INFORMATION AVAILABLE ON OR THROUGH THE SITE. NOR DO THEY GUARANTEE SOLUTIONS AND ACKNOWLEDGES THAT THE SITE USE OF THE SOLUTIONS, TO THE EXTENT APPLICABLE, MUST BE MADE IN STRICT CONFORMANCE WITH SENTINELONE'S INSTRUCTIONS. WITHOUT DEROGATING FROM THE FOREGOING, IT IS UNDERSTOOD AND AGREED THAT SENTINELONE WILL NOT BE ERROR-FREE LIABLE FOR ANY NETWORK DOWNTIME, SOLUTIONS DOWNTIME, AND/OR CONTINUOUSLY AVAILABLE IDENTIFYING AREAS OF WEAKNESS IN THE SOLUTIONS. FOR ALL EVALUATIONS, OR THAT EARLY ADOPTION OR BETA USE OF THE SITESOLUTIONS, INCLUDING BULLETIN BOARDS SENTINELONE SHALL HAVE NO LIABILITY TO CUSTOMER OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF VIRUSES REVENUE OR PROFIT, LOST OR DAMAGED DATA, LOSS OF PROGRAMS OR INFORMATION OR OTHER HARMFUL COMPONENTS. MAXXSOUTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS INTANGIBLE LOSS ARISING OUT OF THE USE OF OR THE MATERIALS ON THIS SITE INABILITY TO USE THE SOLUTIONS, OR IN THIRD-PARTY SITES INFORMATION, OR YOUR RELIANCE THEREUPON IN TERMS ANY PERMANENT OR TEMPORARY CESSATION OF THEIR CORRECTNESSTHE SOLUTIONS OR ACCESS TO INFORMATION, ACCURACYOR THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, TIMELINESSOR THE FAILURE TO STORE ANY CONTENT OR INFORMATION OR OTHER COMMERCIAL OR ECONOMIC LOSS, RELIABILITY HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE. YOU, AND NOT MAXXSOUTH, ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. UNDER NO CIRCUMSTANCES SHALL MAXXSOUTH OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES. THE TYPES OF DAMAGES EXPRESSLY EXCLUDED AND MADE NON-RECOVERABLE BY THIS PROVISION INCLUDE, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES), EVEN IF WE ARE SENTINELONE HAS BEEN ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, OR THAT THEY ARE FORESEEABLE. YOU AGREE THAT SENTINELONE IS ALSO NOT RESPONSIBLE FOR CLAIMS BY ANY THIRD PARTY. WHILE THE SOLUTIONS ARE PROVIDED FREE OF CHARGE FOR EVALUATION, EARLY ADOPTION OR BETA PURPOSES ONLY, SENTINELONE’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER SHALL NOT EXCEED US $100. IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED THE LIABILITY OF MAXXSOUTH AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED SENTINELONE SHALL BE LIMITED TO THE SERVICE GREATEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID APPLY TO THE SERVICE OR FOR THE USE OF THE SERVICEPARTIES OBLIGATIONS UNDER SECTION 8 (CONFIDENTIALITY) HEREIN.
Appears in 1 contract
Sources: Terms of Service
Disclaimer of Warranties and Liability. We work hard to make sure the Discovery Education Sites are interesting and enjoyable places, but we cannot guarantee that our users will always find everything to their liking. Please read this disclaimer Disclaimer carefully before using ▇▇▇▇▇▇▇▇▇.▇▇▇. In any of the event that MaxxSouth or its affiliated entities have provided links and pointers to Internet sites maintained by third parties, unless expressly stated otherwise, no inference or assumption should be made and no representation may be implied that either MaxxSouth or its affiliated entities operate or control in any way any information, products or services on these third-party sitesDiscovery Education Sites. YOU AGREE THAT YOUR USE OF THIS SERVICE THE DISCOVERY EDUCATION SITES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICEDISCOVERY EDUCATION SITES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SERVICE ANY DISCOVERY EDUCATION SITE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICETHE DISCOVERY EDUCATION SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE MATERIALS ON THIS SITE DISCOVERY EDUCATION SITES. THE DISCOVERY EDUCATION SITES ARE PROVIDED TO YOU “AS IS” , WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIEDAS AVAILABLE. SPECIFICALLYTHE DISCOVERY EDUCATION SITES, MAXXSOUTH DISCOVERY EDUCATION COMMUNICATIONS, LLC AND ITS THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESSCURRENTNESS, NONINFRINGEMENTNON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE ON OR THROUGH THE SITE. DISCOVERY EDUCATION SITES, NOR DO THEY GUARANTEE THAT THE SITE DISCOVERY EDUCATION SITES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE AVAILABLE, OR THAT THE SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE DISCOVERY EDUCATION SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAXXSOUTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU, AND NOT MAXXSOUTH, ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. UNDER NO CIRCUMSTANCES SHALL MAXXSOUTH WILL THE DISCOVERY EDUCATION SITES, DISCOVERY EDUCATION, DISCOVERY COMMUNICATIONS, LLC OR ITS THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES. ARISING OUT OF USE OF THE TYPES OF DAMAGES EXPRESSLY EXCLUDED AND MADE NON-RECOVERABLE BY THIS PROVISION INCLUDEDISCOVERY EDUCATION SITES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE DISCOVERY EDUCATION SITES, DISCOVERY EDUCATION COMMUNICATIONS, LLC AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF MAXXSOUTH THE DISCOVERY EDUCATION SITES, DISCOVERY EDUCATION, DISCOVERY COMMUNICATIONS, LLC AND ITS THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL DISCOVERY EDUCATION SITES WILL NOT EXCEED THE AMOUNT AMOUNT, IF ANY, YOU PAID TO THE SERVICE OR DISCOVERY COMMUNICATIONS, LLC FOR THE USE OF THE SERVICEDISCOVERY EDUCATION SITES.
Appears in 1 contract
Sources: Visitor Agreement
Disclaimer of Warranties and Liability. Please read this disclaimer carefully before using DURING EVALUATION, OR EARLY ADOPTION OR BETA USE OF THE SOLUTIONS, THE SENTINELONE SOLUTIONS ARE OFFERED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. YOU ASSUME ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOLUTIONS AND ACKNOWLEDGES THAT THE USE OF THE SOLUTIONS, TO THE EXTENT APPLICABLE, MUST BE MADE IN STRICT CONFORMANCE WITH SENTINELONE'S INSTRUCTIONS. WITHOUT DEROGATING FROM THE FOREGOING, IT IS UNDERSTOOD AND AGREED THAT SENTINELONE WILL NOT BE LIABLE FOR ANY NETWORK DOWNTIME, SOLUTIONS DOWNTIME, AND/OR IDENTIFYING AREAS OF WEAKNESS IN THE SOLUTIONS. FOR ALL EVALUATIONS, OR EARLY ADOPTION OR BETA USE OF THE SOLUTIONS, WE SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA, LOSS OF PROGRAMS OR INFORMATION OR OTHER INTANGIBLE LOSS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SOLUTIONS, OR INFORMATION, OR ANY PERMANENT OR TEMPORARY CESSATION OF THE SOLUTIONS OR ACCESS TO INFORMATION, OR THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, OR THE FAILURE TO STORE ANY CONTENT OR INFORMATION OR OTHER COMMERCIAL OR ECONOMIC LOSS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF SENTINELONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THAT THEY ARE FORESEEABLE. ▇▇▇▇▇▇▇▇▇.▇▇▇▇ IS ALSO NOT RESPONSIBLE FOR CLAIMS BY ANY THIRD PARTY. In the event that MaxxSouth or its affiliated entities have provided links and pointers to Internet sites maintained by third parties, unless expressly stated otherwise, no inference or assumption should be made and no representation may be implied that either MaxxSouth or its affiliated entities operate or control in any way any information, products or services on these third-party sites. YOU AGREE THAT YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK. BECAUSE OF WHILE THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. THE MATERIALS ON THIS SITE SOLUTIONS ARE PROVIDED FREE OF CHARGE FOR EVALUATION, EARLY ADOPTION OR BETA PURPOSES ONLY, SENTINELONE’S MAXIMUM AGGREGATE LIABILITY TO YOU “AS IS” AND WITHOUT ANY WARRANTIES SHALL NOT EXCEED US $100. IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF ANY KIND EITHER EXPRESS OR IMPLIED. SPECIFICALLY, MAXXSOUTH AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE ON OR THROUGH THE SITE. NOR DO THEY GUARANTEE THAT THE SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAXXSOUTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU, AND NOT MAXXSOUTH, ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. UNDER NO CIRCUMSTANCES SHALL MAXXSOUTH OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES. THE TYPES OF DAMAGES EXPRESSLY EXCLUDED AND MADE NON-RECOVERABLE BY THIS PROVISION INCLUDE, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE CONSEQUENTIAL OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT INCIDENTAL DAMAGES IS NOT ALLOWED THE LIABILITY OF MAXXSOUTH AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED SENTINELONE SHALL BE LIMITED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE SERVICE OR FOR THE USE OF THE SERVICEGREATEST EXTENT PERMITTED BY LAW.
Appears in 1 contract
Sources: Terms of Service
Disclaimer of Warranties and Liability. Please read this disclaimer carefully before using ▇▇▇▇▇▇▇▇▇.▇▇▇. In the event that MaxxSouth or its affiliated entities have provided links and pointers to Internet sites maintained by third parties, unless expressly stated otherwise, no inference or assumption should be made and no representation may be implied that either MaxxSouth or its affiliated entities operate or control in any way any information, products or services on these third-party sites. YOU AGREE THAT YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISKLIMITED WARRANTY. THE MATERIALS ON THIS SITE ARE SOFTWARE IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SPECIFICALLY, MAXXSOUTH MERCHANTABILITY AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE INFORMATION AVAILABLE ON OR THROUGH SOFTWARE IS WITH YOU. SHOULD THE SITE. NOR DO THEY GUARANTEE THAT THE SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SITESOFTWARE PROVE DEFECTIVE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAXXSOUTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU, AND NOT MAXXSOUTH, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCESERVICING, REPAIR OR CORRECTION. UNDER NO CIRCUMSTANCES SHALL MAXXSOUTH SOME STATES OR ITS LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION. CANON, CANON’S SUBSIDIARIES OR AFFILIATES, AGENTS THEIR DISTRIBUTORS, DEALERS OR CANON’S LICENSORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. However, Canon or Canon’s subsidiary warrants the medium on which the SOFTWARE is stored to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of you obtained the same as evidenced by a receipt or otherwise. CUSTOMER REMEDIES. Canon, Canon’s subsidiaries and affiliates, their distributors and dealers’ entire liability and your exclusive remedy shall be the replacement of the medium not meeting the LIMITED WARRANTY set forth above. The LIMITED WARRANTY does not apply if failure of the medium has resulted from accident, abuse or misapplication of the Software and may not extend to anyone other than the original user of the SOFTWARE NO LIABILITY FOR DAMAGES. IN NO EVENT SHALL EITHER CANON, CANON’S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS DEALERS OR CANON’S LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES. THE TYPES OF DAMAGES EXPRESSLY EXCLUDED AND MADE NON-RECOVERABLE BY THIS PROVISION INCLUDE, WHATSOEVER (INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIALLOSS OF BUSINESS PROFITS, SPECIALLOSS OF BUSINESS INFORMATION, INCIDENTALBUSINESS INTERRUPTION OR OTHER COMPENSATORY, INDIRECTINCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE SOFTWARE, PUNITIVE USE THEREOF OR SIMILAR DAMAGES, INABILITY TO USE THE SOFTWARE EVEN IF WE ARE EITHER CANON, CANON’S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS, DEALERS OR CANON’S LICENSORS HAVE BEEN ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR LEGAL JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR PERSONAL INJURY OR DEATH RESULTING FROM NEGLIGENCE ON THE PART OF SELLER, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. RELEASE OF LIABILITY. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE LIABILITY OF MAXXSOUTH HEREBY RELEASE CANON, CANON’S SUBSIDIARIES AND ITS AFFILIATES, AGENTS THEIR DISTRIBUTORS, DEALERS AND LICENSORS, IF ANY, CANON’S LICENSORS FROM ANY AND ALL LIABILITY ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO OF, OR RELATED TO, ALL CLAIMS CONCERNING THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE SERVICE SOFTWARE OR FOR THE USE OF THE SERVICEITS USE.
Appears in 1 contract
Sources: Software License Agreement
Disclaimer of Warranties and Liability. Please read this disclaimer carefully before using ▇▇▇▇▇▇▇▇▇.▇▇▇The Site and its content are delivered on an “as-is” and “as-available” basis, and are subject to change without notice. In You assume total responsibility for your use of the event that MaxxSouth or its affiliated entities have provided links Site and pointers to Internet sites maintained by third parties, unless expressly stated otherwise, no inference or assumption should be made and no representation may be implied that either MaxxSouth or its affiliated entities operate or control in any way any information, products or services on these third-party linked sites. YOU AGREE THAT YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISKAD reserves the right at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICEAD does not promise that the Site or any content, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTIONservice, THERE MAY BE DELAYSor feature of the Site will be error-free or uninterrupted, OMISSIONSor that any defects will be corrected, INACCURACIES or that your use of the Site will provide specific results. AD does not warrant that any files or other data you download from the Site will be free of viruses or contamination or destructive features. AD DISCLAIMS ALL WARRANTIES, EXPRESS, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICEIMPLIED, YOU DO SO AT YOUR OWN RISK. THE MATERIALS ON THIS SITE ARE PROVIDED TO YOU “AS IS” AND WITHOUT INCLUDING ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SPECIFICALLY, MAXXSOUTH AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENTNON-INFRINGEMENT, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE ON IN CONNECTION WITH OR THROUGH THE SITE. NOR DO THEY GUARANTEE THAT THE SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAXXSOUTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE RELATED TO USE OF THE MATERIALS ON THIS SITE AND/OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISEANY AD SERVICES. YOU, AD DISCLAIMS ANY AND NOT MAXXSOUTH, ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. UNDER NO CIRCUMSTANCES SHALL MAXXSOUTH OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES. THE TYPES OF DAMAGES EXPRESSLY EXCLUDED AND MADE NON-RECOVERABLE BY THIS PROVISION INCLUDE, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIALTHE ADS, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF MAXXSOUTH OMISSIONS AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT CONDUCT OF ANY KIND OF LEGAL CLAIM THIRD PARTIES IN ANY WAY CONNECTED CONNECTION WITH OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE SERVICE OR FOR THE USE OF THE SERVICESITE AND/OR ANY AD SERVICES, INCLUDING BUT NOT LIMITED TO CRIMINAL, TORTIOUS, OR NEGLIGENT ADIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. AD DISCLAIMS ANY AND ALL LIABILITY FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE AND/OR ANY AD SERVICES. THIS DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY, OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRAD, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ADION. BY ACCESSING THE SITE OR AD SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Appears in 1 contract
Sources: Terms of Use
Disclaimer of Warranties and Liability. We work hard to make sure the Discovery Education Sites are interesting and enjoyable places, but we cannot guarantee that our users will always find everything to their liking. Please read this disclaimer Disclaimer carefully before using ▇▇▇▇▇▇▇▇▇.▇▇▇. In any of the event that MaxxSouth or its affiliated entities have provided links and pointers to Internet sites maintained by third parties, unless expressly stated otherwise, no inference or assumption should be made and no representation may be implied that either MaxxSouth or its affiliated entities operate or control in any way any information, products or services on these third-party sitesDiscovery Education Sites. YOU AGREE THAT YOUR USE OF THIS SERVICE THE DISCOVERY EDUCATION SITES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICEDISCOVERY EDUCATION SITES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SERVICE ANY DISCOVERY EDUCATION SITE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICETHE DISCOVERY EDUCATION SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE MATERIALS ON THIS SITE DISCOVERY EDUCATION SITES. THE DISCOVERY EDUCATION SITES ARE PROVIDED TO YOU “AS IS” , WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIEDAS AVAILABLE. SPECIFICALLYTHE DISCOVERY EDUCATION SITES, MAXXSOUTH DISCOVERY EDUCATION AND ITS THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESSCURRENTNESS, NONINFRINGEMENTNON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE ON OR THROUGH THE SITE. DISCOVERY EDUCATION SITES, NOR DO THEY GUARANTEE THAT THE SITE DISCOVERY EDUCATIONSITES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE AVAILABLE, OR THAT THE SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE DISCOVERY EDUCATION SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAXXSOUTH DOES NOT WARRANT UNDER NOCIRCUMSTANCES WILL THE DISCOVERY EDUCATION SITES, DISCOVERY EDUCATION OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU, AND NOT MAXXSOUTH, ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. UNDER NO CIRCUMSTANCES SHALL MAXXSOUTH OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO LIABLETO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES. ARISING OUT OF USE OF THE TYPES OF DAMAGES EXPRESSLY EXCLUDED AND MADE NON-RECOVERABLE BY THIS PROVISION INCLUDEDISCOVERY EDUCATION SITES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE DISCOVERY EDUCATION SITES, DISCOVERY EDUCATION AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF MAXXSOUTH THE DISCOVERY EDUCATION SITES, DISCOVERY EDUCATION AND ITS THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL DISCOVERY EDUCATION SITES WILL NOT EXCEED THE AMOUNT AMOUNT, IF ANY, YOU PAID TO THE SERVICE OR DISCOVERY EDUCATION FOR THE USE OF THE SERVICEDISCOVERY EDUCATION SITES.
Appears in 1 contract
Sources: Visitor Agreement
Disclaimer of Warranties and Liability. Please read this disclaimer carefully before using ▇▇▇▇▇▇▇▇▇.▇▇▇. In the event that MaxxSouth or its affiliated entities have provided links and pointers to Internet sites maintained by third parties, unless expressly stated otherwise, no inference or assumption should be made and no representation may be implied that either MaxxSouth or its affiliated entities operate or control in any way any information, products or services on these third-party sites. YOU AGREE THAT YOUR USE OF THIS SERVICE (a) THE MASTERMIND® VARIANT DATA AND CITED VARIANT REFERENCE FILE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. THE MATERIALS ON THIS SITE ARE PROVIDED TO YOU “AS IS” AND WITHOUT ANY GENOMENON HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. GENOMENON SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SPECIFICALLYMERCHANTABILITY, MAXXSOUTH AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE AND TRADE PRACTICE. GENOMENON MAKES NO WARRANTY OF ANY KIND THAT THE MASTERMIND® VARIANT DATA, THE CITED VARIANT REFERENCE FILE OR ANY PRODUCTS OR RESULTS OF THEIR USE WILL MEET LICENSEE’S OR ANY OTHER PERSON’S REQUIREMENTS OR EXPECTATIONS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE.
(b) LICENSEE ACKNOWLEDGES AND AGREES THAT THE MASTERMIND® VARIANT DATA IS NOT INTENDED TO DIRECTLY DIAGNOSE A DISEASE OR OTHER CONDITION. GENOMENON WILL NOT BE RESPONSIBLE IN ANY MANNER FOR ENSURING THAT LICENSEE’S USE OF SAME IN THE CONTEXT OF LICENSEE’S INTERPRETATION OF VARIANTS COMPLIES WITH THE RULES AND REGULATIONS OF THE INFORMATION AVAILABLE ON U.S. FOOD AND DRUG ADMINISTRATION OR THROUGH THE SITEANY OTHER REGULATORY BODIES. NOR DO THEY GUARANTEE LICENSEE ALSO ACKNOWLEDGES AND AGREES THAT THE SITE WILL MASTERMIND® VARIANT DATA IS NOT INTENDED TO BE ERRORMEDICAL ADVICE OR INSTRUCTIONS FOR MEDICAL DIAGNOSIS, TREATMENT OR CARE OF PERSONS OR ANIMALS AND NO PHYSICIAN-FREE PATIENT RELATIONSHIP IS OR CONTINUOUSLY AVAILABLE OR THAT THE SITE, INCLUDING BULLETIN BOARDS IS INTENDED TO BE CREATED BY THIS AGREEMENT OR THE SERVER THAT MAKES IT AVAILABLE WILL ACTIVITIES CONTEMPLATED HEREUNDER. THE MASTERMIND® VARIANT DATA IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, EXAMINATION, DIAGNOSIS OR TREATMENT AND SHOULD NOT BE FREE USED TO DIAGNOSE, TREAT, CURE OR PREVENT DISEASE WITHOUT SUPERVISION OF VIRUSES A DOCTOR OR OTHER HARMFUL COMPONENTSQUALIFIED HEALTHCARE PROVIDER. MAXXSOUTH DOES FURTHER, THE MASTERMIND® VARIANT DATA IS NOT WARRANT TO BE USED DIRECTLY FOR TREATMENT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR IN THIRDTHERAPEUTIC DECISION-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU, MAKING AND NOT MAXXSOUTH, ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. UNDER NO CIRCUMSTANCES SHALL MAXXSOUTH OR ITS AFFILIATES, AGENTS OR LICENSORS REPRESENTS GENOMENON RECOMMENDATIONS. GENOMENON ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE UNDERLYING LITERATURE AND DATABASES NOR FOR THE OPINIONS AND RECOMMENDATIONS OF AUTHORS OF CURATED LITERATURE AND DATABASES.
(c) IN NO EVENT WILL GENOMENON BE LIABLE TO YOU UNDER OR ANYONE ELSE IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES. THE TYPES OF DAMAGES EXPRESSLY EXCLUDED AND MADE NON-RECOVERABLE BY THIS PROVISION INCLUDEWHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIALDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, ENHANCED OR PUNITIVE DAMAGES; INCREASED COSTS, DIMUNITION IN VALUE OR SIMILAR DAMAGESLOST BUSINESS, EVEN IF WE ARE PRODUCTION, REVENUE OR PROFITS; LOSS OF GOODWILL OR REPUTATION; USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA OR BREACH OF DATA OR SYSTEM SECURITY; OR COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER GENOMENON WAS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF MAXXSOUTH AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE SERVICE LOSSES OR FOR THE USE OF THE SERVICEDAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
Appears in 1 contract
Sources: Data License Agreement
Disclaimer of Warranties and Liability. Please read this disclaimer carefully before using ▇▇▇▇▇▇▇▇▇.▇▇▇. In the event that MaxxSouth or its affiliated entities have provided links and pointers to Internet sites maintained by third partiesDURING EVALUATION, unless expressly stated otherwiseEARLY ADOPTION, no inference or assumption should be made and no representation may be implied that either MaxxSouth or its affiliated entities operate or control in any way any information, products or services on these third-party sites. YOU AGREE THAT YOUR OR BETA USE OF THIS SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH SOLUTIONS, THE SERVICE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY SOLUTIONS ARE OFFERED SOLELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. THE MATERIALS ON THIS SITE ARE PROVIDED TO YOU AN “AS AS- IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND EITHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. SPECIFICALLY, MAXXSOUTH AND ITS AFFILIATESINCLUDING, AGENTS AND LICENSORS CANNOT AND DO BUT NOT WARRANT THE ACCURACYLIMITED TO, COMPLETENESSWARRANTIES OF MERCHANTABILITY, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, ACCURACY, NON-INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE, TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR OTHERWISE. CUSTOMER ASSUMES ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE INFORMATION AVAILABLE ON OR THROUGH THE SITE. NOR DO THEY GUARANTEE SOLUTIONS AND ACKNOWLEDGES THAT THE SITE USE OF THE SOLUTIONS, TO THE EXTENT APPLICABLE, MUST BE MADE IN STRICT CONFORMANCE WITH SENTINELONE’S INSTRUCTIONS. WITHOUT LIMITING THE FOREGOING, IT IS UNDERSTOOD AND AGREED THAT SENTINELONE WILL NOT BE ERROR-FREE LIABLE FOR ANY NETWORK DOWNTIME, SOLUTIONS DOWNTIME, AND/OR CONTINUOUSLY AVAILABLE IDENTIFYING AREAS OF WEAKNESS IN THE SOLUTIONS. FOR ALL EVALUATIONS, EARLY ADOPTIONS, OR THAT BETA USE OF THE SITESOLUTIONS, INCLUDING BULLETIN BOARDS SENTINELONE SHALL HAVE NO LIABILITY TO CUSTOMER OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF VIRUSES REVENUE OR PROFIT, LOST OR DAMAGED DATA, LOSS OF PROGRAMS OR INFORMATION, OR OTHER HARMFUL COMPONENTS. MAXXSOUTH DOES NOT WARRANT INTANGIBLE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS TANGIBLE LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS ON THIS SITE SOLUTIONS OR IN THIRD-PARTY SITES INFORMATION, OR YOUR RELIANCE THEREUPON IN TERMS ANY PERMANENT OR TEMPORARY CESSATION OF THEIR CORRECTNESSTHE SOLUTIONS OR ACCESS TO INFORMATION, ACCURACYOR THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, TIMELINESSOR THE FAILURE TO STORE ANY CONTENT OR INFORMATION OR OTHER COMMERCIAL OR ECONOMIC LOSS, RELIABILITY HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE. YOU, AND NOT MAXXSOUTH, ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. UNDER NO CIRCUMSTANCES SHALL MAXXSOUTH OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES. THE TYPES OF DAMAGES EXPRESSLY EXCLUDED AND MADE NON-RECOVERABLE BY THIS PROVISION INCLUDE, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES), EVEN IF WE ARE SENTINELONE IS AWARE OR HAS BEEN ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT SENTINELONE IS ALSO NOT RESPONSIBLE FOR CLAIMS BY ANY THIRD PARTY. WHILE THE SOLUTIONS ARE PROVIDED FREE OF CHARGE FOR EVALUATION, EARLY ADOPTION, OR BETA PURPOSES ONLY, SENTINELONE’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER SHALL NOT EXCEED U.S. $100.00. IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED, THE LIABILITY OF MAXXSOUTH AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED SENTINELONE SHALL BE LIMITED TO THE SERVICE GREATEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID APPLY TO THE SERVICE OR FOR THE USE PARTIES OBLIGATIONS UNDER SECTION 7 (CONFIDENTIALITY) (EXCLUDING ANY BREACHES OF THE SERVICE.SENTINELONE’S OBLIGATIONS RELATING TO CUSTOMER DATA) HEREIN..
Appears in 1 contract
Sources: Master Subscription Agreement
Disclaimer of Warranties and Liability. Please read this disclaimer carefully before using ▇▇▇▇▇▇▇▇▇.▇▇▇. In the event that MaxxSouth or its affiliated entities have provided links and pointers to Internet sites maintained by third parties, unless expressly stated otherwise, no inference or assumption should be made and no representation may be implied that either MaxxSouth or its affiliated entities operate or control in any way any information, products or services on these third-party sites. YOU AGREE THAT YOUR USE OF THIS THE SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTIONDISTRIBUTION AND WIFI TECHNOLOGY, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS THE SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS THE SERVICE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE MATERIALS ON THIS SITE ARE SERVICE. YOU SHOULD TAKE ALL PRECAUTIONS FOR THE SECURITY OF YOUR DEVICE AND INFORMATION. THE SERVICE IS PROVIDED TO YOU “"AS IS” ," "WITH ALL FAULTS," AND WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SPECIFICALLY, MAXXSOUTH "AS AVAILABLE." ATP AND ITS AFFILIATESRESPECTIVE SUPPLIERS, AGENTS PROVIDERS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICE OR THE INFORMATION AVAILABLE ON OR THROUGH THE SITE. IT, NOR DO THEY WE OR OUR SUPPLIERS, PROVIDERS AND LICENSORS GUARANTEE THAT THE SITE SERVICE WILL BE ERROR-FREE FREE, OR CONTINUOUSLY AVAILABLE AVAILABLE, OR THAT THE SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAXXSOUTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU, AND NOT MAXXSOUTH, ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. UNDER NO CIRCUMSTANCES SHALL MAXXSOUTH ATP (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES) OR ITS THIRD-PARTY PROVIDERS, AGENTS, SUPPLIERS, DISTRIBUTORS, LICENSORS AND ASSOCIATED BUSINESSES (AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AGENTS OR LICENSORS CONTRACTORS AND REPRESENTATIVES) (COLLECTIVELY, THE "DISCLAIMING PARTIES") BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES. ARISING OUT OF ANY USE OR MISUSE OF THE TYPES OF DAMAGES EXPRESSLY EXCLUDED AND MADE NON-RECOVERABLE BY THIS PROVISION INCLUDESERVICE, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE DISCLAIMING PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE THAT THE LIABILITY OF MAXXSOUTH AND ITS AFFILIATESTHE DISCLAIMING PARTIES ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO ATP FOR THE USE OF THE SERVICE WITH RESPECT TO THE PURCHASE (AS DEFINED IN SECTION 1(B) ABOVE) FOR THE SESSION(S) DURING WHICH SUCH LIABILITY FIRST AROSE. TO ANY EXTENT THAT THE ABOVE DOES NOT APPLY, AGENTS AND LICENSORSYOU AGREE THAT THE LIABILITY OF THE DISCLAIMING PARTIES, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO THE SERVICE OR ATP FOR THE USE OF THE SERVICESERVICE WITH RESPECT TO THE PURCHASE (AS DEFINED IN SECTION 1(B) ABOVE) FOR THE SESSION(S) DURING WHICH SUCH LIABILITY FIRST AROSE.
Appears in 1 contract
Sources: Terms of Service
Disclaimer of Warranties and Liability. We work hard to make the WarnerMedia Sites interesting and enjoyable places, but we cannot guarantee that our users will always find everything to their liking. Please read this disclaimer Disclaimer carefully before using ▇▇▇▇▇▇▇▇▇.▇▇▇. In any of the event that MaxxSouth or its affiliated entities have provided links and pointers to Internet sites maintained by third parties, unless expressly stated otherwise, no inference or assumption should be made and no representation may be implied that either MaxxSouth or its affiliated entities operate or control in any way any information, products or services on these third-party sitesWarnerMedia Sites. YOU AGREE THAT YOUR USE OF THIS SERVICE THE WARNERMEDIA SITES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICEWARNERMEDIA SITES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SERVICE ANY WARNERMEDIA SITE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICETHE WARNERMEDIA SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE MATERIALS ON THIS SITE WARNERMEDIA SITES. THE WARNERMEDIA SITES ARE PROVIDED TO YOU “AS IS” , WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIEDAS AVAILABLE. SPECIFICALLYTHE WARNERMEDIA SITES, MAXXSOUTH AND ITS AFFILIATES, AGENTS AND LICENSORS WE CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESSCURRENTNESS, NONINFRINGEMENTNON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE ON OR THROUGH THE SITE. WARNERMEDIA SITES, NOR DO THEY WE GUARANTEE THAT THE SITE WARNERMEDIA SITES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE AVAILABLE, OR THAT THE SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE WARNERMEDIA SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAXXSOUTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF WARNERMEDIA (INCLUDING THEIR CORRECTNESSAFFILIATES), ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU, AND NOT MAXXSOUTH, ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. UNDER NO CIRCUMSTANCES SHALL MAXXSOUTH OR ITS AFFILIATES, THEIR AGENTS OR LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES. WHATSOEVER ARISING HOWSOEVER OUT OF USE OF THE TYPES OF DAMAGES EXPRESSLY EXCLUDED AND MADE NON-RECOVERABLE BY THIS PROVISION INCLUDEWARNERMEDIA SITES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE THAT THE LIABILITY OF MAXXSOUTH AND ITS WARNERMEDIA (INCLUDING THEIR AFFILIATES), THEIR AGENTS AND OR LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL WARNERMEDIA SITES WILL NOT EXCEED THE AMOUNT AMOUNT, IF ANY, YOU PAID TO THE SERVICE OR WARNERMEDIA FOR THE USE OF THE SERVICEWARNERMEDIA SITES. In the event of any controversy, claim or dispute ("dispute") related to or arising out of your use of the Sites, other than disputes related to or involving WarnerMedia’s intellectual property or WarnerMedia’s licensed intellectual or proprietary rights, you and WarnerMedia mutually agree to the following dispute resolution procedure: The parties will first attempt in good faith to resolve any dispute by informal negotiation. The informal negotiation period will begin when the party asserting the dispute sends a written notice to the other party describing the facts and circumstances of the dispute. If, after sixty (60) days from the date the notice of dispute is sent, the parties have been unable to resolve the dispute, either party may commence binding arbitration. The parties may agree to extend the informal dispute resolution period by mutual written agreement. If the parties are unable to resolve the dispute through informal negotiation, you and WarnerMedia agree the dispute shall be referred to and finally determined by arbitration in accordance with the WIPO Expedited Arbitration Rules. The place of arbitration shall be Singapore. The language to be used in the arbitral proceedings shall be English. The dispute, controversy or claim shall be decided in accordance with the law of Singapore. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. Neither party shall have the right to have a dispute heard as a class action and no arbitration or proceeding can be combined with another without the prior written consent of all parties to the proceeding. This Visitor Agreement has been made in and shall be construed in accordance with the laws of Singapore, without giving effect to any conflict of law principles.
Appears in 1 contract
Sources: Visitor Agreement
Disclaimer of Warranties and Liability. Please read this disclaimer carefully before using ▇▇▇▇▇▇▇▇▇.▇▇▇. In the event that MaxxSouth or its affiliated entities have provided links and pointers to Internet sites maintained by third partiesDURING EVALUATION, unless expressly stated otherwiseEARLY ADOPTION, no inference or assumption should be made and no representation may be implied that either MaxxSouth or its affiliated entities operate or control in any way any information, products or services on these third-party sites. YOU AGREE THAT YOUR OR BETA USE OF THIS SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH SOLUTIONS, THE SERVICE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY SOLUTIONS ARE OFFERED SOLELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. THE MATERIALS ON THIS SITE ARE PROVIDED TO YOU AN “AS AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND EITHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. SPECIFICALLY, MAXXSOUTH AND ITS AFFILIATESINCLUDING, AGENTS AND LICENSORS CANNOT AND DO BUT NOT WARRANT THE ACCURACYLIMITED TO, COMPLETENESSWARRANTIES OF MERCHANTABILITY, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, ACCURACY, NON-INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE, TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR OTHERWISE. CUSTOMER ASSUMES ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE INFORMATION AVAILABLE ON OR THROUGH THE SITE. NOR DO THEY GUARANTEE SOLUTIONS AND ACKNOWLEDGES THAT THE SITE USE OF THE SOLUTIONS, TO THE EXTENT APPLICABLE, MUST BE MADE IN STRICT CONFORMANCE WITH WIRESPEED’S INSTRUCTIONS. WITHOUT LIMITING THE FOREGOING, IT IS UNDERSTOOD AND AGREED THAT WIRESPEED WILL NOT BE ERROR-FREE LIABLE FOR ANY NETWORK DOWNTIME, SOLUTIONS DOWNTIME, AND/OR CONTINUOUSLY AVAILABLE IDENTIFYING AREAS OF WEAKNESS IN THE SOLUTIONS. FOR ALL EVALUATIONS, EARLY ADOPTIONS, OR THAT BETA USE OF THE SITESOLUTIONS, INCLUDING BULLETIN BOARDS WIRESPEED SHALL HAVE NO LIABILITY TO CUSTOMER OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF VIRUSES REVENUE OR PROFIT, LOST OR DAMAGED DATA, LOSS OF PROGRAMS OR INFORMATION, OR OTHER HARMFUL COMPONENTS. MAXXSOUTH DOES NOT WARRANT INTANGIBLE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS TANGIBLE LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS ON THIS SITE SOLUTIONS OR IN THIRD-PARTY SITES INFORMATION, OR YOUR RELIANCE THEREUPON IN TERMS ANY PERMANENT OR TEMPORARY CESSATION OF THEIR CORRECTNESSTHE SOLUTIONS OR ACCESS TO INFORMATION, ACCURACYOR THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, TIMELINESSOR THE FAILURE TO STORE ANY CONTENT OR INFORMATION OR OTHER COMMERCIAL OR ECONOMIC LOSS, RELIABILITY HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE. YOU, AND NOT MAXXSOUTH, ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. UNDER NO CIRCUMSTANCES SHALL MAXXSOUTH OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES. THE TYPES OF DAMAGES EXPRESSLY EXCLUDED AND MADE NON-RECOVERABLE BY THIS PROVISION INCLUDE, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES), EVEN IF WE ARE WIRESPEED IS AWARE OR HAS BEEN ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT WIRESPEED IS ALSO NOT RESPONSIBLE FOR CLAIMS BY ANY THIRD PARTY. WHILE THE SOLUTIONS ARE PROVIDED FREE OF CHARGE FOR EVALUATION, EARLY ADOPTION, OR BETA PURPOSES ONLY, WIRESPEED’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER SHALL NOT EXCEED U.S. $100.00. IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED, THE LIABILITY OF MAXXSOUTH AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED WIRESPEED SHALL BE LIMITED TO THE SERVICE GREATEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID APPLY TO THE SERVICE OR FOR THE USE PARTIES OBLIGATIONS UNDER SECTION 7 (CONFIDENTIALITY) (EXCLUDING ANY BREACHES OF THE SERVICEWIRESPEED’S OBLIGATIONS RELATING TO CUSTOMER DATA) HEREIN. OWNERSHIP AND RESERVATION OF RIGHTS.
Appears in 1 contract
Disclaimer of Warranties and Liability. Please read this disclaimer carefully before using ▇▇▇▇▇▇▇▇▇.▇▇▇. In the event that MaxxSouth or its affiliated entities have provided links and pointers to Internet sites maintained by third partiesDURING EVALUATION, unless expressly stated otherwiseEARLY ADOPTION, no inference or assumption should be made and no representation may be implied that either MaxxSouth or its affiliated entities operate or control in any way any information, products or services on these third-party sites. YOU AGREE THAT YOUR OR BETA USE OF THIS SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH SOLUTIONS, THE SERVICE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY SOLUTIONS ARE OFFERED SOLELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. THE MATERIALS ON THIS SITE ARE PROVIDED TO YOU AN “AS AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND EITHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. SPECIFICALLY, MAXXSOUTH AND ITS AFFILIATESINCLUDING, AGENTS AND LICENSORS CANNOT AND DO BUT NOT WARRANT THE ACCURACYLIMITED TO, COMPLETENESSWARRANTIES OF MERCHANTABILITY, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, ACCURACY, NON- INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE, TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR OTHERWISE. CUSTOMER ASSUMES ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE INFORMATION AVAILABLE ON OR THROUGH THE SITE. NOR DO THEY GUARANTEE SOLUTIONS AND ACKNOWLEDGES THAT THE SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAXXSOUTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR SOLUTIONS, TO THE EXTENT APPLICABLE, MUST BE MADE IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESSSTRICT CONFORMANCE WITH SENTINELONE’S INSTRUCTIONS. WITHOUT LIMITING THE FOREGOING, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU, IT IS UNDERSTOOD AND AGREED THAT SENTINELONE WILL NOT MAXXSOUTH, ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. UNDER NO CIRCUMSTANCES SHALL MAXXSOUTH OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGESNETWORK DOWNTIME, SOLUTIONS DOWNTIME, AND/OR IDENTIFYING AREAS OF WEAKNESS IN THE SOLUTIONS. THE TYPES OF DAMAGES EXPRESSLY EXCLUDED AND MADE NON-RECOVERABLE BY THIS PROVISION INCLUDEFOR ALL EVALUATIONS, WITHOUT LIMITATIONEARLY ADOPTIONS, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF MAXXSOUTH AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE SERVICE OR FOR THE BETA USE OF THE SERVICE.SOLUTIONS, SENTINELONE SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL,
Appears in 1 contract
Sources: Master Subscription Agreement