Common use of Disclaimer of Warranties and Limitation on Liability Clause in Contracts

Disclaimer of Warranties and Limitation on Liability. (a) YOUR USE OF THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. EXCEPT AS MAY OTHERWISE EXPRESSLY BE PROVIDED ON THE WEBSITE, EVERYTHING ON THE WEBSITE, INCLUDING THE CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. EXCEPT AS MAY OTHERWISE EXPRESSLY BE PROVIDED ON THE WEBSITE, INTELLIGENT WELLHEAD SYSTEMS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT OR THOSE ARISING OUT A COURSE OF DEALING OR USAGE OF TRADE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. (b) NEITHER INTELLIGENT WELLHEAD SYSTEMS NOR ITS AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS, MAKE ANY REPRESENTATIONS, WARRANTIES, ENDORSEMENT, OR CONDITIONS REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, CURRENCY, ACCURACY, AVAILABILITY OR APPROPRIATENESS OF THE WEBSITE, THE CONTENT OR ITS USEFULNESS FOR YOUR PURPOSES. WITHOUT LIMITING THE FORGOING, NEITHER INTELLIGENT WELLHEAD SYSTEMS NOR ITS AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS, REPRESENT OR WARRANT THAT (I) THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED, RELIABLE, ACCURATE, COMPLETE, SUITABLE, VALID, TRUTHFUL, ERROR- FREE OR WILL MEET YOUR REQUIREMENTS IN ANY WAY; (II) THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;

Disclaimer of Warranties and Limitation on Liability. (a) YOUR USE OF THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. EXCEPT AS MAY OTHERWISE EXPRESSLY BE PROVIDED ON THE WEBSITE, EVERYTHING ON THE WEBSITE, INCLUDING THE CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. EXCEPT AS MAY OTHERWISE EXPRESSLY BE PROVIDED ON THE WEBSITE, INTELLIGENT WELLHEAD SYSTEMS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT OR THOSE ARISING OUT A COURSE OF DEALING OR USAGE OF TRADE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. (b) NEITHER INTELLIGENT WELLHEAD SYSTEMS NOR ITS AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS, MAKE ANY REPRESENTATIONS, WARRANTIES, ENDORSEMENT, OR CONDITIONS REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, CURRENCY, ACCURACY, AVAILABILITY OR APPROPRIATENESS OF THE WEBSITE, THE CONTENT OR ITS USEFULNESS FOR YOUR PURPOSES. WITHOUT LIMITING THE FORGOING, NEITHER INTELLIGENT WELLHEAD SYSTEMS NOR ITS AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS, REPRESENT OR WARRANT THAT (I) THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED, RELIABLE, ACCURATE, COMPLETE, SUITABLE, VALID, TRUTHFUL, ERROR- ERROR - FREE OR WILL MEET YOUR REQUIREMENTS IN ANY WAY; (II) THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;

Disclaimer of Warranties and Limitation on Liability. (a) YOUR USE 12.1 NOTWITHSTANDING ANY OTHER PROVISION OF THIS WEBSITEAGREEMENT (INCLUDING WITHOUT LIMITATION THE PARTIES’ RESPECTIVE INDEMNIFICATION OBLIGATIONS), ITS CONTENTTHE PARTIES AGREE THAT NEITHER PARTY HAS MADE, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. EXCEPT AS MAY OTHERWISE EXPRESSLY BE PROVIDED ON THE WEBSITETHAT THERE EXISTS, EVERYTHING ON THE WEBSITENO WARRANTY, INCLUDING THE CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT THE USE OF FACILITIES, ARRANGEMENTS, OR SERVICES PROVIDED BY THE OTHER PARTY UNDER THIS AGREEMENT WILL NOT GIVE RISE TO A CLAIM BY ANY THIRD PARTY OF INFRINGEMENT, MISUSE, OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHT OF SUCH THIRD PARTY. 12.2 CITIZENS WILL PROVIDE INTERCONNECTION TO CARRIER OF A QUALITY AND IN A DILIGENT MANNER CONSISTENT WITH SERVICE CITIZENS PROVIDES TO ITS CUSTOMERS AND OTHER INTERCONNECTORS, IN ACCORDANCE WITH APPLICABLE TECHNICAL STANDARDS FOR INTERCONNECTION SERVICES ESTABLISHED IN THE TELECOMMUNICATIONS INDUSTRY. EXCEPT AS MAY OTHERWISE EXPRESSLY BE CITIZENS AND CARRIER MAKE NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO TRANSMISSION, EQUIPMENT OR SERVICE PROVIDED ON THE WEBSITEHEREUNDER, INTELLIGENT WELLHEAD SYSTEMS AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, MERCHANTIBILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT OR THOSE ARISING OUT A COURSE OF DEALING OR USAGE OF TRADE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. (b) NEITHER INTELLIGENT WELLHEAD SYSTEMS NOR ITS AFFILIATES12.3 It is the express intent of the Parties that each Party be solely responsible for all claims of its end- users, NOR THEIR RESPECTIVE DIRECTORSincluding, OFFICERSwithout limitation, EMPLOYEESany credits or adjustments that may be issued or required to be issued to its end-users, AGENTSexcept to the extent such claims are found to be caused by the other Party’s gross negligence or willful misconduct. 12.4 Except for allowance of interruptions as set forth in Sections 6 and the IP Indemnity under Section 11,, SERVICE PROVIDERSin no event will either Party be liable to the other Party for incidental, CONTRACTORSspecial, LICENSORSor consequential damages, LICENSEESloss of goodwill, SUPPLIERSanticipated profit, OR SUCCESSORSor other claims for indirect or special damages in any manner related to this Agreement or the services even if such Party was advised of the possibility of such damages, MAKE ANY REPRESENTATIONS, WARRANTIES, ENDORSEMENT, OR CONDITIONS REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, CURRENCY, ACCURACY, AVAILABILITY OR APPROPRIATENESS OF THE WEBSITE, THE CONTENT OR ITS USEFULNESS FOR YOUR PURPOSES. WITHOUT LIMITING THE FORGOING, NEITHER INTELLIGENT WELLHEAD SYSTEMS NOR ITS AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS, REPRESENT OR WARRANT THAT (I) THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED, RELIABLE, ACCURATE, COMPLETE, SUITABLE, VALID, TRUTHFUL, ERROR- FREE OR WILL MEET YOUR REQUIREMENTS IN ANY WAY; (II) THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;and whether or not such damages were foreseeable or not at the time this Agreement was executed.