DISCLAIMER OF WARRANTY AND LIABILITY Sample Clauses
A Disclaimer of Warranty and Liability clause serves to limit or exclude the legal responsibility of one party for any damages or losses that may arise from the use of goods, services, or information provided under a contract. Typically, this clause states that the provider makes no guarantees regarding the quality, performance, or fitness for a particular purpose of the product or service, and that the user assumes all risks associated with its use. By including this clause, the provider protects themselves from lawsuits or claims related to defects, failures, or other issues, thereby allocating risk to the user and clarifying the extent of the provider's obligations.
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DISCLAIMER OF WARRANTY AND LIABILITY. 5.1 COUNTY PROVIDES THE DATA SHARING SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. COUNTY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. COUNTY DOES NOT REPRESENT THAT ACCESS TO THE DATA SHARING SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OF TRANSMITTED INFORMATION.
5.2 USE OF THE DATA SHARING SERVICES IS AT CONTRACTOR’S OWN RISK. COUNTY WILL NOT BE HELD LIABLE FOR ANY ERRORS OR OMISSIONS CONTAINED IN THE SERVICE.
5.3 IN NO EVENT WILL THE COUNTY BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE DATA SHARING SERVICES.
DISCLAIMER OF WARRANTY AND LIABILITY. The Bank will not be liable if you are unable to gain access to our website or Online Banking system due to maintenance, computer failure, interruption in the availability of our service, delay in operation or transmission, computer virus, or any other causes out of the Bank’s control. We make no warranties or representations with respect to any Third Party Service Provider used to access your email notifications or e-Statements. You agree that the Bank will not be held liable for losses or damages arising from non- delivery, delayed delivery or misdelivery of e-mail notifications.
DISCLAIMER OF WARRANTY AND LIABILITY. 4.1 THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPPERFECT FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH YOU, THE LICENSEE.
4.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APPPERFECT OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT IMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT OR DOCUMENTATION, EVEN IF APPPERFECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTY AND LIABILITY. THE INFORMATION, IF RELEASED ------------------------------------ TO A LICENSEE HEREUNDER, IS BEING PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL. LICENSOR DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE INFORMATION, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL LICENSOR BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES, ARISING OUT OF OR WITH RESPECT TO THIS AGREEMENT OR THE INFORMATION.
DISCLAIMER OF WARRANTY AND LIABILITY. 11.1 The Parties will perform the Study in accordance with the Protocol and the terms of the Agreement. However, no Party promises success in achieving any particular result. Except as expressly provided in the Agreement, no Party gives any warranty whatsoever, express or implied, as to any matter, including, without limitation, as to the results of the Study or regarding Confidential Information that a Party may disclose to another Party. No Party will be responsible for any lost profits, lost opportunities, or other indirect or consequential damages suffered by any other Party as a result of the conduct of the Study or the performance of the Agreement.
11.2 The Parties acknowledge and agree that each Party will be responsible and liable for any damage or loss to the extent that such damage or loss arises as a result of its own negligence or willful or wrongful acts or omissions in the administration of this Agreement or in conducting the Study, such as a failure by that Party to: (a) adhere to the material terms of the Protocol; (b) comply with applicable governmental requirements or regulations of the country in which a Party operates; and (c) conduct the Study in accordance with the medical standards set out in the ICH-GCP. No Party (“the First Party”) will be liable to any other Party (the “Second Party”) for any damage or loss that results from the use by the Second Party or third party of the Data or Inventions developed under the Agreement, Protocol, or Study, except to the extent that the damage or loss arises from the gross negligence or willful misconduct of the First Party.
DISCLAIMER OF WARRANTY AND LIABILITY. The Parties acknowledge that all Confidential Information is provided strictly on an “AS IS” basis and that neither Party nor any of its Representatives has made or will make any warranty whatsoever, express, implied, or statutory, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, enforceability, or non-infringement. To the fullest extent allowable by applicable law, the Disclosing Party disclaims any liability to the Recipient arising from the receipt or use of any Confidential Information or other information provided. The Recipient agrees that it shall rely on its own investigations, due diligence, assessment and analysis in satisfying itself as to all matters relating to the Purpose.
DISCLAIMER OF WARRANTY AND LIABILITY. VB makes no representation or warranty; either expressed or implied, and disclaims all liability, as to the fitness, quality, delivery date, merchantability, prices or any term of any trade transaction. Affiliate agrees to indemnify and hold VB harmless with respect to any claim, debt or liability whatsoever, arising out of any transaction wherein an Affiliate or its Affiliate is a buyer or seller. Affiliate acknowledges that any barter transaction in which it or its Member participates is entered into on a voluntary basis.
DISCLAIMER OF WARRANTY AND LIABILITY. 8.1. Since the functionality of the Products is constantly supplemented and updated, the form and nature of the Products and services provided on their basis may change from time to time without prior notice to the User. The Contractor has the right, at its sole discretion, to stop (temporarily or permanently) providing or supporting the Products (or any individual parts of the Products) to the Users, as well as to change or revoke the License without prior notice.
DISCLAIMER OF WARRANTY AND LIABILITY. 6.1. Licensor has used its outmost efforts to ensure that the Software and/or the Chassis will perform substantially and will operate correctly.
6.2. The Software and/or the Chassis is however provided “as is” without warranty of any kind, either express or implied, including, but not limited to, any implied warranty against infringement of third parties property rights, of merchantability and fitness for a particular purpose. Licensor shall provide no technical support, maintenance, warranties or remedies for the Software and/or the Chassis.
6.3. Licensee agrees that Licensee is solely responsible for, and that Licensor has no responsibility to Licensee or to any third party for, any services, products and/or reports Licensee provides through the Software and/or the Chassis. The entire risk as to the use, quality, and performance of the Software and/or the Chassis is with the Licensee. Should the Software and/or the Chassis prove defective, the Licensee, and not the Licensor, assumes the entire cost of any consequences including any necessary repair. In no event, Licensor will be liable for any incidental, consequential, direct or indirect damages including but not limited to the inaccuracies or errors in the Software and/or Chassis’s reports, loss of data, lost of opportunities, lost of profits, lost of revenues or any other financial loss arising from the breach of the Agreement or from any other legal theory, or from negligence or from the use of or inability to use of the Software and/or the Chassis, even if Licensor knew or should have known of the possibility of such damages.
6.4. Licensee agrees, to indemnify, defend and hold Licensor and staff harmless from and against any and all liability and costs, in connection with or arising out of any breach or violation of the terms and conditions of this Agreement.
DISCLAIMER OF WARRANTY AND LIABILITY. Your use and browsing of this Website is at your own risk. All information, content, materials, products and services included on or otherwise made available to you through this Website are provided to you on an "AS IS" AND "AS AVAILABLE" BASIS. WIFT-T MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED IN REGARD TO THE INFORMATION, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THIS WEBSITE. THIS INCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS. THROUGH YOUR USE OF THIS WEBSITE, YOU EXPRESSLY AGREE THAT YOUR PURCHASE OF ANY PRODUCTS MADE AVAILABLE ON THIS WEBSITE AT ANY TIME, AND YOUR RELIANCE ON INFORMATION PRESENTED ON THE WEBSITE IS AT YOUR SOLE RISK, TO THE FULLEST EXTENT OF THE APPLICABLE LAW. WIFT WILL NOT BE LIABLE FOR ANY RESULTING DAMAGES FROM THE USE OF THE WEBSITE AND FROM PRODUCTS AND/OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR PERSONAL INJURY OR DEATH. CERTAIN JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES. SOME OF THE ABOVE EXCLUSIONS, DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.