Common use of DISCLAIMER OF WARRANTY AND LIABILITY Clause in Contracts

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. 4.1 THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY NORTEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. NATURE WHATSOEVER WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED CD-ROM, CD-ROM SOFTWARE, CD-ROM DOCUMENTATION OR ANY INFORMATION CONTAINED ON ANY OF THE FOREGOING OR ANY RESULTS OR CONCLUSIONS REACHED BY APPLICABLE LAWBUYER AS A RESULT OF ACCESS TO OR USE THEREOF, APPPERFECT FURTHER DISCLAIMS ALL WARRANTIESOR WITH RESPECT TO ANY OTHER MATTER OR SERVICE PROVIDED BY NORTEL, INCLUDING WITHOUT LIMITATION WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR AGAINST INFRINGEMENT. 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 NORTEL SHALL APPPERFECT OR ITS SUPPLIERS NOT BE LIABLE FOR ANY CONSEQUENTIALDIRECT, SPECIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT IMITATION, INCLUDING ANY SUCH DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING WHICH MAY ARISE OUT OF THE USE OF OR INABILITY TO USE OR ACCESS THE PRODUCT OR CD-ROM, THE CD-ROM SOFTWARE, THE CD-ROM DOCUMENTATION, EVEN IF APPPERFECT HAS AND FURTHER INCLUDING LOSS OF USE, REVENUE, PROFITS OR ANTICIPATED SAVINGS REGARDLESS OF HOW SUCH DAMAGES MAY HAVE BEEN ADVISED CAUSED. NORTEL PROPRIETARY INFORMATION AGREEMENT NO. TCC9701N SCHEDULE D PAGE 3 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.3

DISCLAIMER OF WARRANTY AND LIABILITY. 4.1 THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY NORTEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. NATURE WHATSOEVER WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED CD-ROM, CD-ROM SOFTWARE, CD-ROM DOCUMENTATION OR ANY INFORMATION CONTAINED ON ANY OF THE FOREGOING OR ANY RESULTS OR CONCLUSIONS REACHED BY APPLICABLE LAWBUYER AS A RESULT OF ACCESS TO OR USE THEREOF, APPPERFECT FURTHER DISCLAIMS ALL WARRANTIESOR WITH RESPECT TO ANY OTHER MATTER OR SERVICE PROVIDED BY NORTEL, INCLUDING WITHOUT LIMITATION WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR AGAINST INFRINGEMENT. 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 NORTEL SHALL APPPERFECT OR ITS SUPPLIERS NOT BE LIABLE FOR ANY CONSEQUENTIALSPECIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT IMITATION, INCLUDING ANY SUCH DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING WHICH MAY ARISE OUT OF THE USE OF OR INABILITY TO USE OR ACCESS THE PRODUCT OR CD-ROM, THE CD-ROM SOFTWARE, THE CD-ROM DOCUMENTATION, EVEN IF APPPERFECT HAS AND FURTHER INCLUDING LOSS OF USE, REVENUE, PROFITS OR ANTICIPATED SAVINGS REGARDLESS OF HOW SUCH DAMAGES MAY HAVE BEEN ADVISED CAUSED ARISING FROM THE USE OF OR INABILITY TO USE OR ACCESS THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION CD-ROM, CD-ROM SOFTWARE, OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOUCD-ROM DOCUMENTATION.