Disclaimer of Warranty and Limitation of Liability. To the full extent allowed by applicable law, the COMPANY makes no warranty or representation regarding the Site, including that the Site will meet your requirements or will work in combination with any hardware or software provided by third parties, that the service will be uninterrupted, problem, virus or error free, or that all errors in the service will be corrected. You acknowledge and agree that the COMPANY provides the Site “as is” and “as available”. To the full extent allowed by applicable law, the COMPANY’s warranties and remedies (if any) expressly set forth herein are exclusive and are in lieu of all other warranties, express or implied, either in fact or by operation of law, statute, custom, oral or written statements or otherwise, including, but not limited to, the implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description and non-infringement, all of which are expressly disclaimed. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, AND OTHER ENTITIES, ITS DIRECTORS, ADMINISTRATORS, OFFICERS, EMPLOYEES, SUPPLIERS AS WELL AS ANY OTHER PERSON ACTING ON BEHALF OF THE COMPANY OR THIRD PARTIES WITH WHOM THE COMPANY ASSOCIATES ITSELF FROM TIME TO TIME (COLLECTIVELY “THE PARTIES”), BE LIABLE IN ANY WAY, WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR STRICT LIABILITY, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SITE’S SERVICE, WHETHER FORESEEABLE OR NOT, AND EVEN IF SUCH PARTIES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE PARTIES ARE FOUND LIABLE TO PAY YOU ANY DAMAGES OR OTHER REMEDIES, THE PARTIES’ TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS ($100 CA). IF YOU ARE UNHAPPY OR DISSATISFIED WITH THE SITE OR ITS CONTENT, OR IF YOU DO NOT ADHERE TO THESE TERMS AND CONDITIONS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. By using this Site, you agree to assume complete responsibility for all the risks associated with your use of the Site, including but not limited to, responsibility for all charges related to the maintenance or repairs of the material that you employ as part of your use of this Site.
Appears in 2 contracts
Sources: Terms and Conditions of Use, Terms and Conditions of Use
Disclaimer of Warranty and Limitation of Liability. To Other than as explicitly provided hereunder the full extent allowed by applicable lawServices and/or the Solution and any output thereof (including any output thereof) are provided hereunder for the Purpose only “AS IS”, without any warranties whatsoever concerning the COMPANY makes no warranty or representation regarding the Siteuse, including that the Site will meet your requirements or will work in combination with any hardware or software provided by third partiesperformance, that the service will be uninterruptedfitness for purpose, problem, virus or error freemerchantability, or that all errors in non-infringement. Company expressly disclaims, and the service will be corrected. You acknowledge and agree that the COMPANY provides the Site “as is” and “as available”. To the full extent allowed by applicable law, the COMPANY’s warranties and remedies (if any) Customer hereby expressly set forth herein are exclusive and are in lieu of waives all other warrantieswarranties of any kind whatsoever, express or express, implied, either and statutory. Unless explicitly provided hereunder Company assumes no liability for the use of the Services and/or the Solution and any output provided hereunder. Except with respect to Company’s willful misconduct or fraudulent acts, in fact no event shall Company be liable to the Customer for any direct, indirect, special, exemplary, incidental, punitive or by operation of law, statute, custom, oral consequential loss or written statements or otherwise, including, damage (including but not limited toto loss of anticipated profits, loss by reason of shutdown in operation, loss by reason of increased cost of operation, cost of cover, lost opportunity costs, or other indirect loss or damage) of any nature from any cause, whether or not the implied warranties possibility of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description and non-infringement, all such damages has been disclosed to such party in advance or could have been reasonably foreseen by such party or such part was aware of which are expressly disclaimedthe possibility of such damages. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE WILL COMPANY’S, NOR ITS AFFILIATES, AND OTHER ENTITIES, ITS OR THEIR RESPECTIVE DIRECTORS, ADMINISTRATORS, OFFICERS, SHAREHOLDER, AND EMPLOYEES’ AGGREGATE LIABILITY TO CUSTOMER, SUPPLIERS AS WELL AS ANY OTHER PERSON ACTING ON BEHALF EXCEED THE AMOUNTS OF THE FEE PAID BY CUSTOMER TO COMPANY OR THIRD PARTIES WITH WHOM IN RESPECT OF THE COMPANY ASSOCIATES ITSELF FROM TIME SERVICES DURING A PERIOD OF TWELVE (12) MONTHS PRECEDIGN SUCH CLAIM. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 14 SHALL APPLY TO TIME (COLLECTIVELY “THE PARTIES”), BE LIABLE IN ANY WAYALL CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT, DELICT OR TORT (INCLUDING BUT NOT LIMITED TOWARRANTY, NEGLIGENCE) OR STRICT LIABILITY, FOR INCIDENTALNEGLIGENCE, INDIRECT, CONSEQUENTIAL, SPECIALTORT, OR PUNITIVE DAMAGES OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR SENTRA’S PROVISION OF THE SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SITE’S SERVICE, WHETHER FORESEEABLE OR NOTLIMITED REMEDY, AND EVEN IF SUCH PARTIES HAD SENTRA AND/OR ANY SENTRA AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES. IN THE EVENT THAT THE PARTIES ARE FOUND LIABLE TO PAY YOU ANY DAMAGES OR OTHER REMEDIES, THE PARTIES’ TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS ($100 CA). IF YOU ARE UNHAPPY OR DISSATISFIED WITH THE SITE OR ITS CONTENT, OR IF YOU DO NOT ADHERE TO THESE TERMS AND CONDITIONS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. By using this Site, you agree to assume complete responsibility for all the risks associated with your use of the Site, including but not limited to, responsibility for all charges related to the maintenance or repairs of the material that you employ as part of your use of this Site.
Appears in 1 contract
Sources: Terms and Conditions
Disclaimer of Warranty and Limitation of Liability. To the full extent allowed by applicable lawTHE NGO OFFERING, the COMPANY makes no warranty or representation regarding the Site, including that the Site will meet your requirements or will work in combination with any hardware or software provided by third parties, that the service will be uninterrupted, problem, virus or error free, or that all errors in the service will be corrected. You acknowledge and agree that the COMPANY provides the Site “as is” and “as available”. To the full extent allowed by applicable law, the COMPANY’s warranties and remedies (if any) expressly set forth herein are exclusive and are in lieu of all other warranties, express or implied, either in fact or by operation of law, statute, custom, oral or written statements or otherwise, including, but not limited to, the implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description and non-infringement, all of which are expressly disclaimed. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, AND OTHER ENTITIES, ITS DIRECTORS, ADMINISTRATORS, OFFICERS, EMPLOYEES, SUPPLIERS AS WELL AS ANY OTHER PERSON ACTING ON BEHALF OF THE COMPANY TECHNOLOGY RESIDING THEREIN, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY (WHETHER EXPRESS OR THIRD PARTIES WITH WHOM THE COMPANY ASSOCIATES ITSELF FROM TIME TO TIME (COLLECTIVELY “THE PARTIES”), BE LIABLE IN ANY WAY, WHETHER BASED IN CONTRACT, DELICT OR TORT (IMPLIED - INCLUDING BUT NOT LIMITED TOTO ANY WARRANTY OF MERCHANTABILITY, NEGLIGENCEFITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT) OR STRICT LIABILITYANY OTHER LIABILITY TO COMPANY, INCLUDING WITHOUT LIMITATION, NO LIABILITY FOR INCIDENTALCONSEQUENTIAL, INDIRECT, CONSEQUENTIAL, SPECIALCONTINGENT, OR PUNITIVE DAMAGES SPECIAL DAMAGES, LOST PROFITS FOR SEQUENCE, ACCURACY OR COMPLETENESS OF DATA OR THAT IT WILL MEET THE END USER’S REQUIREMENTS, EVEN IF COMPANY OR ANY KINDOF ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. END USER ASSUMES THE ENTIRE RISK OF USING THE NGO OFFERING AND ANY COMPANY TECHNOLOGY THEREIN. IN NO EVENT, SHALL COMPANY BE LIABLE TO END USER OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR CONTINGENT DAMAGES INCLUDING LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SITE’S SERVICE, WHETHER FORESEEABLE OR NOT, AND EVEN IF SUCH PARTIES HAD COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY WHETHER IN THE EVENT THAT THE PARTIES ARE FOUND LIABLE TO PAY YOU AN ACTION BASED ON CONTRACT, TORT OR ANY DAMAGES OR OTHER REMEDIES, THE PARTIES’ TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS ($100 CA). IF YOU ARE UNHAPPY OR DISSATISFIED WITH THE SITE OR ITS CONTENT, OR IF YOU DO NOT ADHERE TO THESE TERMS AND CONDITIONS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. By using this Site, you agree to assume complete responsibility for all the risks associated with your use of the Site, including but not limited to, responsibility for all charges related to the maintenance or repairs of the material that you employ as part of your use of this SiteTHEORY.
Appears in 1 contract
Sources: End User Agreement
Disclaimer of Warranty and Limitation of Liability. To the full extent allowed by applicable law, the COMPANY IIB makes no warranty or representation regarding the Siteof any kind, including that the Site will meet your requirements or will work in combination with any hardware or software provided by third parties, that the service will be uninterrupted, problem, virus or error free, or that all errors in the service will be corrected. You acknowledge and agree that the COMPANY provides the Site “as is” and “as available”. To the full extent allowed by applicable law, the COMPANY’s warranties and remedies (if any) expressly set forth herein are exclusive and are in lieu of all other warranties, express expressed or implied, either in fact connection with the Service provided to you under this Agreement. We do not and cannot warrant that the Service will operate without errors or will be available and operational at all times. Except as specifically provided in this Agreement or where the law requires a different standard, you agree that neither we, nor the service providers, shall be responsible for any loss, property damage, or bodily injury whether caused by the equipment, software, IIB, internet browser providers, internet access providers, online service providers, or by operation an agent or subcontractor of lawany of the foregoing. Nor shall we or the service providers be responsible for any direct, statuteindirect, customspecial, oral consequential, economic, or written statements other damages arising in any way out of the installation, use, or otherwisemaintenance of the equipment, includingsoftware, but not limited toonline financial services, the implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description and non-infringement, all of which are expressly disclaimedor Internet browser or access software. TO THE FULL EXTENT ALLOWED EXCEPT AS SPECIFIED ABOVE OR AS MAY OTHERWISE BE PROVIDED BY APPLICABLE LAW, IIB SHALL HAVE NO LIABILITY FOR ANY ACT OR OMISSION IN NO EVENT SHALL CONNECTION WITH THE COMPANY, ITS AFFILIATESSERVICE, AND OTHER ENTITIESIIB’S CUMULATIVE LIABILITY IN ANY ONE CALENDAR YEAR, ITS DIRECTORSSHOULD IT BE FOUND TO EXIST NOTWITHSTANDING THIS PROVISION, ADMINISTRATORSSHALL NOT EXCEED THE FEES YOU HAVE PAID FOR THE SERVICE(S) IN THAT CALENDAR YEAR. IIB HEREBY DISCLAIMS, OFFICERS, EMPLOYEES, SUPPLIERS AS WELL AS FOR ITSELF AND/OR ANY OTHER PERSON ACTING ON BEHALF OF THE COMPANY SERVICE PROVIDER, ALL WARRANTIES, EITHER EXPRESSED, IMPLIED, OR THIRD PARTIES WITH WHOM THE COMPANY ASSOCIATES ITSELF FROM TIME TO TIME (COLLECTIVELY “THE PARTIES”)STATUTORY, BE LIABLE IN ANY WAYINCLUDING, WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCEANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR LACK OF VIRUSES. IN NO EVENT SHALL IIB OR ANY OTHER SERVICE PROVIDER BE LIABLE FOR (1) DAMAGES CAUSED OTHER THAN BY ITS OWN GROSS NEGLIGENCE OR STRICT LIABILITY, FOR INCIDENTAL, INTENTIONAL MISCONDUCT OR (2) INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KINDINCIDENTAL, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SITE’S SERVICE, WHETHER FORESEEABLE OR NOT, AND EVEN IF SUCH PARTIES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH CONSEQUENTIAL DAMAGES. IN THE EVENT THAT THE PARTIES ARE FOUND LIABLE TO PAY YOU ANY DAMAGES OR OTHER REMEDIES, THE PARTIES’ TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS Thank you for using the Mobile Money Services ($100 CA). IF YOU ARE UNHAPPY OR DISSATISFIED WITH THE SITE OR ITS CONTENT, OR IF YOU DO NOT ADHERE TO THESE TERMS AND CONDITIONS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE“Services”) and any related Software (“Software”) provided by Idaho Independent Bank (“Financial Institution”) combined with your handheld device's text messaging capabilities. By participating in the Services or using this Sitethe Software, you agree to assume complete responsibility for all the risks associated with your use of the Site, including but not limited to, responsibility for all charges related are agreeing to the maintenance or repairs following terms and conditions, in addition to any terms and conditions to which you have previously agreed with respect to the underlying Electronic Banking and ▇▇▇▇ Pay services of which the material that you employ as part of your use of this SiteService is a part. Financial Institution in its discretion may modify these Terms and Conditions at any time. Standard messaging charges apply.
Appears in 1 contract
Sources: Online Banking Agreement
Disclaimer of Warranty and Limitation of Liability. To the full extent allowed by applicable lawTHE SAAS SERVICE, the COMPANY makes no warranty or representation regarding the Site, including that the Site will meet your requirements or will work in combination with any hardware or software provided by third parties, that the service will be uninterrupted, problem, virus or error free, or that all errors in the service will be corrected. You acknowledge and agree that the COMPANY provides the Site “as is” and “as available”. To the full extent allowed by applicable law, the COMPANY’s warranties and remedies (if any) expressly set forth herein are exclusive and are in lieu of all other warranties, express or implied, either in fact or by operation of law, statute, custom, oral or written statements or otherwise, including, but not limited to, the implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description and non-infringement, all of which are expressly disclaimed. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, AND OTHER ENTITIES, ITS DIRECTORS, ADMINISTRATORS, OFFICERS, EMPLOYEES, SUPPLIERS AS WELL AS ANY OTHER PERSON ACTING ON BEHALF OF THE COMPANY TECHNOLOGY RESIDING THEREIN, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY (WHETHER EXPRESS OR THIRD PARTIES WITH WHOM THE COMPANY ASSOCIATES ITSELF FROM TIME TO TIME (COLLECTIVELY “THE PARTIES”), BE LIABLE IN ANY WAY, WHETHER BASED IN CONTRACT, DELICT OR TORT (IMPLIED - INCLUDING BUT NOT LIMITED TOTO ANY WARRANTY OF MERCHANTABILITY, NEGLIGENCEFITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT) OR STRICT LIABILITYANY OTHER LIABILITY TO COMPANY, INCLUDING WITHOUT LIMITATION, NO LIABILITY FOR INCIDENTALCONSEQUENTIAL, INDIRECT, CONSEQUENTIAL, SPECIALCONTINGENT, OR PUNITIVE DAMAGES SPECIAL DAMAGES, LOST PROFITS FOR SEQUENCE, ACCURACY OR COMPLETENESS OF DATA OR THAT IT WILL MEET THE END USER’S REQUIREMENTS, EVEN IF COMPANY OR ANY KINDOF ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. END USER ASSUMES THE ENTIRE RISK OF USING THE SAAS SERVICE AND ANY COMPANY TECHNOLOGY THEREIN. IN NO EVENT, SHALL COMPANY BE LIABLE TO END USER OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR CONTINGENT DAMAGES INCLUDING LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SITE’S SERVICE, WHETHER FORESEEABLE OR NOT, AND EVEN IF SUCH PARTIES HAD COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY WHETHER IN THE EVENT THAT THE PARTIES ARE FOUND LIABLE TO PAY YOU AN ACTION BASED ON CONTRACT, TORT OR ANY DAMAGES OR OTHER REMEDIES, THE PARTIES’ TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS ($100 CA). IF YOU ARE UNHAPPY OR DISSATISFIED WITH THE SITE OR ITS CONTENT, OR IF YOU DO NOT ADHERE TO THESE TERMS AND CONDITIONS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. By using this Site, you agree to assume complete responsibility for all the risks associated with your use of the Site, including but not limited to, responsibility for all charges related to the maintenance or repairs of the material that you employ as part of your use of this SiteTHEORY.
Appears in 1 contract
Sources: End User Agreement
Disclaimer of Warranty and Limitation of Liability. To the full extent allowed by applicable law5.1. THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, the COMPANY makes no warranty or representation regarding the SiteEITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. AGISOFT DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. AGISOFT MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. AGISOFT FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO AUTHORIZED USERS OR TO ANY THIRD PARTY.
5.2. Agisoft shall not be liable for special, indirect, incidental, consequential (including that the Site will meet your requirements or will work in combination with any hardware or software provided by third parties, that the service will be uninterrupted, problem, virus or error free, or that all errors in the service will be corrected. You acknowledge and agree that the COMPANY provides the Site “as is” and “as available”. To the full extent allowed by applicable law, the COMPANY’s warranties and remedies (if any) expressly set forth herein are exclusive and are in lieu of all other warranties, express or implied, either in fact or by operation of law, statute, custom, oral or written statements or otherwise, including, but not limited to, lost profit or the implied warranties loss of merchantabilitydata or information of any kind, availabilityhowever caused, performanceor failure of any licensed software to work or perform in any way) or other damages based in contract, compatibilitytort or otherwise with respect to any claim on account of or arising from this User Agreement or use of or inability to use the Service, fitness even if Agisoft has been or is hereafter advised of the possibility of such damages. In no event total liability hereunder shall exceed the amount paid by you for a particular purposethe right to use the Service. Licensor does not indemnify you in any way against anything.
5.3. If you are dissatisfied with the Service or any of Agisoft’s terms and conditions, satisfactory quality, correspondence with description your sole and non-infringement, all of which are expressly disclaimedexclusive remedy is to discontinue using the Service. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, AND OTHER ENTITIES, ITS DIRECTORS, ADMINISTRATORS, OFFICERS, EMPLOYEES, SUPPLIERS AS WELL AS ANY OTHER PERSON ACTING ON BEHALF OF THE COMPANY OR THIRD PARTIES WITH WHOM THE COMPANY ASSOCIATES ITSELF FROM TIME TO TIME (COLLECTIVELY “THE PARTIES”), BE LIABLE IN ANY WAY, WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR STRICT LIABILITY, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SITE’S SERVICE, WHETHER FORESEEABLE OR NOT, AND EVEN IF SUCH PARTIES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE PARTIES ARE FOUND LIABLE TO PAY YOU ANY DAMAGES OR OTHER REMEDIES, THE PARTIES’ TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS ($100 CA). IF YOU ARE UNHAPPY OR DISSATISFIED WITH THE SITE OR ITS CONTENT, OR IF YOU DO NOT ADHERE TO THESE TERMS AND CONDITIONS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. By using this SiteIn addition, you release Agisoft from any damages that you incur, and agree not to assume complete responsibility for all the risks associated with assert any claims against it, arising from your use of the Site, including but not limited to, responsibility for all charges related to the maintenance or repairs of the material that you employ as part of your use of this SiteService.
Appears in 1 contract
Sources: User Agreement
Disclaimer of Warranty and Limitation of Liability. To the full extent allowed by applicable law, the COMPANY makes no warranty or representation regarding the Site, including that the Site will meet your requirements or will work in combination with any hardware or software provided by third parties, that the service will be uninterrupted, problem, virus or error free, or that all errors in the service will be corrected. You acknowledge and agree that the COMPANY provides the Site “as is” and “as available”. To the full extent allowed by applicable law, the COMPANY’s warranties and remedies (if any) expressly set forth herein are exclusive and are in lieu of all other warranties, express or implied, either in fact or by operation of law, statute, custom, oral or written statements or otherwise, including, but not limited to, the implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description and non-infringement, all of which are expressly disclaimed. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT (EXCEPT FOR FRAUD, PERSONAL INJURY/DEATH CAUSED BY NEGLIGENCE, OR WILFUL MISCONDUCT) SHALL THE COMPANY, ITS AFFILIATES, AND OTHER ENTITIES, ITS DIRECTORS, ADMINISTRATORS, OFFICERS, EMPLOYEES, SUPPLIERS AS WELL AS ANY OTHER PERSON ACTING ON BEHALF OF THE COMPANY OR THIRD PARTIES WITH WHOM THE COMPANY ASSOCIATES ITSELF FROM TIME TO TIME (COLLECTIVELY “THE PARTIES”), ODETTE BE LIABLE IN FOR ANY WAYDIRECT OR INDIRECT, WHETHER BASED IN CONTRACTINCIDENTAL OR CONSEQUENTIAL DAMAGES, DELICT OR TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR STRICT LIABILITY, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE PROFITS OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS DATA) ARISING OUT OF FROM OR IN CONNECTION WITH THE USE, PERFORMANCEDELIVERY, FAILURELICENSE, PERFORMANCE OR NON-PERFORMANCE OF DIGITAL CERTIFICATES, DIGITAL SIGNATURES, OR INTERRUPTION ANY OTHER TRANSACTIONS OR SERVICES OFFERED OR CONTEMPLATED BY THE CERTIFICATE PRACTICE STATEMENT (CPS), EXCEPT FOR DAMAGE DUE TO RELIANCE (IN ACCORDANCE WITH THE CPS) ON THE VERIFIED INFORMATION AT THE MOMENT OF ISSUANCE OF THE SITE’S SERVICE, WHETHER FORESEEABLE DIGITAL CERTIFICATE IN A SECURE SERVER CERTIFICATE UP TO AN AMOUNT OF ONE EURO. ▇▇▇▇▇▇ WILL NOT BE LIABLE IN THIS CASE IF THE FAULT IN THIS VERIFIED INFORMATION IS DUE TO FRAUD OR NOT, AND EVEN IF SUCH PARTIES HAD BEEN ADVISED WILFUL MIDCONDUCT OF THE POSSIBILITY APPLICANT. ▇▇▇▇▇▇ WILL NOT BE LIABLE IN THIS CASE IF THE USER HAS NOT RESPECTED HIS OBLIGATIONS MENTIONED AMONGST OTHERS IN ARTICLE 4 OF SUCH DAMAGESTHIS AGREEMENT. IN THE EVENT THAT THE PARTIES ARE FOUND LIABLE TO PAY YOU ANY DAMAGES OR OTHER REMEDIES, THE PARTIES’ TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS ($100 CA). IF YOU ARE UNHAPPY OR DISSATISFIED WITH THE SITE OR ITS CONTENT, OR IF YOU DO NOT ADHERE TO THESE TERMS AND CONDITIONS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. By using this Site, you agree to assume complete responsibility for all 8 Term and Termination This Agreement shall terminate on the risks associated with your use earliest of: The expiry date of the Site, including but Digital Certificate; failure by Subscriber to perform any of its material obligations under this Agreement if such breach is not limited to, responsibility for all charges related to the maintenance or repairs cured within thirty (30) days after receipt of the material that you employ as part of your use of this Sitenotice thereof from ODETTE.
Appears in 1 contract
Sources: Subscriber Agreement
Disclaimer of Warranty and Limitation of Liability. To the full extent allowed by applicable lawThe Licensed EMIP is provided to, the COMPANY makes no and is accepted by, Licensee ‘AS IS’ without warranty or representation regarding the Site, including that the Site will meet your requirements or will work in combination with of any hardware or software provided by third parties, that the service will be uninterrupted, problem, virus or error free, or that kind. Philips expressly disclaims any and all errors in the service will be corrected. You acknowledge and agree that the COMPANY provides the Site “as is” and “as available”. To the full extent allowed by applicable law, the COMPANY’s warranties and remedies (if any) expressly set forth herein are exclusive and are in lieu of all other warranties, express or implied, either in fact or by operation of law, statute, custom, oral or written statements or otherwise, including, but not limited to, the any implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description and non-infringement, or that all problems in the Designated Equipment(s) will be diagnosed or corrected with the use of which are expressly disclaimedthe EMIP, or that the EMIP is error free. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAWExcept as otherwise prohibited by law, Licensee agrees to indemnify and hold Philips, harmless from any claims, losses, liabilities, damages, costs, penalties, fines and expenses, including, without limitation, reasonable attorneys’ fees, brought against, or suffered by, Philips arising directly or indirectly as a result of the use of the Licensed EMIP, or properly maintain the Designated Equipment, by Licensee, except to the extent damage arise from the negligent act or omission of Philips. IN NO EVENT SHALL THE COMPANYPHILIPS, OR ANY OF ITS AFFILIATES, AND OTHER ENTITIES, ITS DIRECTORS, ADMINISTRATORS, OFFICERS, EMPLOYEES, SUPPLIERS AS WELL AS ANY OTHER PERSON ACTING ON BEHALF OF THE COMPANY OR THIRD PARTIES WITH WHOM THE COMPANY ASSOCIATES ITSELF FROM TIME TO TIME (COLLECTIVELY “THE PARTIES”), AFFILIATES BE LIABLE IN FOR ANY WAYINDIRECT, WHETHER BASED IN CONTRACTINCIDENTAL, DELICT PUNITIVE, SPECIAL OR TORT CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR STRICT LIABILITY, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOST PROFITS LOSS OF REVENUE OR PROFITSREVENUE, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION OR GOODWILLDAMAGE TO REPUTATION) IRRESPECTIVE OF WHETHER SUCH DAMAGES RESULT FROM CLAIMS BASED ON TORT (INCLUDING NEGLIGENCE), LOSS OR CORRUPTION OFWARRANTY, CONTRACT, INDEMNITY, OR UNAUTHORIZED ACCESS TOANY OTHER LEGAL THEORY, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SITE’S SERVICE, WHETHER FORESEEABLE OR NOT, AND EVEN IF SUCH PARTIES HAD PHILIPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE PARTIES ARE FOUND LIABLE TO PAY YOU ANY DAMAGES OR OTHER REMEDIESPhilips’ total liability, THE PARTIES’ TOTAL CUMULATIVE LIABILITY TO YOU UNDER if any, is limited to an amount not to exceed the License Fee payable for the Licensed EMIP that is the basis for the claim. THIS AGREEMENT LIMITATION SHALL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS ($100 CA). IF YOU ARE UNHAPPY APPLY TO THIRD PARTY CLAIMS FOR BODILY INJURY OR DISSATISFIED WITH THE SITE OR ITS CONTENT, OR IF YOU DO NOT ADHERE TO THESE TERMS AND CONDITIONS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. By using this Site, you agree to assume complete responsibility for all the risks associated with your use of the Site, including but not limited to, responsibility for all charges related to the maintenance or repairs of the material that you employ as part of your use of this SiteDEATH PROXIMATELY CAUSED BY PHILIPS’ NEGLIGENCE.
Appears in 1 contract
Sources: Customer Service Agreement
Disclaimer of Warranty and Limitation of Liability. To the full extent allowed by applicable law, the COMPANY IIB makes no warranty or representation regarding the Siteof any kind, including that the Site will meet your requirements or will work in combination with any hardware or software provided by third parties, that the service will be uninterrupted, problem, virus or error free, or that all errors in the service will be corrected. You acknowledge and agree that the COMPANY provides the Site “as is” and “as available”. To the full extent allowed by applicable law, the COMPANY’s warranties and remedies (if any) expressly set forth herein are exclusive and are in lieu of all other warranties, express expressed or implied, either in fact connection with the Service provided to you under this Agreement. We do not and cannot warrant that the Service will operate without errors or will be avai lable and operational at all times. Except as specifically provided in this Agreement or where the law requires a different standard, you agree that neither we, nor the service providers, shall be responsible for any loss, property damage, or bodily injur y whether caused by the equipment, software, IIB, Internet browser providers, Internet access providers, online service providers, or by operation an agent or subcontractor of lawany of the foregoing. Nor shall we or the service providers be responsible for any direct, statuteindirect, customspecial, oral consequential, economic, or written statements other damages, including those arising in any way out of the installation, use, or otherwisemaintenance of the equipment, includingsoftware, but not limited toonline financial services, the implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description and non-infringement, all of which are expressly disclaimedor Internet browser or access software. TO THE FULL EXTENT ALLOWED EXCEPT AS SPECIFIED ABOVE OR AS MAY OTHERWISE BE PROVIDED BY APPLICABLE LAW, IIB SHALL HAVE NO LIABILITY FOR ANY ACT OR OMISSION IN NO EVENT SHALL CONNECTION WITH THE COMPANY, ITS AFFILIATESSERVICE, AND OTHER ENTITIESIIB’S CUMULATIVE LIABILITY IN ANY ONE CALENDAR YEAR, ITS DIRECTORSSHOULD IT BE FOUND TO EXIST NOTWITHSTANDING THIS PROVISION, ADMINISTRATORSSHALL NOT EXCEED THE FEES YOU HAVE PAID FOR THE SERVICE(S) IN THAT CALENDAR YEAR. IIB HEREBY DISCLAIMS, OFFICERS, EMPLOYEES, SUPPLIERS AS WELL AS FOR ITSELF AND/OR ANY OTHER PERSON ACTING ON BEHALF OF THE COMPANY SERVICE PROVIDER, ALL WARRANTIES, EITHER EXPRESSED, IMPLIED, OR THIRD PARTIES WITH WHOM THE COMPANY ASSOCIATES ITSELF FROM TIME TO TIME (COLLECTIVELY “THE PARTIES”)STATUTORY, BE LIABLE IN ANY WAYINCLUDING, WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCEANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR LACK OF VIRUSES. IN NO EVENT SHALL IIB OR ANY OTHER SERVICE PROVIDER BE LIABLE FOR (1) DAMAGES CAUSED OTHER THAN BY ITS OWN GROSS NEGLIGENCE OR STRICT LIABILITY, FOR INCIDENTAL, INTENTIONAL MISCONDUCT OR (2) INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KINDINCIDENTAL, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SITE’S SERVICE, WHETHER FORESEEABLE OR NOT, AND EVEN IF SUCH PARTIES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH CONSEQUENTIAL DAMAGES. IN THE EVENT THAT THE PARTIES ARE FOUND LIABLE TO PAY YOU ANY DAMAGES OR OTHER REMEDIES, THE PARTIES’ TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS ($100 CA). IF YOU ARE UNHAPPY OR DISSATISFIED WITH THE SITE OR ITS CONTENT, OR IF YOU DO NOT ADHERE TO THESE TERMS AND CONDITIONS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. By using this Site, you agree to assume complete responsibility for all the risks associated with your use of the Site, including but not limited to, responsibility for all charges related to the maintenance or repairs of the material that you employ as part of your use of this Site.
Appears in 1 contract
Sources: Online Banking Agreement