Common use of DISCLAIMER OF WARRANTY Clause in Contracts

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USE.

Appears in 10 contracts

Sources: End User License Agreement, End User License Agreement (Eula), End User License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, THE SOFTWARE IS PROVIDED ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY OR CONDITION OF QUALITYTITLE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON-INFRINGEMENT, ANY OTHER WARRANTIESSATISFACTORY QUALITY, REPRESENTATIONSNON-INTERFERENCE, CONDITIONS AND TERMSACCURACY OF INFORMATIONAL CONTENT, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED ALLOWED BY LAWAPPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY HGS, ITS SUPPLIERS AND LICENSORS. LIFERAY DOES TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNEDAPPLY. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED AND LICENSEE MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO (A) JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEEXPRESS WARRANTY SET FORTH ABOVE FAILS ITS ESSENTIAL PURPOSE.

Appears in 9 contracts

Sources: End User License Agreement, End User License Agreement, End User License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THIS AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THIS AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, , (C) DIRECT LIFE SUPPORT SYSTEMS OR (2II) SIMILAR ULTRA- ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE THE CUSTOMER IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ASSUMES ALL RISK FOR ANY SUCH USE.

Appears in 8 contracts

Sources: Enterprise Services Agreement, Enterprise Services Agreement, Enterprise Services Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THE AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THE AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THE AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, , (C) DIRECT LIFE SUPPORT SYSTEMS OR (2II) SIMILAR ULTRA- ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE THE CUSTOMER IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ASSUMES ALL RISK FOR ANY SUCH USE.

Appears in 7 contracts

Sources: Enterprise Services Agreement, Enterprise Services Agreement, Enterprise Services Agreement

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITES ARE PROVIDED FOR USE "AS IS", WITHOUT ANY WARRANTIES OF ACCURACY, RELIABILITY, LIKELY-RESULT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, OR BEING UP-TO-DATE. ANY USAGE OF THE WEBSITES IS AT YOUR SOLE AND EXCLUSIVE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE SOFTWARE IS WEBSITES, THE ACCURACY, RELIABILITY, ADEQUACY, OR COMPLETENESS OF THE WEBSITES, OR ANY OTHER MATERIAL PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF BY ANY KINDLINK TO ANOTHER WEBSITE OR SERVICE, EITHER EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDINGARISING BY LAW, BUT NOT LIMITED TOCUSTOM, THE IMPLIED PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF QUALITY, MERCHANTABILITY, TITLELIKELY-RESULT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE, OR PERFORMANCE OF THE WEBSITES WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, WHICH IS NOT CONTAINED IN THE TERMS, WILL BE DEEMED TO BE A WARRANTY BY US FOR ANY PURPOSE, AND SUCH IMPLIED WARRANTIESOR GIVE RISE TO ANY LIABILITY OF US WHATSOEVER. We will make efforts to run the Websites efficiently and accessible at all times. However, ANY OTHER WARRANTIESthe Websites’ operation is dependent upon various factors such as software, REPRESENTATIONShardware, CONDITIONS AND TERMSand communication networks. By their nature, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTEthese factors are not fault free. We do not warrant that the Websites will operate in an uninterrupted or error-free manner, COMMON LAWor that the Websites will always be available, COURSE OF DEALINGfree from all harmful components, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWor that at all times the Websites will completely safe, and secured from unauthorized access to our computers, immune from damages, free of malfunctions, bugs or failures, including but not limited to, hardware failures, software failures and software communication failures, originating either in us or any other service provider. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USESuch incidents will not be considered as a breach of the Terms.

Appears in 7 contracts

Sources: Terms of Use, Terms of Use, Terms of Use

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (1) THE SOFTWARE IS SERVICES ARE PROVIDED AND LICENSED "AS IS" ” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED AND (2) NORTONLIFELOCK EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED INCLUDING WITHOUT LIMITATION ANY WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS PURPOSE OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE NON-INFRINGEMENT OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED INTELLECTUAL PROPERTY RIGHTS. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. LIFERAY DOES NOT WARRANT THAT , NORTONLIFELOCK MAKES NO WARRANTIES THAT: (I) THE SOFTWARE SERVICES WILL MEET YOUR REQUIREMENTS, ; (II) THE USE OF THE SOFTWARE SERVICES WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE, ; (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE RESULTS THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS MAY BE OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE GENERALITY QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU THROUGH THE FOREGOING DISCLAIMERSERVICES WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; OR (VI) IN RELATION TO THE PAYMENT OF ANY REFUNDS, THE SOFTWARE IS NOT SPECIFICALLY DESIGNEDTIMELINESS OF SUCH PAYMENT WILL MEET YOUR EXPECTATIONS. IN ADDITION, MANUFACTURED NORTONLIFELOCK MAKES NO REPRESENTATION OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR WARRANTY ABOUT ANY SUCH USETHIRD-PARTY PRODUCTS.

Appears in 6 contracts

Sources: License and Services Agreement, License and Services Agreement, License and Services Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, CROWNTV AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SOFTWARE OR ANY EQUIPMENT USED IN CONNECTION WITH THE SOFTWARE (“EQUIPMENT”). CROWNTV AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SOFTWARE OR EQUIPMENT WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SOFTWARE OR EQUIPMENT WILL MEET USER’S REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH THE SOFTWARE OR EQUIPMENT WILL MEET USER’S REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, (F) THE ADDITIONAL COSTS INCURRED TO USE THE SOFTWARE OR EQUIPMENT WILL NOT EXCEED A CERTAIN AMOUNT OF MONEY, OR (G) THE SOFTWARE, EQUIPMENT OR THE SERVER(S) THAT MAKE THE SOFTWARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SOFTWARE AND EQUIPMENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-FRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED LAW BY CROWNTV AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEITS LICENSORS.

Appears in 6 contracts

Sources: End User License Agreement, End User License Agreement, End User License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USE.

Appears in 6 contracts

Sources: End User License Agreement, End User License Agreement (Eula), End User License Agreement (Eula)

DISCLAIMER OF WARRANTY. TO EXCEPT FOR THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXPRESS LIMITED WARRANTIES SET FORTH ABOVE, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDCENTRALSQUARE MAKES NO WARRANTIES WHATSOEVER, EITHER EXPRESSED OR IMPLIED, INCLUDINGWITH REGARD TO THE INTELLECTUAL PROPERTY, BUT NOT LIMITED TOSOFTWARE, THE PROFESSIONAL SERVICES, AND/OR ANY OTHER MATTER RELATING TO THIS AGREEMENT, AND THAT CENTRALSQUARE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND SPECIFICALLY DISCLAIMS IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESOR TITLE. FURTHER, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY CENTRALSQUARE EXPRESSLY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTSA SOLUTION, (II) THE USE OF THE SOFTWARE ANY CUSTOM MODIFICATION OR ANY IMPROVEMENTS WILL BE UNINTERRUPTED USABLE BY CUSTOMER IF THE SOLUTION OR CUSTOM MODIFICATION HAS BEEN MODIFIED BY ANYONE OTHER THAN CENTRALSQUARE PERSONNEL, OR WILL BE ERROR FREE, (III) WILL OPERATE WITHOUT INTERRUPTION OR WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE EXCEPT TO THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED EXTENT EXPRESSLY SET FORTH IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ALL THIRD-PARTY MATERIALS ARE SOLELY RESPONSIBLE FOR PROVIDED “AS-IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN CUSTOMER AND THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARETHIRD-PARTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS THIS AGREEMENT DOES NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROLAMEND, OR DIRECT OPERATION OF NUCLEAR FACILITIESMODIFY CENTRALSQUARE’S WARRANTY UNDER ANY AGREEMENT OR ANY CONDITIONS, (B) AIRCRAFT NAVIGATIONLIMITATIONS, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USERESTRICTIONS THEREOF.

Appears in 5 contracts

Sources: Centralsquare Solutions and Support Agreement, Centralsquare Solutions Agreement, Independent Contractor Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, /N SOFTWARE SPECIFICALLY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE LICENSED SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE LICENSED SOFTWARE IS ASSUMED BY YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY /N SOFTWARE OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS INFORMATION OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWADVICE. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERFURTHER, THE LICENSED SOFTWARE IS NOT SPECIFICALLY FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN (1) FACILITIES OR HAZARDOUS ENVIRONMENTS REQUIRING FAILSAFE FAIL-SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) SUCH AS IN THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL NAVIGATION OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT SYSTEMS MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE LICENSED SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (2) SIMILAR ULTRA- HAZARDOUS "HIGH RISK ACTIVITIES"). /N SOFTWARE AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL IMPLIED WARRANTY OF FITNESS FOR HIGH RISK FOR ANY SUCH USEACTIVITIES.

Appears in 5 contracts

Sources: End User Licensing Agreement, End User License Agreement, End User License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, a. YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" ", WITHOUT WARRANTY OF ANY KINDKIND BY XEROX OR ITS LICENSORS. XEROX AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESSED EXPRESS OR IMPLIED, WHETHER CREATED BY STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY ANY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. XEROX AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES ITS LICENSORS DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR PARTICULAR REQUIREMENTS, (II) THE USE OF THE SOFTWARE THAT IT WILL BE OPERATE UNINTERRUPTED OR ERROR FREE, (III) OR THAT DEFECTS IN THE SOFTWARE CAN OR WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONBE CORRECTED. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERALL WARRANTIES AND REPRESENTATIONS MADE BY PERSONS OTHER THAN XEROX, THE SOFTWARE IS NOT SPECIFICALLY DESIGNEDINCLUDING, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO TO, YOUR AUTHORIZED SERVICE PROVIDER, DISTRIBUTORS, DEALERS, CONCESSIONAIRES AND OTHER RESELLERS OF XEROX, ARE ALSO DISCLAIMED. THE WARRANTY DISCLAIMERS SET FORTH HEREIN MAY NOT APPLY IN CERTAIN JURISDICTIONS, IN WHICH CASE THE WARRANTEES HEREUNDER SHALL BE THE MINIMUM REQUIRED BY LAW. b. Software may contain, or be modified to contain, computer code capable of automatically disabling proper operation or functioning of Software and/or the system upon which it is installed. Such disabling code may be activated (Aa) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIESif Xerox is denied access to the Software and/or the system as provided herein, (Bb) AIRCRAFT NAVIGATIONyou otherwise breach any term of this Agreement, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, or (Cc) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEsuch license is terminated or expires. 4.

Appears in 4 contracts

Sources: Software License Agreement, Software License Agreement, Driver Download Agreement

DISCLAIMER OF WARRANTY. TO EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR IN THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONVEYANCES, THE SOFTWARE IS PROVIDED SELLER EXPRESSLY DISCLAIMS AND LICENSED "AS IS" WITHOUT WARRANTY OF NEGATES ANY KINDREPRESENTATION, EITHER EXPRESSED COVENANT OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, AT COMMON LAW, COURSE OF DEALING, TRADE USAGE BY STATUTE OR OTHERWISE) ARE HEREBY EXCLUDED , RELATING TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE CONDITION OF THE SOFTWARE WILL BE UNINTERRUPTED ASSETS AND ANY PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS OF MOVABLE PROPERTY COMPRISING ANY PART OF THE ASSETS INCLUDING (i) ANY IMPLIED OR ERROR FREEEXPRESS WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS; (iii) ANY RIGHTS OF BUYER UNDER APPLICABLE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE PURCHASE PRICE; (iv) ANY CLAIM BY BUYER FOR DAMAGES BECAUSE OF DEFECTS OR OTHER VICES, WHETHER KNOWN OR UNKNOWN; (IIIv) ANY IMPLIED OR EXPRESS WARRANTY REGARDING ENVIRONMENTAL LAWS, THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE RELEASE OF MATERIALS INTO THE ENVIRONMENT INCLUDING, WITHOUT LIMITATION, NORM OR ASBESTOS, OR PROTECTION OF THE ENVIRONMENT OR HEALTH; OR (vi) ANY IMPLIED OR EXPRESS WARRANTY REGARDING TITLE TO YOU OR APPEAR PRECISELY AS DESCRIBED ANY OF THE ASSETS, EXCEPT FOR THE SPECIAL WARRANTY OF TITLE PROVIDED IN THE ACCOMPANYING DOCUMENTATIONCONVEYANCES. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR IT IS THE RESULTS OBTAINED FROM EXPRESS INTENTION OF BUYER AND SELLER THAT, EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR IN THE USE CONVEYANCES, THE PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS AND THE CONDITION OF THE SOFTWAREASSETS ARE BEING CONVEYED TO BUYER “AS IS, WHERE IS,” WITH ALL FAULTS, AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR. WITHOUT LIMITING BUYER REPRESENTS TO SELLER THAT AS OF CLOSING BUYER WILL HAVE BEEN GIVEN CERTAIN ACCESS TO THE GENERALITY ASSETS TO MAKE INSPECTIONS, IT BEING UNDERSTOOD THAT SUCH INSPECTIONS SHALL NOT IMPAIR OR OTHERWISE AFFECT THE VALIDITY OF SELLER’S REPRESENTATIONS AND WARRANTIES OR SELLER’S INDEMNITY OBLIGATIONS SET FORTH IN THIS AGREEMENT OR IN THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USECONVEYANCES.

Appears in 4 contracts

Sources: Purchase and Sale Agreement, Purchase and Sale Agreement (Magnum Hunter Resources Corp), Purchase and Sale Agreement (Magnum Hunter Resources Corp)

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SAVE FOR THE WARRANTY IN SECTION 1.2 ABOVE, SYMANTEC EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT SYMANTEC ADDITIONALLY MAKES NO WARRANTIES THAT: (I) THE SOFTWARE SERVICES AND/OR SITE WILL MEET YOUR REQUIREMENTS, ; (II) THE USE OF THE SOFTWARE SERVICES AND/OR SITE WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE, ; (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE RESULTS THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS MAY BE OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING SERVICES AND/OR SITE WILL BE ACCURATE OR RELIABLE; (IV) THE GENERALITY QUALITY OF ANY SERVICES, SUBSCRIPTIONS, PRODUCTS, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES AND/OR SITE WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN THE SERVICES AND/OR SITE WILL BE CORRECTED; (VI) ALL VIRUSES WILL BE REMOVED THROUGH THE SERVICES; OR (VII) IN RELATION TO THE PAYMENT OF THE FOREGOING DISCLAIMERREFUND, THE TIMELINESS OF SUCH PAYMENT WILL MEET YOUR EXPECTATIONS. ANY SUPPORT SOFTWARE TOOL, MATERIALS AND/OR DATA DOWNLOADED OR OTHERSWISE OBTAINED BY YOU THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE SUPPORT SOFTWARE TOOL IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY AND PROVIDED IN ACCORDANCE WITH THE SUPPORT SOFTWARE TOOL USAGE AGREEMENT. SYMANTEC DOES NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEWARRANT THIRD PARTY PRODUCTS.

Appears in 4 contracts

Sources: Norton License Agreement, Terms and Conditions, Norton License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, THE SOFTWARE IS PROVIDED ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON-INFRINGEMENT, ANY OTHER WARRANTIESSATISFACTORY QUALITY, REPRESENTATIONSNON-INTERFERENCE, CONDITIONS AND TERMSACCURACY OF INFORMATIONAL CONTENT, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED ALLOWED BY LAWAPPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY CISCO, ITS SUPPLIERS AND LICENSORS. LIFERAY DOES NOT WARRANT TO THE EXTENT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE ANY OF THE SOFTWARE WILL SAME CANNOT BE UNINTERRUPTED EXCLUDED, SUCH IMPLIED CONDITION, REPRESENTATION AND/OR ERROR FREE, (III) WARRANTY IS LIMITED IN DURATION TO THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE EXPRESS WARRANTY PERIOD REFERRED TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION"LIMITED WARRANTY" SECTION ABOVE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERBECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNEDAPPLY IN SUCH STATES. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEJURISDICTION. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.

Appears in 4 contracts

Sources: End User License Agreement, End User License Agreement, End User License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THIS AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THIS AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, , (C) DIRECT LIFE SUPPORT SYSTEMS OR (2II) SIMILAR ULTRA- ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE THE CUSTOMER IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ASSUMES ALL RISK FOR ANY SUCH USE.

Appears in 4 contracts

Sources: Enterprise Services Agreement, Enterprise Services Agreement, Enterprise Services Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 6 OF THE AGREEMENT (AND IN THE WARRANTY SECTIONS OF THE SOFTWARE LICENSE TERMS AND THE SERVICE TERMS) AND TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED INSIGHTSOFTWARE AND LICENSED "AS IS" WITHOUT WARRANTY ITS DIRECT AND INDIRECT SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND WITH REGARDS TO THE SOFTWARE, EITHER EXPRESSED SERVICES, OR ANY OTHER MATERIALS SUPPLIED IN ACCORDANCE WITH THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY INCLUDING ANY WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESOR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS WARRANTY ARISING FROM STATUTE OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON OTHERWISE IN LAW, COURSE OF DEALING, TRADE COURSE OF PERFORMANCE, OR USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWOF TRADE. LIFERAY INSIGHTSOFTWARE DOES NOT REPRESENT OR WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE CUSTOMER’S USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, (III) NOR DOES INSIGHTSOFTWARE WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL COMPLY MEET CUSTOMER’S REQUIREMENTS. INSIGHTSOFTWARE’S EXPRESS WARRANTIES SHALL NOT BE ENLARGED, DIMINISHED, OR AFFECTED BY AND NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF INSIGHTSOFTWARE’S RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU THE SOFTWARE OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESOFTWARE IN COMBINATION WITH ANY OPERATING SYSTEM NOT AUTHORIZED IN THE DOCUMENTATION OR WITH HARDWARE OR SOFTWARE SPECIFICALLY FORBIDDEN BY THE DOCUMENTATION. WITHOUT LIMITING NOTWITHSTANDING ANYTHING TO THE GENERALITY CONTRARY, ANY AND ALL WARRANTIES ANYWHERE IN THE AGREEMENT SHALL BE VOID IF CUSTOMER HAS MADE ANY UNAUTHORIZED USE OF THE FOREGOING DISCLAIMERSOFTWARE OR SERVICES. For clarity, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEthe disclaimer of non-infringement warranties does not limit Customer’s rights for indemnity for infringement as set forth below.

Appears in 4 contracts

Sources: Master Terms Agreement, Master Terms Agreement, Master Terms Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 6 OF THE AGREEMENT (AND IN THE WARRANTY SECTIONS OF THE SOFTWARE LICENSE TERMS AND THE SERVICE TERMS), INSIGHTSOFTWARE AND ITS DIRECT AND INDIRECT SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARDS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSOFTWARE, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF SERVICES, OR ANY KINDOTHER MATERIALS SUPPLIED IN ACCORDANCE WITH THIS AGREEMENT, EITHER EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY INCLUDING ANY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESOR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS WARRANTY ARISING FROM STATUTE OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON OTHERWISE IN LAW, COURSE OF DEALING, TRADE COURSE OF PERFORMANCE, OR USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWOF TRADE. LIFERAY INSIGHTSOFTWARE DOES NOT REPRESENT OR WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE CUSTOMER’S USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, (III) NOR DOES INSIGHTSOFTWARE WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL COMPLY MEET CUSTOMER’S REQUIREMENTS. INSIGHTSOFTWARE’S EXPRESS WARRANTIES SHALL NOT BE ENLARGED, DIMINISHED, OR AFFECTED BY AND NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF INSIGHTSOFTWARE’S RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU THE SOFTWARE OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESOFTWARE IN COMBINATION WITH ANY OPERATING SYSTEM NOT AUTHORIZED IN THE DOCUMENTATION OR WITH HARDWARE OR SOFTWARE SPECIFICALLY FORBIDDEN BY THE DOCUMENTATION. WITHOUT LIMITING NOTWITHSTANDING ANYTHING TO THE GENERALITY CONTRARY, ANY AND ALL WARRANTIES ANYWHERE IN THE AGREEMENT SHALL BE VOID IF CUSTOMER HAS MADE ANY UNAUTHORIZED USE OF THE FOREGOING DISCLAIMERSOFTWARE OR SERVICES. For clarity, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEthe disclaimer of non-infringement warranties does not limit Customer’s rights for indemnity for infringement as set forth below.

Appears in 4 contracts

Sources: Master Terms Agreement, Master Terms Agreement, Master Terms Agreement

DISCLAIMER OF WARRANTY. Licensee expressly acknowledges and agrees that the use of the Software and its documentation is at Licensee's sole risk. The Software, documentation, and technical support are provided "AS IS" and without warranty of any kind. Information regarding any third party services included in this package is provided as convenience only, without warranty by INNOVENTIONS, and will be governed solely by the terms agreed upon between Licensee and the third party providing such services. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAWLAWS, INNOVENTIONS AND INNOVENTIONS’ LICENSER(S) (FOR THE SOFTWARE IS PROVIDED PURPOSES OF PROVISIONS 8 AND LICENSED "9, INNOVENTIONS AND INNOVENTIONS’ LICENSER(S) SHALL BE COLLECTIVELY REFERRED TO AS IS" WITHOUT WARRANTY OF ANY KINDINNOVENTIONS) EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWNONINFRINGEMENT. LIFERAY INNOVENTIONS DOES NOT WARRANT THAT (I) THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR LICENSEE'S REQUIREMENTS, (II) OR THAT THE USE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, (III) OR THAT DEFECTS IN THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU BE CORRECTED. FURTHERMORE, INNOVENTIONS DOES NOT WARRANT OR APPEAR PRECISELY AS DESCRIBED IN MAKE ANY REPRESENTATIONS REGARDING THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR USE OR THE RESULTS OBTAINED FROM OF THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY SOFTWARE OR ITS DOCUMENTATION IN TERMS OF THE FOREGOING DISCLAIMERTHEIR CORRECTNESS, THE SOFTWARE IS NOT SPECIFICALLY DESIGNEDACCURACY, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROLRELIABILITY, OR DIRECT OPERATION OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INNOVENTIONS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF NUCLEAR FACILITIESTHIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USESO THE ABOVE EXCLUSION MAY NOT APPLY.

Appears in 4 contracts

Sources: Software License Agreement, Software License Agreement, Software License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL ▇▇▇▇▇▇ CONTROLS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, AND PRODUCTION OR DELIVERY OF THE SOFTWARE PRODUCT BE LIABLE FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST DATA, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE PRODUCT EVEN IF ▇▇▇▇▇▇ CONTROLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH IMPLIED WARRANTIESDAMAGES, OR FOR ANY CLAIM BY ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWPARTY. LIFERAY ▇▇▇▇▇▇ CONTROLS DOES NOT WARRANT THE PERFORMANCE OR RESULTS THAT (I) MAY BE OBTAINED BY USING THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE PRODUCT. ▇▇▇▇▇▇ CONTROLS ASSUMES NO LIABILITY FOR DAMAGES CONSEQUENT TO USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) PRODUCT. THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE PRODUCT IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED DESIGNED FOR A LEVEL OF RELIABILITY FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS CRITICAL APPLICATIONS. USE AND VERIFICATION OF THE SOFTWARE PRODUCT IN SUCH APPLICATION IS THE SOLE RESPONSIBILITY OF THE END USER. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE WARRANTY AND REMEDIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEWRITTEN, EXPRESSED OR IMPLIED.

Appears in 4 contracts

Sources: Software License Agreement, Software License Agreement, Software License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THIS AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THIS AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USE.

Appears in 4 contracts

Sources: Enterprise Services Agreement, Enterprise Services Agreement, Enterprise Services Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, THE SOFTWARE IS PROVIDED ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY OR CONDITION OF QUALITYTITLE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON-INFRINGEMENT, ANY OTHER WARRANTIESSATISFACTORY QUALITY, REPRESENTATIONSNON-INTERFERENCE, CONDITIONS AND TERMSACCURACY OF INFORMATIONAL CONTENT, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED ALLOWED BY LAWAPPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY NV5GS, ITS SUPPLIERS AND LICENSORS. LIFERAY DOES TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNEDAPPLY. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED AND LICENSEE MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO (A) JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEEXPRESS WARRANTY SET FORTH ABOVE FAILS ITS ESSENTIAL PURPOSE.

Appears in 4 contracts

Sources: End User License Agreement, End User License Agreement, End User License Agreement

DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DEVELOPER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESSED EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE NON- INFRINGEMENT OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWTHIRD PARTY RIGHTS. LIFERAY PRO-ED DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTSFUNCTIONS CONTAINED IN, (II) THE USE OF OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, (III) OR THAT DEFECTS IN THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU BE CORRECTED. NO ORAL OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONWRITTEN INFORMATION OR ADVICE GIVEN BY PRO-ED OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, SHOULD THE SOFTWARE IS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT SPECIFICALLY DESIGNEDALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT LIMITED APPLY TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEYOU.

Appears in 4 contracts

Sources: End User License Agreement, End User License Agreement, End User License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THIS AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THIS AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, , (C) DIRECT LIFE SUPPORT SYSTEMS OR (2II) SIMILAR ULTRA- ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE THE CUSTOMER IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ASSUMES ALL RISK FOR ANY SUCH USE.

Appears in 3 contracts

Sources: Enterprise Services Agreement, Enterprise Services Agreement, Enterprise Services Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, THE SOFTWARE IS PROVIDED ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY OR CONDITION OF QUALITYTITLE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON- INFRINGEMENT, ANY OTHER WARRANTIESSATISFACTORY QUALITY, REPRESENTATIONSNON-INTERFERENCE, CONDITIONS AND TERMSACCURACY OF INFORMATIONAL CONTENT, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED ALLOWED BY LAWAPPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY LICENSOR, ITS SUPPLIERS AND LICENSORS. LIFERAY DOES TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNEDAPPLY. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED AND LICENSEE MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEJURISDICTION.

Appears in 3 contracts

Sources: End User License Agreement, End User License Agreement, Software License Agreement

DISCLAIMER OF WARRANTY. TO LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTWARE IS AT LICENSEE’S OWN RISK AND THAT THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDWARRANTIES OR CONDITIONS WHATSOEVER. HANDSONCODE EXPRESSLY DISCLAIMS ANY WARRANTY, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWNON-INFRINGEMENT. LIFERAY HANDSONCODE DOES NOT WARRANT THAT (I) THE SOFTWARE AND ITS FUNCTIONALITY, RELIABILITY AND PERFORMANCE WILL MEET YOUR REQUIREMENTS, (II) LICENSEE’S REQUIREMENTS OR THAT THE USE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) . LICENSEE ASSUMES RESPONSIBILITY FOR SELECTING THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN ACHIEVE LICENSEE’S INTENDED RESULTS, AND FOR THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR USE AND THE RESULTS OBTAINED FROM THE SOFTWARE. LICENSEE UNDERSTANDS THAT THE SOFTWARE MAY PRODUCE INACCURATE OR INCOMPLETE RESULTS BECAUSE OF ERRORS WITHIN THE SOFTWARE OR FAILURES BY LICENSEE TO PROPERLY USE THE SOFTWARE. LICENSEE ASSUMES FULL RESPONSIBILITY FOR ANY USE OF THE SOFTWARE. WITHOUT LIMITING SOFTWARE AND BEARS THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL ENTIRE RISK FOR ANY SUCH USEERROR AND FAILURES.

Appears in 3 contracts

Sources: Software License Agreement, Software License Agreement, Software License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SAVE FOR THE WARRANTY IN SECTION 1.2 ABOVE, SYMANTEC EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT SYMANTEC ADDITIONALLY MAKES NO WARRANTIES THAT: (I) THE SOFTWARE SERVICES AND/OR SITE WILL MEET YOUR REQUIREMENTS, ; (II) THE USE OF THE SOFTWARE SERVICES AND/OR SITE WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE, ; (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE RESULTS THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS MAY BE OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING SERVICES AND/OR SITE WILL BE ACCURATE OR RELIABLE; (IV) THE GENERALITY QUALITY OF ANY SERVICES, SUBSCRIPTIONS, PRODUCTS, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES AND/OR SITE WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN THE SERVICES AND/OR SITE WILL BE CORRECTED; (VI) ALL VIRUSES WILL BE REMOVED THROUGH THE SERVICES; OR (VII) IN RELATION TO THE PAYMENT OF THE FOREGOING DISCLAIMERREFUND, THE TIMELINESS OF SUCH PAYMENT WILL MEET YOUR EXPECTATIONS. ANY SUPPORT SOFTWARE TOOL, MATERIALS AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE SUPPORT SOFTWARE TOOL IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY AND PROVIDED IN ACCORDANCE WITH THE SUPPORT SOFTWARE TOOL USAGE AGREEMENT. SYMANTEC DOES NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEWARRANT THIRD PARTY PRODUCTS.

Appears in 3 contracts

Sources: License Agreement, License Agreement, License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE SERVICE IS PROVIDED AND LICENSED "ON AN 'AS IS" ' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTY WARRANTIES OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SERVICE WILL BE FREE FROM DEFECTS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE VIRUSES OR THAT OPERATION OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWSERVICE WILL BE UNINTERRUPTED. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED SERVICE AND ANY MATERIAL OR ERROR FREESERVICES OBTAINED OR ACCESSED VIA THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE RESULTS OBTAINED FROM EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. (viii) Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PROVIDER BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCESERVICE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (ACONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, PROVIDER'S LIABILITY ARISING OUT OF THE PLANNINGUSE OR INABILITY TO USE THE SERVICE SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF $250. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION SO SOME OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USETHE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 3 contracts

Sources: Master Electronic Banking Service Agreement, Electronic Banking Service Agreement, Master Electronic Banking Service Agreement

DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DEVELOPER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESSED EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE NON- INFRINGEMENT OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWTHIRD PARTY RIGHTS. LIFERAY DEVELOPER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTSFUNCTIONS CONTAINED IN, (II) THE USE OF OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, (III) OR THAT DEFECTS IN THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU BE CORRECTED. NO ORAL OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONWRITTEN INFORMATION OR ADVICE GIVEN BY DEVELOPER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, SHOULD THE SOFTWARE IS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT SPECIFICALLY DESIGNEDALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT LIMITED APPLY TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEYOU.

Appears in 3 contracts

Sources: End User License Agreement, End User License Agreement, End User License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SET FORTH IN SECTIONS 7.1 — 7.3 ABOVE, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT SMARSH MAKES NO REPRESENTATION OR WARRANTY OF ANY KINDKIND IN CONNECTION WITH THE SERVICES, EITHER EXPRESSED PROFESSIONAL SERVICES OR SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY OTHER INFORMATION OR MATERIALS PROVIDED, OR MADE AVAILABLE, BY SMARSH. SMARSH HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ALL IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWNON-INFRINGEMENT. LIFERAY SMARSH DOES NOT REPRESENT OR WARRANT THAT (I) THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTSBE AVAILABLE OR ERROR-FREE. SMARSH WILL NOT BE LIABLE FOR DELAYS, (II) INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED INTERNET, ELECTRONIC COMMUNICATIONS, OR ERROR FREE, (III) OTHER SYSTEMS OUTSIDE THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU REASONABLE CONTROL OF SMARSH. SMARSH MAKES NO REPRESENTATION OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE WARRANTY THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES OR THE ADVICE, CONSULTING OR PROFESSIONAL SERVICE PROVIDED TO CLIENT GUARANTEES LEGAL COMPLIANCE UNDER ANY FEDERAL, STATE OR INTERNATIONAL STATUTE, LAW, RULE, REGULATION, OR DIRECTIVE AND SMARSH EXPRESSLY DISCLAIMS ALL LIABILITY ARISING OR RELATED TO CLIENT’S COMPLIANCE WITH ANY FEDERAL, STATE OR INTERNATIONAL STATUTE, LAW, RULE, REGULATION, OR DIRECTIVE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED DESIGNED OR INTENDED FOR USE IN (1) FACILITIES OR HAZARDOUS ENVIRONMENTS REQUIRING FAILSAFE FAIL-SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) ANY APPLICATION IN WHICH THE PLANNINGFAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, CONSTRUCTION, MAINTENANCE, CONTROLPERSONAL INJURY, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL SEVERE PHYSICAL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEPROPERTY DAMAGE.

Appears in 3 contracts

Sources: Smarsh Service Agreement, Smarsh Service Agreement, Smarsh Service Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAWS, AND EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 6 OF THE AGREEMENT (AND IN THE WARRANTY SECTIONS OF THE SOFTWARE IS PROVIDED LICENSE TERMS AND LICENSED "AS IS" WITHOUT WARRANTY THE SERVICE TERMS), INSIGHTSOFTWARE AND ITS DIRECT AND INDIRECT SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND WITH REGARDS TO THE SOFTWARE, EITHER EXPRESSED SERVICES, OR ANY OTHER MATERIALS SUPPLIED IN ACCORDANCE WITH THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY INCLUDING ANY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESOR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS WARRANTY ARISING FROM STATUTE OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON OTHERWISE IN LAW, COURSE OF DEALING, TRADE COURSE OF PERFORMANCE, OR USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWOF TRADE. LIFERAY INSIGHTSOFTWARE DOES NOT REPRESENT OR WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE CUSTOMER’S USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, (III) NOR DOES INSIGHTSOFTWARE WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL COMPLY MEET CUSTOMER’S REQUIREMENTS. INSIGHTSOFTWARE’S EXPRESS WARRANTIES SHALL NOT BE ENLARGED, DIMINISHED, OR AFFECTED BY AND NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF INSIGHTSOFTWARE’S RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU THE SOFTWARE OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESOFTWARE IN COMBINATION WITH ANY OPERATING SYSTEM NOT AUTHORIZED IN THE DOCUMENTATION OR WITH HARDWARE OR SOFTWARE SPECIFICALLY FORBIDDEN BY THE DOCUMENTATION. WITHOUT LIMITING NOTWITHSTANDING ANYTHING TO THE GENERALITY CONTRARY, ANY AND ALL WARRANTIES ANYWHERE IN THE AGREEMENT SHALL BE VOID IF CUSTOMER HAS MADE ANY UNAUTHORIZED USE OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE SERVICES. NOTHING IN (1) FACILITIES THIS SECTION 6.5 LIMITS OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEOTHERWISE MODIFIES NON-EXCLUDABLE RIGHTS CUSTOMER MAY HAVE UNDER APPLICABLE LAWS.

Appears in 3 contracts

Sources: Master Terms Agreement, Master Terms Agreement, Master Terms Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS PROVIDED IN SECTION 7.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND▇▇▇▇▇▇▇▇▇ MAKES NO WARRANTY, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY HASHICORP DOES NOT WARRANT GUARANTEE THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE SOFTWARE, SUPPORT OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE OR THAT HASHICORP WILL CORRECT ALL SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONERRORS. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM BREACH OF THE USE WARRANTIES SET FORTH IN SECTION 7.1, CUSTOMER’S EXCLUSIVE REMEDY AND HASHICORP’S ENTIRE LIABILITY FOR BREACH OF SECTION 7.1(a) OR (b) WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF HASHICORP CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CUSTOMER MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. CUSTOMER’S EXCLUSIVE REMEDY AND HASHICORP’S ENTIRE LIABILITY FOR BREACH OF SECTION 7.1(d) WILL BE TO UNDERTAKE COMMERCIALLY REASONABLE EFFORTS TO REMEDY OR SUPPLY A TEMPORARY FIX, OR MAKE AN EMERGENCY BYPASS, IF HASHICORP REPRODUCES THE PROBLEM IN A CURRENT, UNALTERED RELEASE OF THE SOFTWARE. WITHOUT LIMITING , OR IF HASHICORP CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CUSTOMER MAY TERMINATE THE GENERALITY RELEVANT LICENSE AND SUPPORT SUBSCRIPTIONS AND RECEIVE A PRO RATA REFUND OF THE FOREGOING DISCLAIMER, FEES PAID FOR THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) REMAINING SUBSCRIPTION PERIOD AS OF THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION EFFECTIVE DATE OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USETHE TERMINATION.

Appears in 2 contracts

Sources: Services Agreement, Services Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, , (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USE.

Appears in 2 contracts

Sources: End User License Agreement, End User License Agreement (Eula)

DISCLAIMER OF WARRANTY. 9.1 TO THE MAXIMUM EXTENT PERMITTED ALLOWABLE BY APPLICABLE LAW, THE SOFTWARE EXPRESS WARRANTY ABOVE EXCLUDES, AND IS PROVIDED AND LICENSED "AS IS" WITHOUT IN LIEU OF, ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY EXPRESSLY DISCLAIMED. All applicable warranties are contingent upon the proper use in the application for which the Seed was intended and does not cover Seed which has been modified in any manner (including, but not limited to, insecticide or fungicide seed treatment, in-furrow fertilizers, biologicals or micronutrient products of any kind not provided directly by or otherwise approved by Corteva) or which have been subjected to improper storage, abuse, misuse, alteration or neglect. CORTEVA DOES NOT MAKE ANY KINDREPRESENTATIONS, EITHER EXPRESSED WARRANTIES OR IMPLIEDRECOMMENDATIONS CONCERNING ANY SEED OR PRODUCT NOT COVERED BY THIS TUA (“THIRD-PARTY PRODUCT”), INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NONTHIRD-INFRINGEMENT AND FITNESS PARTY PRODUCT THAT IS LABELED FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY USE ON PIONEER BRAND SEED OR OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWCORTEVA AGRISCIENCE PRODUCTS. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) ▇▇▇▇▇▇▇ SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY FOR THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED THIRD-PARTY PRODUCT WITH PIONEER BRAND SEED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONOTHER CORTEVA AGRISCIENCE PRODUCTS. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED ALL QUESTIONS AND COMPLAINTS ARISING FROM THE USE OF THIRD-PARTY PRODUCT SHOULD BE DIRECTED TO THE SOFTWARECOMPANIES PROVIDING OR PRODUCING SUCH THIRD-PARTY PRODUCT. WITHOUT LIMITING THE GENERALITY ANY REPRESENTATION OR WARRANTY RELATED TO ANY CORTEVA PESTICIDE PRODUCT IS LIMITED SOLELY TO ANY REPRESENTATIONS OR WARRANTES MADE AS PART OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION SALE OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USECORTEVA PESTICIDE PRODUCT.

Appears in 2 contracts

Sources: Technology Use Agreement, Technology Use Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS PROVIDED IN SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND▇▇▇▇▇▇▇▇▇ MAKES NO WARRANTY, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY HASHICORP DOES NOT WARRANT GUARANTEE THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE SOFTWARE, SUPPORT OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE OR THAT HASHICORP WILL CORRECT ALL SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONERRORS. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM BREACH OF THE USE WARRANTIES SET FORTH IN SECTION 6.1, USER’S EXCLUSIVE REMEDY AND HASHICORP’S ENTIRE LIABILITY FOR BREACH OF SECTION 6.1(a) OR (b) WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF HASHICORP CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, USER MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. USER’S EXCLUSIVE REMEDY AND ▇▇▇▇▇▇▇▇▇’S ENTIRE LIABILITY FOR BREACH OF SECTION 6.1(d) WILL BE TO UNDERTAKE COMMERCIALLY REASONABLE EFFORTS TO REMEDY OR SUPPLY A TEMPORARY FIX, OR MAKE AN EMERGENCY BYPASS, IF HASHICORP REPRODUCES THE PROBLEM IN A CURRENT, UNALTERED RELEASE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIESIF HASHICORP CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE USER MAY TERMINATE THE RELEVANT LICENSE AND SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USESUBSCRIPTIONS.

Appears in 2 contracts

Sources: End User License Agreement, Services Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING THE AUSTRALIAN CONSUMER LAW), THE SERVICE IS PROVIDED “AS IS”, “WHERE IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONTRACTUAL CONDITIONS OF ANY KIND FROM SAMSUNG, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED SAMSUNG AND LICENSED "AS IS" WITHOUT WARRANTY ITS AGENTS, EMPLOYEES, LICENSORS AND SUBCONTRACTORS DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OR GUARANTEES OR OTHER TERMS OF ANY KINDKIND OR NATURE, EITHER EXPRESSED WHETHER EXPRESS OR IMPLIEDIMPLIED OR STATUTORY, INCLUDINGRELATING TO THE SERVICE, AND SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TOTO MERCHANTABILITY, THE IMPLIED WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH RELIABILITY OR AVAILABILITY, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, ANY OTHER WARRANTIESSO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, REPRESENTATIONSWHETHER ORAL OR WRITTEN, CONDITIONS AND TERMS, EXPRESS OBTAINED BY YOU FROM SAMSUNG OR IMPLIED (AND WHETHER IMPLIED ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY STATUTE, COMMON LAW, COURSE SAMSUNG OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO WARRANTY REGARDING THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROLSERVICE, OR DIRECT OPERATION TO CREATE ANY WARRANTY OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USESORT FROM SAMSUNG.

Appears in 2 contracts

Sources: Terms of Service, Terms of Service

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE IS AND ANY HARDWARE ARE PROVIDED AND LICENSED "BY RED HAT “AS IS" ” AND WITHOUT WARRANTY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLIENT’S EXCLUSIVE REMEDY, AND SUCH RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. ALL STATUTORY OR IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) WARRANTIES ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. LIFERAY DOES NOT WARRANT THAT (I) TO THE SOFTWARE WILL MEET YOUR REQUIREMENTSFULLEST EXTENT PERMITTED BY APPLICABLE LAW, (II) THE USE OF THE SOFTWARE WILL LIABILITY UNDER ANY CONDITION OR WARRANTY WHICH CANNOT LEGALLY BE UNINTERRUPTED OR ERROR FREEEXCLUDED IS LIMITED, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE DISCRETION OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERRED HAT, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO TO: (A) IN THE PLANNINGCASE OF GOODS, CONSTRUCTIONTHE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, MAINTENANCETHE REPAIR OF THE GOODS, CONTROLTHE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR DIRECT OPERATION THE PAYMENT OF NUCLEAR FACILITIES, THE COST OF HAVING THE GOODS REPAIRED; AND (B) AIRCRAFT NAVIGATIONIN THE CASE OF SERVICES, CONTROL SUPPLYING THE SERVICES AGAIN, OR COMMUNICATION SYSTEMSPAYING THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. Without limiting the generality of the foregoing disclaimer, WEAPONS SYSTEMS, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (Ca) DIRECT LIFE SUPPORT SYSTEMS OR the planning, construction, maintenance, control, or direct operation of nuclear facilities, (2b) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEaircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

Appears in 2 contracts

Sources: Enterprise Agreement, Enterprise Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 6 OF THE AGREEMENT (AND IN THE WARRANTY SECTIONS OF THE SOFTWARE LICENSE TERMS AND THE SERVICE TERMS), INSIGHTSOFTWARE AND ITS DIRECT AND INDIRECT SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARDS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSOFTWARE, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF SERVICES, OR ANY KINDOTHER MATERIALS SUPPLIED IN ACCORDANCE WITH THIS AGREEMENT, EITHER EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY INCLUDING ANY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESOR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS WARRANTY ARISING FROM STATUTE OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON OTHERWISE IN LAW, COURSE OF DEALING, TRADE COURSE OF PERFORMANCE, OR USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWOF TRADE. LIFERAY INSIGHTSOFTWARE DOES NOT REPRESENT OR WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE CUSTOMER’S USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, (III) NOR DOES INSIGHTSOFTWARE WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL COMPLY MEET CUSTOMER’S REQUIREMENTS. INSIGHTSOFTWARE’S EXPRESS WARRANTIES SHALL NOT BE ENLARGED, DIMINISHED, OR AFFECTED BY AND NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF INSIGHTSOFTWARE’S RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU THE SOFTWARE OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESOFTWARE IN COMBINATION WITH ANY OPERATING SYSTEM NOT AUTHORIZED IN THE DOCUMENTATION OR WITH HARDWARE OR SOFTWARE SPECIFICALLY FORBIDDEN BY THE DOCUMENTATION. WITHOUT LIMITING NOTWITHSTANDING ANYTHING TO THE GENERALITY CONTRARY, ANY AND ALL WARRANTIES ANYWHERE IN THE AGREEMENT SHALL BE VOID IF CUSTOMER HAS MADE ANY UNAUTHORIZED USE OF THE FOREGOING DISCLAIMERSOFTWARE OR SERVICES. For clarity, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEthe disclaimer of non-infringement warranties does not limit Customer’s rights for indemnity for infringement as set forth below.

Appears in 2 contracts

Sources: Master Terms Agreement, Master Terms Agreement

DISCLAIMER OF WARRANTY. 10.1 THE SOFTWARE, DOCUMENTATION AND ANY PROFESSIONAL SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND NEITHER COUCHBASE, ANY OF ITS AFFILIATES OR LICENSORS (COLLECTIVELY, THE “COUCHBASE PARTIES”) REPRESENT OR WARRANT THAT THE SOFTWARE, DOCUMENTATION OR PROFESSIONAL SERVICES PROVIDED HEREUNDER WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE SOFTWARE WILL OPERATE IN THE COMBINATIONS CUSTOMER MAY SELECT FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ALL SOFTWARE ERRORS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDCOUCHBASE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, WARRANTIES ARISING OUT OF COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO TRADE. THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES COUCHBASE PARTIES DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED MANUFACTURED, OR INTENDED FOR USE IN (1) FACILITIES OR HAZARDOUS ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCEFAIL-SAFE PERFORMANCE WHERE THE FAILURE OF THE PRODUCT COULD LEAD TO DEATH, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROLPERSONAL INJURY, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL SIGNIFICANT PHYSICAL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEENVIRONMENTAL DAMAGE.

Appears in 2 contracts

Sources: Enterprise Subscription License Agreement, Enterprise Subscription License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF NEITHER PARTY MAKES, NOR EACH PARTY HEREBY SPECIFICALLY DISCLAIMS, ANY KINDOTHER REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE INCLUDING ANY IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN PARTICULAR, PARTICIPANT ACKNOWLEDGES AND AGREES THAT INDISOFT MAKES NO WARRANTIES AS TO THE NUMBER OF FORECLOSURE ALTERNATIVE APPLICATIONS THAT MAY BE MADE AVAILABLE UNDER THIS AGREEMENT OR AS TO THE RESULTS THAT MAY BE OBTAINED AS A CONSEQUENCE OF ANY FORECLOSURE ALTERNATIVE APPLICATION OR FROM UTILIZATION OF THE SYSTEM OR INDISOFT MATERIALS. THE SYSTEM, INDISOFT DATA, AND SUCH IMPLIED WARRANTIESINDISOFT MATERIALS ARE PROVIDED ON AN "AS-IS" AND "AS- AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND AND SHALL NOT CONSTITUTE COMPLIANCE WITH ANY LAW OR BY ITSELF (IN THE FORM PROVIDED BY INDISOFT) SERVE AS THE SOLE BASIS FROM WHICH TO MAKE A DECISION CONCERNING RATES, FEES, MORTGAGES, OR LOAN MODIFICATIONS OR OTHER FORECLOSURE ALTERNATIVE APPLICATION. IN ADDITION, INDISOFT SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS REPRESENTATION OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE WARRANTY THAT ITS SERVICES OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE DATA WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU FREE OF VIRUSES OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONOTHER HARMFUL PROGRAMMING, OR AVAILABLE ON AN UNINTERRUPTED BASIS. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE ANY USE BY PARTICIPANT OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERSYSTEM, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROLINDISOFT DATA, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE INDISOFT MATERIALS IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEAT PARTICIPANT'S OWN RISK.

Appears in 2 contracts

Sources: Counselor and Authorized Third Party Participation Agreement, Limited License Agreement

DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ZONE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESSED EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE NON-INFRINGEMENT OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWTHIRD PARTY RIGHTS. LIFERAY ZONE DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THAT THE USE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, (III) OR THAT DEFECTS IN THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONBE CORRECTED. YOU AGREE THAT YOU ARE SOLELY ZONE IS NOT RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE ANY BILLING ERRORS OR OTHER MATHEMATICAL ERRORS THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ZONE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. ZONE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED OBLIGATED TO (A) PROVIDE ANY UPDATES TO THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USESOFTWARE.

Appears in 2 contracts

Sources: End User License Agreement (Eula), End User License Agreement

DISCLAIMER OF WARRANTY. THE LIMITED WARRANTIES IN THIS SECTION 7 ARE MADE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLICENSEE EXCLUSIVELY AND ARE IN LIEU OF ALL OTHER WARRANTIES. SPŌK MAKES NO OTHER WARRANTIES WHATSOEVER, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDINGWITH REGARD TO THE SOFTWARE, BUT NOT LIMITED TODOCUMENTATION, THE IMPLIED WARRANTY HARDWARE, SUPPORT, MAINTENANCE, AND SERVICES, IN WHOLE OR IN PART, OR ANY OTHER MATTER UNDER THIS AGREEMENT. SPŌK EXPLICITLY DISCLAIMS ALL WARRANTIES OF QUALITYNON-INFRINGEMENT, MERCHANTABILITY, TITLEACCURACY, NON-INFRINGEMENT SYSTEM INTEGRATION AND OF FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY SPŌK EXPRESSLY DOES NOT WARRANT THAT (I) THE SOFTWARE, IN WHOLE OR IN PART, WILL BE ERROR FREE. FURTHER, SPŌK EXPRESSLY DOES NOT WARRANT THAT PRODUCTS OR ANY SUPPORT WILL BE USABLE BY LICENSEE IF THE PRODUCT HAS BEEN MODIFIED BY ANYONE OTHER THAN SPŌK, OR WILL OPERATE WITHOUT INTERRUPTION, OR WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE OTHER THAN IDENTIFIED IN THE DOCUMENTATION. SPŌK DOES NOT WARRANT THAT THE SOFTWARE, SUPPORT, HARDWARE OR SERVICES ARE FREE OF NONMATERIAL DEFECTS OR THAT THEY WILL MEET YOUR REQUIREMENTS, (II) THE USE SPECIFIC REQUIREMENTS OR NEEDS OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USELICENSEE’S BUSINESS.

Appears in 2 contracts

Sources: Customer Agreement, Customer Agreement

DISCLAIMER OF WARRANTY. 5.1 THE SOLUTION IS PROVIDED “AS IS”, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDCOMPANY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, SECURITY AND NON-INFRINGEMENT. THE PLANNINGENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOLUTION REMAINS WITH YOU. 5.2 COMPANY DOES NOT WARRANT THAT THE SOLUTION WILL BE UNINTERRUPTED OR ERROR- FREE; OR THAT ERRORS/BUGS ARE REPRODUCIBLE OR THAT ERRORS/BUGS ARE REPAIRABLE AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOLUTION IN TERMS OF THEIR CORRECTNESS, CONSTRUCTIONUSEFULNESS, MAINTENANCEACCURACY, CONTROLRELIABILITY, OR DIRECT OPERATION OTHERWISE. YOU SHALL BE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE ARE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL ANY USE OF OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES RELIANCE UPON THE SOLUTION AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR VERIFYING ANY SUCH USEOUTPUT RESULTING FROM USE OF THE SOLUTION.

Appears in 2 contracts

Sources: End User License Agreement, Privacy Policy

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE WARRANTY SET FORTH IN PARAGRAPHS 8.1 AND 8.2 IS PROVIDED A LIMITED WARRANTY AND LICENSED "AS IS" WITHOUT WARRANTY IS IN LIEU OF ANY KIND, EITHER EXPRESSED ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY QSSI DOES NOT WARRANT THAT (I) THE SOFTWARE SYSTEM WILL MEET YOUR CLIENT'S FUTURE OR UNDISCLOSED REQUIREMENTS. 9. LIMITATION OF LIABILITY 9.1 NEITHER PARTY SHALL HAVE ANY LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, (II) THE USE EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE SOFTWARE WILL POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF QSSI TO CLIENT FOR ANY REASON AND UPON ANY CAUSE OF ACTION OR CLAIM SHALL BE UNINTERRUPTED LIMITED TO THE AMOUNT PAID TO QSSI BY CLIENT HEREUNDER WITH RESPECT TO THE PHASE WHICH IS THE SUBJECT OF THE ACTION OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE CLAIM. THIS LIMITATION APPLIES TO YOU ALL CAUSES OF ACTION OR APPEAR PRECISELY AS DESCRIBED CLAIMS IN THE ACCOMPANYING DOCUMENTATIONAGGREGATE, INCLUDING WITHOUT LIMITATION TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, CLAIMS FOR FAILURE TO EXERCISE DUE CARE IN THE PERFORMANCE OF QSSI SERVICES HEREUNDER AND OTHER TORTS. YOU BOTH PARTIES UNDERSTAND AND AGREE THAT YOU THE REMEDIES, EXCLUSIONS AND LIMITATIONS HEREIN ALLOCATE THE RISKS OF PRODUCT AND SERVICE NONCONFORMITY BETWEEN THE PARTIES AS AUTHORIZED BY THE UNIFORM COMMERCIAL CODE AND/OR OTHER APPLICABLE LAWS. THE FEES HEREIN REFLECT, AND ARE SOLELY RESPONSIBLE FOR SET IN RELIANCE UPON, THIS ALLOCATION OF RISK AND THE RESULTS OBTAINED FROM THE USE EXCLUSION OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY CONSEQUENTIAL DAMAGES AND LIMITATIONS OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE LIABILITY SET FORTH IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USETHIS AGREEMENT.

Appears in 2 contracts

Sources: License and Integration Agreement (Pets Com Inc), License and Integration Agreement (Pets Com Inc)

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND SOFTWARE IS AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR SOFTWARE WILL HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SERVICES AND SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND SOFTWARE IS ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, , (C) DIRECT LIFE SUPPORT SYSTEMS OR (2II) SIMILAR ULTRA- ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE THE CUSTOMER IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ASSUMES ALL RISK FOR ANY SUCH USE.

Appears in 2 contracts

Sources: Enterprise Services Agreement, Enterprise Services Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THE AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THE AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THE AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, , (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, , (C) DIRECT LIFE SUPPORT SYSTEMS OR (2II) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE THE CUSTOMER IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ASSUMES ALL RISK FOR ANY SUCH USE.

Appears in 2 contracts

Sources: Enterprise Services Agreement, Enterprise Services Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES HAZARDOUS OR CRITICAL ENVIRONMENTS OR IN ACTIVITIES REQUIRING FAILSAFE PERFORMANCEEMERGENCY OR FAIL-SAFE OPERATION, INCLUDING BUT NOT LIMITED SUCH AS APPLICATIONS TO (A) SUPPORT OR SUSTAIN LIFE, THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL NAVIGATION OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR IN ANY OTHER APPLICATIONS OR ACTIVITIES IN * * * Indicates that confidential treatment has been sought for this information. 93 WHICH FAILURE OF THE SOFTWARE MAY POSE THE RISK OF ENVIRONMENTAL HARM OR PHYSICAL INJURY OR DEATH (2) SIMILAR ULTRA- HAZARDOUS “DANGEROUS APPLICATIONS”). BLUEARC SPECIFICALLY DISCLAIMS ANY EXPRESS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK IMPLIED WARRANTY OF FITNESS FOR ANY DANGEROUS APPLICATION, AND ANY SUCH USEUSE SHALL BE AT CUSTOMER’S SOLE RISK. THIS WARRANTY DOES NOT COVER ANY DAMAGE TO THE SOFTWARE WHICH RESULTS FROM ACCIDENT, ABUSE, MISUSE, THIRD PARTY PRODUCTS, NATURAL OR PERSONAL DISASTER, OR ANY UNAUTHORIZED DISASSEMBLY, REPAIR OR MODIFICATION OR ANY FAILURE TO MAINTAIN AND USE THE SOFTWARE IN A MANNER CONSISTENT WITH ITS PURPOSE AND THE DOCUMENTATION AND INSTRUCTIONS FROM BLUEARC. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS. THIS WARRANTY SETS FORTH THE ENTIRE LIABILITY AND OBLIGATION OF BLUEARC AND ITS SUPPLIERS WITH RESPECT TO BREACH OF WARRANTY, AND THE WARRANTIES SET FORTH OR LIMITED HEREIN ARE THE SOLE AND EXCLUSIVE WARRANTIES AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF NONINFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE AND MERCHANTABILITY. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE SOFTWARE WARRANTY PERIOD.

Appears in 2 contracts

Sources: Master Distribution Agreement (Bluearc Corp), Master Distribution Agreement (Bluearc Corp)

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SET FORTH ABOVE, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT SMARSH MAKES NO REPRESENTATION OR WARRANTY OF ANY KINDKIND IN CONNECTION WITH THE SERVICES, EITHER EXPRESSED PROFESSIONAL SERVICES OR SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS PROVIDED OR MADE AVAILABLE BY SMARSH. SMARSH HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ALL IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWNON-INFRINGEMENT. LIFERAY SMARSH DOES NOT REPRESENT OR WARRANT THAT (I) THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTSBE AVAILABLE OR ERROR-FREE. SMARSH WILL NOT BE LIABLE FOR DELAYS, (II) INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED INTERNET, ELECTRONIC COMMUNICATIONS, OR ERROR FREE, (III) OTHER SYSTEMS OUTSIDE THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU REASONABLE CONTROL OF SMARSH. SMARSH MAKES NO REPRESENTATION OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE WARRANTY THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES OR THE ADVICE, CONSULTING OR PROFESSIONAL SERVICE PROVIDED TO CLIENT GUARANTEES LEGAL COMPLIANCE UNDER ANY FEDERAL, STATE OR INTERNATIONAL STATUTE, LAW, RULE, REGULATION, OR DIRECTIVE, AND SMARSH EXPRESSLY DISCLAIMS ALL LIABILITY ARISING OR RELATED TO CLIENT’S COMPLIANCE WITH ANY FEDERAL, STATE OR INTERNATIONAL STATUTE, LAW, RULE, REGULATION, OR DIRECTIVE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED DESIGNED OR INTENDED FOR USE IN (1) FACILITIES OR HAZARDOUS ENVIRONMENTS REQUIRING FAILSAFE FAIL- SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) ANY APPLICATION IN WHICH THE PLANNINGFAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, CONSTRUCTION, MAINTENANCE, CONTROLPERSONAL INJURY, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL SEVERE PHYSICAL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEPROPERTY DAMAGE.

Appears in 2 contracts

Sources: Software Agreement, Software Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWExcept for the express warranties, representations or covenants set forth in this Agreement, nothing in this Agreement shall be construed as a representation or warranty by either Party (i) that any Licensed Product made, used, sold or otherwise disposed of under this Agreement is or will be free from infringement of patents, copyrights, trademarks or other intellectual property rights of any Third Party; (i) regarding the effectiveness, value, safety, or non-toxicity of any technology; or (ii) that any Product will obtain Regulatory Approval or achieve success or achieve any milestone events specified in this Agreement. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SOFTWARE LICENSED TECHNOLOGY IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY ” AND: 7.3.1 EXCEPT AS OTHERWISE AGREED OR WARRANTED OR COVENANTED IN THIS AGREEMENT, BOTH PARTIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, CONCERNING THE VALIDITY, ENFORCEABILITY, PATENTABILITY, AND SCOPE OF THE LICENSED PATENTS, THE ACCURACY, COMPLETENESS, SAFETY, USEFULNESS FOR ANY KINDPURPOSE, EITHER EXPRESSED OR LIKELIHOOD OF SUCCESS (COMMERCIAL, REGULATORY OR OTHER) OF THE PRODUCTS, KNOW-HOW, AND ANY OTHER TECHNICAL INFORMATION, TECHNIQUES, MATERIALS, METHODS, PRODUCTS, PROCESSES, OR PRACTICES AT ANY TIME MADE AVAILABLE BY SUCH PARTY INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE; AND 7.3.2 EXCEPT AS OTHERWISE AGREED OR WARRANTED OR COVENANTED IN THIS AGREEMENT, NEITHER PARTY MAKES, AND EACH PARTY EXPRESSLY DISCLAIMS, WAIVES, RELEASES AND RENOUNCES, ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE ANY IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, AND SUCH IMPLIED WARRANTIES, ALL WARRANTIES ARISING FROM ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE DEALING OR PERFORMANCE OR USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USETRADE.

Appears in 2 contracts

Sources: License Agreement (Oncorus, Inc.), License Agreement (Oncorus, Inc.)

DISCLAIMER OF WARRANTY. TO EXCEPT FOR THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLIMITED WARRANTY SET FORTH IN SECTION 5, THE SOFTWARE IS LICENSED PRODUCTS ARE PROVIDED AND LICENSED "AS TO LICENSEE “AS-IS" WITHOUT WARRANTY OF ANY KIND. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS, EITHER EXPRESSED THAT OPERATION WILL BE UNINTERRUPTED, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE, OR WORK IN COMBINATION WITH ANY OTHER SOFTWARE, APPLICATIONS, OR SYSTEMS, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. EXCEPT AS SET FORTH HEREIN AND TO THE EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES WITH RESPECT TO THE LICENSED PRODUCTS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED EXPRESSLY DISCLAIMED BY LAWLICENSOR AND ITS THIRD-PARTY SUPPLIERS AND AFFILIATES. LIFERAY DOES NOT WARRANT LICENSEE ACKNOWLEDGES THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY LICENSEE IS RESPONSIBLE FOR THE SELECTION OF THE LICENSED SOFTWARE TO ACHIEVE LICENSEE’S INTENDED RESULTS AND FOR THE INSTALLATION AND/OR USE OF, AND RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERFROM, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USELICENSED SOFTWARE.

Appears in 2 contracts

Sources: End User License Agreement, End User License Agreement

DISCLAIMER OF WARRANTY. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES APPLICABLE TO THE PRODUCT(S) AND/OR SERVICES SET FORTH IN SECTION 9, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND(A) THERE ARE NO WARRANTIES, EITHER EXPRESSED EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE UNDER THIS AGREEMENT, AND (B) ▇▇▇▇ DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE AND SUCH NONINFRINGEMENT FOR ALL HARDWARE, SOFTWARE, AND SERVICES. CUSTOMER IS SOLELY RESPONSIBLE FOR ASSURING AND MAINTAINING THE BACKUP OF ALL CUSTOMER DATA. UNDER NO CIRCUMSTANCES ▇▇▇▇ ▇▇▇▇ BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR THE LOSS OF OR DAMAGE TO CUSTOMER DATA THE EXPRESS LIMITED WARRANTIES REFERENED ABOVE EXTEND SOLELY TO CUSTOMER AND DO NOT INCLUDE ANY TYPE OF ROUTINE MAINTECNANCE SERVICE OR PREVENTATIVE MAINTENANCE SERVICE. SOME STATES (OR JURISDICTIONS) DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO SO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES ABOVE LIMITATION MAY NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEAPPLY.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS SECTION 4, THE SOFTWARE IS PROVIDED BY ENGHOUSE AND LICENSED ACCEPTED BY THE CUSTOMER "AS IS" WITHOUT AND ENGHOUSE GIVES TO THE CUSTOMER NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO SOFTWARE OR THE PERFORMANCE OR RESULTS OF USE THEREOF. WITHOUT LIMITING THE FOREGOING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY ENGHOUSE DOES NOT WARRANT THAT (I) THE SOFTWARE OR THE OPERATION THEREOF IS OR WILL BE ERROR-FREE OR UNINTERRUPTED OR MEETS OR WILL MEET YOUR THE CUSTOMER'S REQUIREMENTS, AND ENGHOUSE GIVES NO IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WITH REGARD TO MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE AND WHETHER ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. ENGHOUSE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS TO THE ADEQUACY OR SUFFICIENCY IN COMPLYING WITH THE TELEPHONE CONSUMER PROTECTION ACT (II) “TCPA”), ANY DECISIONS, DIRECTIONS OR GUIDANCE GIVEN BY OFCOM OR ANY COMMUNICATIONS REGULATORY AUTHORITY IN ANY OTHER APPLICABLE JURISDICTION. THE USE OF CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S EXCLUSIVE LIABILITY TO COMPLY WITH ANY REGULATORY AUTHORITY AND ALL APPLICABLE COMMUNICATIONS LAWS INCLUDING OUTBOUND COMMUNICATIONS AND DO-NOT- CONTACT OBLIGATIONS. IF CUSTOMER PURCHASES OUTBOUND DIALLER SOFTWARE OR SERVICES, THE SOFTWARE WILL PARTIES ACKNOWLEDGE THAT CELL PHONE DATA CONSTANTLY CHANGES AND AS A RESULT MAY NOT BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USE.

Appears in 2 contracts

Sources: End User License Agreement (Eula), End User License Agreement (Eula)

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 6 OF THE AGREEMENT (AND IN THE WARRANTY SECTIONS OF THE SOFTWARE LICENSE TERMS AND THE SERVICE TERMS), AND TO THE MAXIMUM EXTENT FULLY PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED INSIGHTSOFTWARE AND LICENSED "AS IS" WITHOUT WARRANTY ITS DIRECT AND INDIRECT SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND WITH REGARDS TO THE SOFTWARE, EITHER EXPRESSED SERVICES, OR ANY OTHER MATERIALS SUPPLIED IN ACCORDANCE WITH THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY INCLUDING ANY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESOR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS WARRANTY ARISING FROM STATUTE OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON OTHERWISE IN LAW, COURSE OF DEALING, TRADE COURSE OF PERFORMANCE, OR USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWOF TRADE. LIFERAY INSIGHTSOFTWARE DOES NOT REPRESENT OR WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE CUSTOMER’S USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, (III) NOR DOES INSIGHTSOFTWARE WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL COMPLY MEET CUSTOMER’S REQUIREMENTS. INSIGHTSOFTWARE’S EXPRESS WARRANTIES SHALL NOT BE ENLARGED, DIMINISHED, OR AFFECTED BY AND NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF INSIGHTSOFTWARE’S RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU THE SOFTWARE OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESOFTWARE IN COMBINATION WITH ANY OPERATING SYSTEM NOT AUTHORIZED IN THE DOCUMENTATION OR WITH HARDWARE OR SOFTWARE SPECIFICALLY FORBIDDEN BY THE DOCUMENTATION. WITHOUT LIMITING NOTWITHSTANDING ANYTHING TO THE GENERALITY CONTRARY, ANY AND ALL WARRANTIES ANYWHERE IN THE AGREEMENT SHALL BE VOID IF CUSTOMER HAS MADE ANY UNAUTHORIZED USE OF THE FOREGOING DISCLAIMERSOFTWARE OR SERVICES. For clarity, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEthe disclaimer of non-infringement warranties does not limit Customer’s rights for indemnity for infringement as set forth below.

Appears in 2 contracts

Sources: Master Terms Agreement, Master Terms Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, THE SOFTWARE IS PROVIDED ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY OR CONDITION OF QUALITYTITLE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON- INFRINGEMENT, ANY OTHER WARRANTIESSATISFACTORY QUALITY, REPRESENTATIONSNON-INTERFERENCE, CONDITIONS AND TERMSACCURACY OF INFORMATIONAL CONTENT, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE USAGE OR OTHERWISE) PRACTICE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED ALLOWED BY LAWAPPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY LICENSOR, ITS SUPPLIERS AND LICENSORS. LIFERAY DOES TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNEDAPPLY. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED AND LICENSEE MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO (A) JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEEXPRESS WARRANTY SET FORTH ABOVE FAILS ITS ESSENTIAL PURPOSE.

Appears in 2 contracts

Sources: Software License Agreement, Software License Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ,” AND MALWAREBYTES DISCLAIMS ANY KINDAND ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SOFTWARE AND ANY SERVICES PROVIDED BY MALWAREBYTES, EITHER EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE ANY IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, WARRANTIES ARISING OUT OF COURSE OF DEALINGDEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, TRADE USAGE WHETHER ORAL OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTSWRITTEN, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE MALWAREBYTES OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. MALWAREBYTES DISCLAIMS ALL WARRANTIES OF ANY KIND, INDEMNITIES, OBLIGATIONS, AND OTHER LIABILITIES IN CONNECTION WITH ANY INTEGRATION WITH THE SOFTWARE. WITHOUT LIMITING THE GENERALITY ANY OTHER PROVISION OF THE FOREGOING DISCLAIMERTHIS SECTION 9, THE SOFTWARE IS MALWAREBYTES DOES NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO WARRANT THAT: (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, SOFTWARE WILL OPERATE IN AN ERROR-FREE AND/OR DIRECT OPERATION OF NUCLEAR FACILITIES, UNINTERRUPTED MANNER; AND/OR (B) AIRCRAFT NAVIGATION, CONTROL THE SOFTWARE WILL ELIMINATE OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS MITIGATE ANY PARTICULAR MALWARE. MSP WILL MAKE NO WARRANTIES OR (2) SIMILAR ULTRA- HAZARDOUS REPRESENTATIONS IN MALWAREBYTES' NAME OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEON MALWAREBYTES' BEHALF.

Appears in 2 contracts

Sources: Managed Services Provider Agreement, Managed Services Provider Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 6 OF THE AGREEMENT (AND IN THE WARRANTY SECTIONS OF THE SOFTWARE LICENSE TERMS AND THE SERVICE TERMS), INSIGHTSOFTWARE AND ITS DIRECT AND INDIRECT SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARDS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSOFTWARE, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF SERVICES, OR ANY KINDOTHER MATERIALS SUPPLIED IN ACCORDANCE WITH THIS AGREEMENT, EITHER EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY INCLUDING ANY WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESOR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS WARRANTY ARISING FROM STATUTE OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON OTHERWISE IN LAW, COURSE OF DEALING, TRADE COURSE OF PERFORMANCE, OR USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWOF TRADE. LIFERAY INSIGHTSOFTWARE DOES NOT REPRESENT OR WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE CUSTOMER’S USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, (III) NOR DOES INSIGHTSOFTWARE WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL COMPLY MEET CUSTOMER’S REQUIREMENTS. INSIGHTSOFTWARE’S EXPRESS WARRANTIES SHALL NOT BE ENLARGED, DIMINISHED, OR AFFECTED BY AND NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF INSIGHTSOFTWARE’S RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU THE SOFTWARE OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESOFTWARE IN COMBINATION WITH ANY OPERATING SYSTEM NOT AUTHORIZED IN THE DOCUMENTATION OR WITH HARDWARE OR SOFTWARE SPECIFICALLY FORBIDDEN BY THE DOCUMENTATION. WITHOUT LIMITING NOTWITHSTANDING ANYTHING TO THE GENERALITY CONTRARY, ANY AND ALL WARRANTIES ANYWHERE IN THE AGREEMENT SHALL BE VOID IF CUSTOMER HAS MADE ANY UNAUTHORIZED USE OF THE FOREGOING DISCLAIMERSOFTWARE OR SERVICES. For clarity, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEthe disclaimer of non-infringement warranties does not limit Customer’s rights for indemnity for infringement as set forth below.

Appears in 2 contracts

Sources: Master Terms Agreement, Master Terms Agreement

DISCLAIMER OF WARRANTY. TO EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR IN THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONVEYANCES, THE SOFTWARE IS PROVIDED SELLERS EXPRESSLY DISCLAIM AND LICENSED "AS IS" WITHOUT WARRANTY OF NEGATE ANY KINDREPRESENTATION, EITHER EXPRESSED COVENANT OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, AT COMMON LAW, COURSE OF DEALING, TRADE USAGE BY STATUTE OR OTHERWISE) ARE HEREBY EXCLUDED , RELATING TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE CONDITION OF THE SOFTWARE WILL BE UNINTERRUPTED ASSETS AND ANY PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS OF MOVABLE PROPERTY COMPRISING ANY PART OF THE ASSETS INCLUDING (i) ANY IMPLIED OR ERROR FREEEXPRESS WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS; (iii) ANY RIGHTS OF BUYER UNDER APPLICABLE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE PURCHASE PRICE; (iv) ANY CLAIM BY BUYER FOR DAMAGES BECAUSE OF DEFECTS OR OTHER VICES, WHETHER KNOWN OR UNKNOWN; (IIIv) ANY IMPLIED OR EXPRESS WARRANTY OF FREEDOM FROM PATENT OR TRADEMARK INFRINGEMENT OR INFRINGEMENT OF ANY OTHER INTELLECTUAL PROPERTY RIGHT; (vi) ANY IMPLIED OR EXPRESS WARRANTY REGARDING ENVIRONMENTAL LAWS, THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE RELEASE OF MATERIALS INTO THE ENVIRONMENT INCLUDING, WITHOUT LIMITATION, NATURALLY OCCURRING RADIOACTIVE MATERIAL OR ASBESTOS, OR PROTECTION OF THE ENVIRONMENT OR HEALTH; OR (vii) ANY IMPLIED OR EXPRESS WARRANTY REGARDING TITLE TO YOU ANY OF THE ASSETS. IT IS THE EXPRESS INTENTION OF BUYER AND SELLERS THAT, EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR CONVEYANCES, THE RESULTS OBTAINED FROM PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS AND THE USE CONDITION OF THE SOFTWAREASSETS ARE BEING CONVEYED TO BUYER “AS IS, WHERE IS,” WITH ALL FAULTS, AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR. WITHOUT LIMITING BUYER REPRESENTS TO SELLERS THAT AS OF CLOSING BUYER WILL HAVE BEEN GIVEN THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OPPORTUNITY TO MAKE OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED CAUSE TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY BE MADE SUCH USEINSPECTIONS AS BUYER DEEMS APPROPRIATE.

Appears in 2 contracts

Sources: Purchase and Sale Agreement (Dynamic Offshore Resources, Inc.), Purchase and Sale Agreement (Dynamic Offshore Resources, Inc.)

DISCLAIMER OF WARRANTY. (a) NEITHER ACTIVESTATE NOR ANY OF ITS SUPPLIERS, LICENSORS, OR RESELLERS MAKES ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, ACTIVESTATE AND ITS SUPPLIERS, LICENSORS, AND RESELLERS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDSOFTWARE, EITHER EXPRESSED EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED ANY WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND INFRINGEMENT, MERCHANTABILITY, DURABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, UPDATES, UPGRADES, SUPPLEMENTS, PRODUCTS, APPLIANCES, SYSTEM INTEGRATION, DATA ACCURACY AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS ITEMS PROVIDED HEREUNDER. ACTIVESTATE MAKES NO WARRANTY OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO GUARANTEE THAT THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR UNINTERRUPTED, ERROR-FREE, (III) OR VIRUS-FREE, OR THAT THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU MEET ANY PARTICULAR CRITERIA OF PERFORMANCE, QUALITY, ACCURACY, PURPOSE, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONNEED. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ASSUME THE RESULTS OBTAINED FROM THE ENTIRE RISK OF SELECTION, INSTALLATION, AND USE OF THE SOFTWARE. WITHOUT LIMITING THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. (b) TO THE GENERALITY EXTENT ANY IMPLIED WARRANTIES CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. (c) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, AND SO SOME OR ALL OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS SET OUT IN THIS SECTION MAY NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED APPLY TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEYOU.

Appears in 2 contracts

Sources: Community Edition License Agreement, Community Edition License Agreement

DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED TO LICENSEE AS IS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COGNEX DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDSOFTWARE, EITHER EXPRESSED WHETHER EXPRESSED, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY WARRANTIES AND/OR CONDITIONS OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, AND SUCH IMPLIED WARRANTIESOF SATISFACTORY QUALITY, ANY OTHER WARRANTIESOF ACCURACY, REPRESENTATIONSOF QUIET ENJOYMENT, CONDITIONS AND TERMSOF RELIABILITY, EXPRESS OF COMPLETENESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, LACK OF VIRUSES; WARRANTIES ARISING FROM A COURSE OF DEALING, DEALING OR USAGE OF TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWAND ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LIFERAY COGNEX DOES NOT WARRANT AGAINST INTERFERENCE WITH LICENSEE’S ENJOYMENT OF THE SOFTWARE, THAT (I) THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR LICENSEE’S REQUIREMENTS, (II) THAT THE USE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, (III) OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONBE CORRECTED. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE LICENSEE, ITS ORGANIZATION, AND ALL USERS OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USERISKS WHEN USING THE SOFTWARE.

Appears in 2 contracts

Sources: Software License Agreement, Software License Agreement

DISCLAIMER OF WARRANTY. THIS AGREEMENT IS MADE WITHOUT ANY WARRANTY OF TITLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLEASE(S). CHEVRON DOES NOT WARRANT EITHER EXPRESS, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED STATUTORY OR IMPLIED, AS TO TITLE, MERCHANTABILITY, CONDITION, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO THE CHEVRON LEASE(S), AND ALL OTHER PROPERTY COVERED BY THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TOTO THE WELL BORES, EQUIPMENT AND FACILITIES UTILIZED BY THE PARTIES HEREUNDER, OR ANY OTHER SORT OF WARRANTY AND IS WITHOUT RECOURSE AGAINST CHEVRON WHATSOEVER, EVEN AS TO THE RETURN OF CONSIDERATION. CHEVRON MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING COMPANY'S RIGHT OF INGRESS TO AND EGRESS FROM THE CHEVRON LEASE(S) ACROSS ADJACENT OR ADJOINING LANDS. CHEVRON SPECIFICALLY DISCLAIMS, AND COMPANY EXPRESSLY WAIVES THE IMPLIED WARRANTY OF QUALITYTITLE NOTED IN LA. R. S. 31:120 WITH RESPECT TO THE CHEVRON LEASE(S). COMPANY ACKNOWLEDGES THAT THIS EXPRESS WAIVER WILL BE CONSIDERED A MATERIAL AND INTEGRAL PART OF THIS AGREEMENT AND PART OF THE CONSIDERATION GIVEN THEREFOR. COMPANY FURTHER ACKNOWLEDGES THAT THIS WAIVER HAS BEEN SPECIFICALLY BROUGHT TO COMPANY'S ATTENTION AND THAT COMPANY HAS VOLUNTARILY AND KNOWINGLY CONSENTED TO THIS WAIVER. THE PARTIES AGREE TH, MERCHANTABILITY, FOR THE PURPOSES OF THIS WAIVER OF THE IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT CHEVRON AT THEIR AFFILIATES WILL BE CONSIDERED AS THE SELLER HEREUNDER AND FITNESS FOR COMPAI EXPRESSLY WAIVES ALL RIGHTS OF SUBROGATION IN WARRANTY OF THE SELLER AGAIN OTHER PERSONS GRANTED TO A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BUYER BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWLOUISIANA CIVIL CODE ARTICLE 2503. LIFERAY DOES NOT WARRANT COMPANY ACKNOWLEDGES THAT (Ii) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IT IS A SOPHISTICATED INVESTOR AND OPERATOR IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE OIL AND GAS BUSINESS; (ii) IT UNDERSTANDS THE RISKS INVOLVED IN OIL AND GAS EXPLORATION AND DEVELOPMENT; AND (iii) IT UNDERSTANDS THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE ITS PARTICIPATION THIS AGREEMENT IS A HGHLY RISKY UNDERTAKING AND THAT COMPANY MIGHT NOT RECOVER ANY OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEITS INVESTMENT MADE HEREUNDER.

Appears in 2 contracts

Sources: Exploration Participation Agreement (Ridgewood Energy P Fund LLC), Exploration Participation Agreement (Ridgewood Energy U Fund LLC)

DISCLAIMER OF WARRANTY. CONCUR PROVIDES THE PLATINUM MEMBERSHIP LEVEL OF THE PROGRAM, INCLUDING BUT NOT LIMITED TO THE CONCUR MARKS, LICENSED MATERIALS, ANY OTHER APPLICABLE CONCUR PROPERTY, AND ANY PROGRAM PORTAL THAT MAY EXIST AS OF THE EFFECTIVE DATE OR IN THE FUTURE, "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONCUR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TOCONCUR SERVICE, THE PROGRAM, THE CONCUR PROGRAM PORTAL (IF ANY), AND ALL OTHER APPLICABLE CONCUR PROPERTY, WHETHER EXPRESS, IMPLIED WARRANTY OF QUALITYOR STATUTORY, ORAL OR IN WRITING, ARISING UNDER ANY LAW, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS WITH RESPECT TO VALIDITY, NON-INTERRUPTION, ERROR-FREE OPERATION, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON-INFRINGEMENT, ANY OTHER WARRANTIESSATISFACTORY QUALITY, REPRESENTATIONSFUNCTIONALITY, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNINGACCURACY, CONSTRUCTION, MAINTENANCE, CONTROLBENEFITS, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR AVAILABILITY AND (2) SIMILAR ULTRA- HAZARDOUS WARRANTIES OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE . IN NO EVENT WILL CONCUR BE LIABLE TO PLATINUM ADVISOR OR TO ANY OTHER INDIVIDUAL OR ENTITY AFILIATED WITH PLATINUM ADVISOR FOR ANY SUCH USECLAIM, LOSS OR DAMAGE ARISING OUT OF THE OPERATION OR AVAILABILITY OF THE CONCUR SERVICE, THE PROGRAM, THE CONCUR PROGRAM PORTAL (IF ANY), OR OTHER APPLICABLE CONCUR PROPERTY.

Appears in 2 contracts

Sources: Platinum Membership Agreement, Platinum Membership Terms and Conditions

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ---------------------- PARAGRAPH (4)(a), THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF NEITHER LICENSOR NOR LICENSOR'S SUPPLIERS MAKES ANY KINDWARRANTY, EITHER EXPRESSED OR IMPLIED, CONCERNING THE SOFTWARE, OR OTHERWISE IN CONNECTION WITH THIS CUSTOMER AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE ANY IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SUCH PURPOSE OR ANY IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAWWARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING, TRADE USAGE DEALING OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE COURSE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWAREPERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERFOREGOING, NEITHER LICENSOR NOR LICENSOR'S SUPPLIERS WARRANTS THAT THE SOFTWARE WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THEY WILL BE ACCURATE OR ERROR-FREE. CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE RESULTS, PERFORMANCE OR USE OF THE SOFTWARE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, LICENSOR AND LICENSOR'S SUPPLIERS SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR DAMAGES RESULTING FROM THE USE OF, OR ANY ERROR OR OMISSION IN, THE SOFTWARE IS OR ANY ACTION TAKEN OR NOT SPECIFICALLY DESIGNEDTAKEN BASED ON THE SOFTWARE OR OTHERWISE FROM ANY CAUSE WHATSOEVER, MANUFACTURED AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR INTENDED IN TORT (INCLUDING NEGLIGENCE). IN NO EVENT SHALL LICENSOR OR LICENSOR'S SUPPLIERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR USE IN (1) FACILITIES ANY LOSS OF BUSINESS OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCEOTHER CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO (A) THE PLANNINGPUNITIVE, CONSTRUCTION, MAINTENANCE, CONTROLINCIDENTAL, OR DIRECT OPERATION INDIRECT DAMAGES. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, CUSTOMER ACKNOWLEDGES THAT (i) LICENSOR AND LICENSOR'S SUPPLIERS SHALL NOT HAVE ANY LIABILITY TO CUSTOMER UNDER THIS CUSTOMER AGREEMENT OR OTHERWISE IN CONNECTION WITH THE SOFTWARE, AND (ii) IT SHALL LOOK SOLELY TO LICENSOR AND NOT TO ANY OF NUCLEAR FACILITIESLICENSOR'S SUPPLIERS, (B) AIRCRAFT NAVIGATIONCORPORATE AFFILIATES, CONTROL SHAREHOLDERS, DIRECTORS OR COMMUNICATION SYSTEMSEMPLOYEES, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USESUIT, CLAIM, OR RELIEF IN CONNECTION WITH THE SOFTWARE OR THIS CUSTOMER AGREEMENT. IN NO EVENT SHALL LICENSOR BE LIABLE TO CUSTOMER FOR MORE THAN THE FEE PAID BY CUSTOMER TO LICENSOR.

Appears in 2 contracts

Sources: Distribution Agreement (Satyam Infoway LTD), Distribution Agreement (Satyam Infoway LTD)

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT EXCEPT FOR SELLER’S SPECIAL WARRANTY OF TITLE AND AS OTHERWISE SET FORTH IN THIS AGREEMENT OR IN THE CONVEYANCES, SELLER EXPRESSLY DISCLAIMS AND NEGATES ANY KINDREPRESENTATION, EITHER EXPRESSED COVENANT OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, AT COMMON LAW, COURSE OF DEALING, TRADE USAGE BY STATUTE OR OTHERWISE) ARE HEREBY EXCLUDED , RELATING TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE CONDITION OF THE SOFTWARE WILL BE UNINTERRUPTED ASSETS AND ANY PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS OF MOVABLE PROPERTY COMPRISING ANY PART OF THE ASSETS INCLUDING (i) ANY IMPLIED OR ERROR FREEEXPRESS WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS; (iii) ANY RIGHTS OF BUYER UNDER APPLICABLE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE BASE PURCHASE PRICE; (iv) ANY CLAIM BY BUYER FOR DAMAGES BECAUSE OF DEFECTS OR OTHER VICES, WHETHER KNOWN OR UNKNOWN; (IIIv) ANY IMPLIED OR EXPRESS WARRANTY REGARDING ENVIRONMENTAL LAWS, THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE RELEASE OF MATERIALS INTO THE ENVIRONMENT INCLUDING, WITHOUT LIMITATION, NORM OR ASBESTOS, OR PROTECTION OF THE ENVIRONMENT OR HEALTH; OR (vi) ANY IMPLIED OR EXPRESS WARRANTY REGARDING TITLE TO YOU OR APPEAR PRECISELY AS DESCRIBED ANY OF THE ASSETS, EXCEPT FOR THE SPECIAL WARRANTY OF TITLE PROVIDED IN THE ACCOMPANYING DOCUMENTATIONCONVEYANCES. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR IT IS THE RESULTS OBTAINED FROM EXPRESS INTENTION OF BUYER AND SELLER THAT, EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR IN THE USE CONVEYANCES, THE PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS AND THE CONDITION OF THE SOFTWAREASSETS ARE BEING CONVEYED TO BUYER “AS IS, WHERE IS,” WITH ALL FAULTS, AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR. WITHOUT LIMITING BUYER REPRESENTS TO SELLER THAT AS OF CLOSING BUYER WILL HAVE BEEN GIVEN THE GENERALITY OPPORTUNITY TO MAKE OR CAUSE TO BE MADE SUCH INSPECTIONS AS BUYER DEEMS APPROPRIATE, IT BEING UNDERSTOOD THAT SUCH INSPECTIONS SHALL NOT IMPAIR OR OTHERWISE AFFECT THE VALIDITY OF SELLER’S REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT OR IN THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USECONVEYANCES.

Appears in 2 contracts

Sources: Purchase and Sale Agreement, Purchase and Sale Agreement (Pedevco Corp)

DISCLAIMER OF WARRANTY. THE EXPRESS, LIMITED WARRANTIES PROVIDED IN THE FOREGOING SECTION 9 OF THIS AGREEMENT ARE THE ONLY WARRANTIES MADE BY ▇▇▇▇▇▇▇▇▇ IN CONNECTION WITH THE ▇▇▇▇▇▇▇▇▇ SOFTWARE, AND SUCH WARRANTIES APPLY ONLY TO THE MOST CURRENT RELEASE OF THE ▇▇▇▇▇▇▇▇▇ SOFTWARE MADE AVAILABLE TO CUSTOMER. TO THE MAXIMUM EXTENT PERMITTED PERMISSIBLE BY APPLICABLE LAW, OTHER THAN THE EXPRESS WARRANTIES IN SECTION 9 OF THIS AGREEMENT, ▇▇▇▇▇▇▇▇▇ DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS WITH RESPECT TO THE ▇▇▇▇▇▇▇▇▇ SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDOR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, EITHER EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TOTO THE WARRANTIES, THE IMPLIED WARRANTY REPRESENTATIONS OR CONDITIONS OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, MERCHANTABLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. ▇▇▇▇▇▇▇▇▇ PROVIDES NO WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, REPRESENTATIONS OR CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THAT THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE ▇▇▇▇▇▇▇▇▇ SOFTWARE WILL MEET YOUR REQUIREMENTSOPERATE ERROR FREE OR FREE FROM INTERRUPTION, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED VIRUSES OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEOTHER HARMFUL COMPUTER CODE.

Appears in 2 contracts

Sources: Software License Agreement, Software License Agreement

DISCLAIMER OF WARRANTY. CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE SERVICE AND USES THE SAME AT ITS OWN RISK. CUSTOMER IS RESPONSIBLE FOR ALL USE OF ITEMS ASSOCIATED WITH CUSTOMER’S ACCOUNT IN ALL CIRCUMSTANCES UNDER ANY SCREEN NAME OR PASSWORD USED ON THAT ACCOUNT. IT IS THE SOLE RESPONISBILITY OF THE CUSTOMER TO PROTECT THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONFIDENTIALITY OF CUSTOMER’S PASSWORD. COMPANY EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT TRANSMITTED OR ACCESSIBLE THROUGH THE SERVICE AND COMPANY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH CONTENT. EXCEPT AS SPECIFICALLY SET FORTH IN THE MASTER SERVICE AGREEMENT, THE SOFTWARE IS SERVICE, COMPANY EQUIPMENT AND COMPANY MATERIALS ARE PROVIDED AND LICENSED "AS IS" ,” WITHOUT WARRANTY WARRANTIES OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY COMPANY, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, BE UNINTERRUPTED, SECURE, ERROR FREE, WITHOUT DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATE OR INFORMATION OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. EXCEPT AS SET FORTH IN THE MASTER SERVICE AGREEMENT, COMPANY DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT PROVIDED BY COMPANY WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE SERVICE MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY DATA, MATERIAL OR TRAFFIC OF ANY KIND WHATSOEVER CARRIED, UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S OR AN END USER’S COMPUTER SYSTEM OR EQUIPMENT (INCLUDING NETWORK EQUIPMENT) OR LOSS OF SUCH DATA, MATERIAL OR TRAFFIC DURING, OR THAT RESULTS FROM, CUSTOMER’S OR ITS END USERS’ USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, CUSTOMER’S OR END USERS’ SENDING OR RECEIVING, OR UPLOADING OR DOWNLOADING, OR ATTEMPTS TO DO SAME, OF SUCH DATA, MATERIAL OR TRAFFIC. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT COMPANY’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT AND COMPANY DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESSYSTEM INTEGRATION, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS DATA ACCURACY OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEQUIET ENJOYMENT.

Appears in 2 contracts

Sources: Master Service Agreement, Master Service Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" ", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THE AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THE AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THE AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USE.I)

Appears in 2 contracts

Sources: Enterprise Services Agreement, Enterprise Services Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT HYLAND MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY HYLAND DOES NOT WARRANT GUARANTEE THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR UNINTERRUPTED, ERROR FREE, (III) THE OR THAT HYLAND WILL CORRECT ALL SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONERRORS. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM BREACH OF THE USE WARRANTIES SET FORTH IN SECTION 8.1, CUSTOMER’S EXCLUSIVE REMEDY AND ▇▇▇▇▇▇’▇ ENTIRE LIABILITY FOR BREACH OF SECTION 8.1(a) OR (b) WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF HYLAND CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CUSTOMER MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. CUSTOMER’S EXCLUSIVE REMEDY AND ▇▇▇▇▇▇’▇ ENTIRE LIABILITY FOR BREACH OF SECTION 8.1(d) WILL BE TO UNDERTAKE COMMERCIALLY REASONABLE EFFORTS TO REMEDY OR SUPPLY A TEMPORARY FIX, OR MAKE AN EMERGENCY BYPASS, IF HYLAND REPRODUCES THE PROBLEM IN A CURRENT, UNALTERED RELEASE OF THE SOFTWARE. WITHOUT LIMITING , OR IF HYLAND CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CUSTOMER MAY TERMINATE THE GENERALITY RELEVANT SUBSCRIPTION AND RECEIVE A PRO RATA REFUND OF THE FOREGOING DISCLAIMER, FEES PAID FOR THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) REMAINING SUBSCRIPTION PERIOD AS OF THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION EFFECTIVE DATE OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USETHE TERMINATION.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

DISCLAIMER OF WARRANTY. EXCEPT IN RELATION TO THE NON-EXCLUDABLE OBLIGATIONS AND AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THIS AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THIS AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, , (C) DIRECT LIFE SUPPORT SYSTEMS OR (2II) SIMILAR ULTRA- ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE THE CUSTOMER IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ASSUMES ALL RISK FOR ANY SUCH USE.

Appears in 2 contracts

Sources: Enterprise Services Agreement, Enterprise Services Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS EXPRESSLY STATED AT SECTION 4.1 OF THIS AGREEMENT, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDHOST MAKES NO OTHER WARRANTIES, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND NONINFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESCONCERNING ANY SUBJECT MATTER OF THIS AGREEMENT. FURTHER, HOST DOES NOT, EXCEPT AS EXPRESSLY STATED AT SECTION 4.1 OF THIS AGREEMENT, WARRANT, GUARANTEE, OR MAKE ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS REPRESENTATIONS REGARDING THE USE OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE THE RESULTS OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED HOSTING SERVICES, LICENSED SOFTWARE, AND/OR ERROR FREECUSTOMER CONTENT IN TERMS OF CORRECTNESS, (III) ACCURACY, ACCESSIBILITY, RELIABILITY, OR OTHERWISE. CUSTOMERS ASSUME SOLE RESPONSIBILITY FOR THEIR AND THEIR END USERS’ USE OF THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE HOSTING SERVICES, LICENSED SOFTWARE, AND/OR CUSTOMER CONTENT TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ACHIEVE CUSTOMERS’ INTENDED RESULTS AND THE RESULTS ACTUALLY OBTAINED FROM THE USE OF THE HOSTING SERVICES. HOST DOES NOT WARRANT THAT THE HOSTING SERVICES, LICENSED SOFTWARE. , AND/OR CUSTOMER CONTENT WILL BE UNINTERRUPTED OR ERROR FREE NOR IS HOST LIABLE FOR THE INABILITY TO ACCESS THE INTERNET INCLUDING, WITHOUT LIMITING LIMITATION, CUSTOMERS’ OR CUSTOMERS END USERS’ USE OR INABILITY TO USE THE GENERALITY HOSTING SERVICES, LICENSED SOFTWARE, AND/OR CUSTOMER CONTENT, ANY CHANGES THERETO, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY CUSTOMER OR CUSTOMER END USER TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED OR ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICES OR USE OF THE FOREGOING DISCLAIMERHOSTING SERVICES, LICENSED SOFTWARE AND/OR CUSTOMER CONTENT. THE LIMITED WARRANTY CONTAINED HEREIN, BUT NOT THE EXCLUSIONS AND WAIVERS OF WARRANTIES CONTAINED HEREIN, SHALL TERMINATE AND BECOME NULL AND VOID TO THE EXTENT THAT ANY BREACH OF SUCH WARRANTY ARISES FROM THIRD-PARTY PRODUCTS OR THIRD-PARTY SOFTWARE OR OTHER ITEMS OR SERVICES PROVIDED BY ANY PERSONS OR ENTITIES OTHER THAN HOST. CUSTOMERS FURTHER UNDERSTAND AND AGREE THAT CUSTOMERS AND CUSTOMER END USERS SHALL LOOK SOLELY TO THE MANUFACTURER OF ANY THIRD-PARTY PRODUCTS OR THIRD-PARTY SOFTWARE PURCHASED OR USED BY CUSTOMERS AND CUSTOMER END USERS IN CONJUNCTION WITH THE HOSTING SERVICES AND/OR CUSTOMER CONTENT SURROUNDING ANY CLAIM THAT SUCH THIRD-PARTY PRODUCT OR THIRD-PARTY SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED DEFECTIVE OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR INFRINGES ANY SUCH USETHIRD-PARTY INTELLECTUAL PROPERTY RIGHT.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Travelzoo Inc), Asset Purchase Agreement (Travelzoo Inc)

DISCLAIMER OF WARRANTY. TO EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR IN THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONVEYANCES, THE SOFTWARE IS PROVIDED SELLER EXPRESSLY DISCLAIMS AND LICENSED "AS IS" WITHOUT WARRANTY OF NEGATES ANY KINDREPRESENTATION, EITHER EXPRESSED COVENANT OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, AT COMMON LAW, COURSE OF DEALING, TRADE USAGE BY STATUTE OR OTHERWISE) ARE HEREBY EXCLUDED , RELATING TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE CONDITION OF THE SOFTWARE WILL BE UNINTERRUPTED ASSETS AND ANY PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS OF MOVABLE PROPERTY COMPRISING ANY PART OF THE ASSETS INCLUDING (i) ANY IMPLIED OR ERROR FREEEXPRESS WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS; (iii) ANY RIGHTS OF BUYER UNDER APPLICABLE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE PURCHASE PRICE; (iv) ANY CLAIM BY BUYER FOR DAMAGES BECAUSE OF DEFECTS OR OTHER VICES, WHETHER KNOWN OR UNKNOWN; (IIIv) ANY IMPLIED OR EXPRESS WARRANTY REGARDING ENVIRONMENTAL LAWS, THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE RELEASE OF MATERIALS INTO THE ENVIRONMENT INCLUDING, WITHOUT LIMITATION, NATURALLY OCCURRING RADIOACTIVE MATERIAL OR ASBESTOS, OR PROTECTION OF THE ENVIRONMENT OR HEALTH; OR (vi) ANY IMPLIED OR EXPRESS WARRANTY REGARDING TITLE TO YOU OR APPEAR PRECISELY AS DESCRIBED ANY OF THE ASSETS, EXCEPT FOR THE SPECIAL WARRANTY OF TITLE PROVIDED IN THE ACCOMPANYING DOCUMENTATIONCONVEYANCES. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR IT IS THE RESULTS OBTAINED FROM EXPRESS INTENTION OF BUYER AND SELLER THAT, EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR IN THE USE CONVEYANCES, THE PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS AND THE CONDITION OF THE SOFTWAREASSETS ARE BEING CONVEYED TO BUYER “AS IS, WHERE IS,” WITH ALL FAULTS, AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR. WITHOUT LIMITING BUYER REPRESENTS TO SELLER THAT AS OF CLOSING BUYER WILL HAVE BEEN GIVEN THE GENERALITY OPPORTUNITY TO MAKE OR CAUSE TO BE MADE SUCH INSPECTIONS AS BUYER DEEMS APPROPRIATE, IT BEING UNDERSTOOD THAT SUCH INSPECTIONS SHALL NOT IMPAIR OR OTHERWISE AFFECT THE VALIDITY OF SELLER’S REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT OR IN THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USECONVEYANCES.

Appears in 2 contracts

Sources: Purchase and Sale Agreement, Purchase and Sale Agreement (Mid-Con Energy Partners, LP)

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY SYMANTEC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS PURPOSE OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED NONINFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. LIFERAY DOES NOT WARRANT THAT , SYMANTEC MAKES NO WARRANTIES THAT: (I) THE SOFTWARE SERVICES AND/OR SITE WILL MEET YOUR REQUIREMENTS, ; OR (II) THE USE OF THE SOFTWARE SERVICES AND/OR SITE WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE, ; OR (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE RESULTS THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS MAY BE OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND/OR SITE WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY SERVICES, PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES AND/OR SITE WILL MEET YOUR EXPECTATIONS; OR (V) ANY ERRORS IN THE SERVICES AND/OR SITE WILL BE CORRECTED; AND (VI) ALL VIRUSES WILL BE REMOVED THROUGH THE SERVICES. WITHOUT LIMITING ANY SUPPORT SOFTWARE TOOL, MATERIALS AND/OR DATA DOWNLOADED OR OTHERSWISE OBTAINED BY YOU THROUGH THE GENERALITY USE OF THE FOREGOING DISCLAIMER, SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE SUPPORT SOFTWARE TOOL IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY AND PROVIDED IN ACCORDANCE WITH THE SUPPORT SOFTWARE TOOL USAGE AGREEMENT. SYMANTEC DOES NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEWARRANT THIRD PARTY PRODUCTS.

Appears in 2 contracts

Sources: Norton Services Terms and Conditions, Norton Services Terms and Conditions

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Software is deemed accepted by you. The SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIEDTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. INFOSPACE, INCLUDINGINC. FURTHER DISCLAIMS ALL WARRANTIES, BUT NOT LIMITED TO, THE INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. LIFERAY DOES NOT WARRANT THAT IN NO EVENT SHALL INFOSPACE, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (IINCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREESOFTWARE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONEVEN IF INFOSPACE, INC. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE HAS BEEN ADVISED OF THE SOFTWAREPOSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE GENERALITY EXCLUSION OR LIMITATION OF THE FOREGOING DISCLAIMERLIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE SOFTWARE IS ABOVE LIMITATION MAY NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED APPLY TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEYOU.

Appears in 2 contracts

Sources: Software Marketing and Distributorship Agreement (Viador Inc), Software Marketing and Distributorship Agreement (Viador Inc)

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER ARTICLE 5.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDER TECHNOLOGY AND SERVICES AS PROVIDED BY PROVIDER ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY PROVIDER DOES NOT WARRANT GUARANTEE THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE PROVIDER TECHNOLOGY OR SERVICES WILL NOT BE UNINTERRUPTED INTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU REQUIREMENTS, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT PROVIDER WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE BREACH OF THE SOFTWAREWARRANTIES SET FORTH IN ARTICLE 5.1, COMPANY’S EXCLUSIVE REMEDY, AND PROVIDER'S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF PROVIDER CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, COMPANY MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS PROVIDER TECHNOLOGY AND SERVICES ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, , OR (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SYSTEMS. COMPANY AGREES THAT IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE PROVIDER TECHNOLOGY AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USESERVICES.

Appears in 2 contracts

Sources: Master Subscription and Support Agreement, Master Subscription and Support Agreement

DISCLAIMER OF WARRANTY. TO YOU EXPRESSLY AGREE THAT USE OF THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSERVICE IS AT YOUR SOLE RISK, AND THAT THE SOFTWARE SERVICE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDWITH NO WARRANTIES WHATSOEVER, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDINGINCLUDING WITHOUT LIMITATION ANY WARRANTIES OF AVAILABILITY, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLERELIABILITY, NON-INFRINGEMENT AND INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 9.7 Limitation of Liability. THE REMEDIES SET FORTH IN THIS AGREEMENT ARE OUR ONLY OBLIGATIONS TO YOU, AND SUCH IMPLIED WARRANTIESYOUR EXCLUSIVE REMEDIES, FOR ANY TRANSFER OR PAYMENT DELAYS, FAILURES OR ERRORS. IN NO EVENT WILL WE OR OUR PROVIDERS BE RESPONSIBLE FOR ANY OTHER WARRANTIESDAMAGES OF ANY KIND, REPRESENTATIONSWHETHER DIRECT, CONDITIONS AND TERMSINDIRECT, EXPRESS SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR IMPLIED EXEMPLARY, INCLUDING WITHOUT LIMITATION LOST PROFITS (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE EVEN IF ADVISED OF DEALING, TRADE USAGE OR OTHERWISETHE POSSIBILITY THEREOF) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET ARISING IN ANY WAY OUT OF YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREESERVICE. IN ANY EVENT, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE OUR TOTAL, AGGREGATE LIABILITY TO YOU OR APPEAR PRECISELY AS DESCRIBED IN IS LIMITED TO THE ACCOMPANYING DOCUMENTATION. AGGREGATE AMOUNT OF FEES YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE HAVE PAID FOR THE RESULTS OBTAINED FROM SERVICE DURING THE USE OF THREE (3) MONTHS PRECEDING THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMEREVENT GIVING RISE TO YOUR CLAIM OR $500, THE SOFTWARE WHICHEVER IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEGREATER.

Appears in 2 contracts

Sources: Direct Connect Service Agreement, Direct Connect Service Agreement

DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DEVELOPER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESSED EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE NON-INFRINGEMENT OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWTHIRD PARTY RIGHTS. LIFERAY DEVELOPER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTSFUNCTIONS CONTAINED IN, (II) THE USE OF OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, (III) OR THAT DEFECTS IN THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU BE CORRECTED. NO ORAL OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONWRITTEN INFORMATION OR ADVICE GIVEN BY DEVELOPER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, SHOULD THE SOFTWARE IS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT SPECIFICALLY DESIGNEDALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT LIMITED APPLY TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEYOU.

Appears in 2 contracts

Sources: End User License Agreement, End User License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS PROVIDED IN SECTION 7.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND▇▇▇▇▇▇▇▇▇ MAKES NO WARRANTY, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY HASHICORP DOES NOT WARRANT GUARANTEE THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE SOFTWARE, SUPPORT OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE OR THAT HASHICORP WILL CORRECT ALL SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONERRORS. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM BREACH OF THE USE WARRANTIES SET FORTH IN SECTION 7.1, CUSTOMER’S EXCLUSIVE REMEDY AND ▇▇▇▇▇▇▇▇▇’S ENTIRE LIABILITY FOR BREACH OF SECTION 7.1(a) OR (b) WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF HASHICORP CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CUSTOMER MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. CUSTOMER’S EXCLUSIVE REMEDY AND HASHICORP’S ENTIRE LIABILITY FOR BREACH OF SECTION 7.1(d) WILL BE TO UNDERTAKE COMMERCIALLY REASONABLE EFFORTS TO REMEDY OR SUPPLY A TEMPORARY FIX, OR MAKE AN EMERGENCY BYPASS, IF HASHICORP REPRODUCES THE PROBLEM IN A CURRENT, UNALTERED RELEASE OF THE SOFTWARE. WITHOUT LIMITING , OR IF HASHICORP CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CUSTOMER MAY TERMINATE THE GENERALITY RELEVANT LICENSE AND SUPPORT SUBSCRIPTIONS AND RECEIVE A PRO RATA REFUND OF THE FOREGOING DISCLAIMER, FEES PAID FOR THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) REMAINING SUBSCRIPTION PERIOD AS OF THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION EFFECTIVE DATE OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USETHE TERMINATION.

Appears in 2 contracts

Sources: Enterprise Software License Agreement, Enterprise Software License Agreement

DISCLAIMER OF WARRANTY. EXCEPT IN RELATION TO THE NON-EXCLUDABLE OBLIGATIONS AND AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THE AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THE AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THE AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, , (C) DIRECT LIFE SUPPORT SYSTEMS OR (2II) SIMILAR ULTRA- ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE THE CUSTOMER IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ASSUMES ALL RISK FOR ANY SUCH USE.

Appears in 2 contracts

Sources: Enterprise Services Agreement, Enterprise Services Agreement

DISCLAIMER OF WARRANTY. CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE SERVICE AND USES THE SAME AT ITS OWN RISK. CUSTOMER IS RESPONSIBLE FOR ALL USE OF ITEMS ASSOCIATED WITH CUSTOMER’S ACCOUNT IN ALL CIRCUMSTANCES UNDER ANY SCREEN NAME OR PASSWORD USED ON THAT ACCOUNT. IT IS THE SOLE RESPONISBILITY OF THE CUSTOMER TO PROTECT THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONFIDENTIALITY OF CUSTOMER’S PASSWORD. MHC EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT TRANSMITTED OR ACCESSIBLE THROUGH THE SERVICE AND MHC EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH CONTENT. EXCEPT AS SPECIFICALLY SET FORTH IN THE MASTER SERVICE AGREEMENT, THE SOFTWARE IS SERVICE, MHC EQUIPMENT AND MHC MATERIALS ARE PROVIDED AND LICENSED "AS IS" ,” WITHOUT WARRANTY WARRANTIES OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY MHC, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. MHC DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, BE UNINTERRUPTED, SECURE, ERROR FREE, WITHOUT DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATE OR INFORMATION OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. EXCEPT AS SET FORTH IN THE MASTER SERVICE AGREEMENT, MHC DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT PROVIDED BY MHC WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE SERVICE MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY DATA, MATERIAL OR TRAFFIC OF ANY KIND WHATSOEVER CARRIED, UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S OR AN END USER’S COMPUTER SYSTEM OR EQUIPMENT (INCLUDING NETWORK EQUIPMENT) OR LOSS OF SUCH DATA, MATERIAL OR TRAFFIC DURING, OR THAT RESULTS FROM, CUSTOMER’S OR ITS END USERS’ USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS CUSTOMER’S OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE END USERS’ SENDING OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROLRECEIVING, OR DIRECT OPERATION UPLOADING OR DOWNLOADING, OR ATTEMPTS TO DO SAME, OF NUCLEAR FACILITIESSUCH DATA, (B) AIRCRAFT NAVIGATIONMATERIAL OR TRAFFIC. IN ADDITION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES CUSTOMER ACKNOWLEDGES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR AGREES THAT MHC’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY SUCH USE.WARRANTIES TO CUSTOMER

Appears in 1 contract

Sources: Master Service Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, , (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USE. LIFERAY MAY PROVIDE CERTAIN WARRANTIES OR ASSURANCES TO YOU AS PART OF A SEPARATE AGREEMENT (SUCH AS THE LIFERAY ENTERPRISE SERVICES AGREEMENT).

Appears in 1 contract

Sources: End User License Agreement (Eula)

DISCLAIMER OF WARRANTY. THE SOFTWARE AND RELATED SERVICES ARE PROVIDED AND/OR LICENSED “AS IS” WITHOUT WARRANTY OF ANY KIND AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED BRAVO (AND LICENSED "AS IS" WITHOUT WARRANTY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS) EXPRESSLY DISCLAIMS ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY ALL OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED REPRESENTATIONS WITH RESPECT TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTSRELATED SERVICES, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED AND USER DOCUMENTATION, WHETHER EXPRESS, IMPLIED, STATUTORY, ORAL OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCEWRITTEN, INCLUDING BUT NOT LIMITED TO (A) THE PLANNINGANY AND ALL WARRANTIES OF MERCHANTABILITY, CONSTRUCTION, MAINTENANCE, CONTROLQUALITY, OR DIRECT FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT BRAVO KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE) WHETHER ALLEGED TO ARISE BY OPERATION OF NUCLEAR FACILITIESLAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING. BRAVO DOES NOT WARRANT OR GUARANTEE THE PERFORMANCE OR RESULTS OBTAINED BY YOU IN USING THE SOFTWARE AND/OR RELATED SERVICES, OR THAT THE SOFTWARE AND/OR RELATED SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE AND/OR RELATED SERVICES WILL BE UNINTERRUPTED, BUG FREE, OR ERROR FREE, OR THAT ALL SOFTWARE DEFECTS WILL BE CORRECTED. BRAVO IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE AND/OR RELATED SERVICES. NO WARRANTY IS MADE BY BRAVO WITH RESPECT TO THE MAINTENANCE OF AND/OR ACCURACY OF ANY OF YOUR DATA, INCLUDING BUT NOT LIMITED TO CUSTOMER DATA, TRANSACTION DATA, INVENTORY DATA AND/OR WEBSITE CUSTOMER DATA, ACQUIRED BY BRAVO AS PART OF YOUR USE OF THE SOFTWARE AND/OR RELATED SERVICES. NO INFORMATION OR ADVICE (BORAL OR WRITTEN) AIRCRAFT NAVIGATIONOBTAINED BY YOU FROM BRAVO OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR MAKE ANY MODIFICATION, CONTROL EXTENSION OR COMMUNICATION SYSTEMSADDITION TO THIS WARRANTY. BRAVO ALSO EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION TO ANY PERSON OR ENTITY OTHER THAN YOU. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES SO PART OF THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEMAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Appears in 1 contract

Sources: End User License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THIS AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THIS AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, , (C) DIRECT LIFE SUPPORT SYSTEMS OR (2II) SIMILAR ULTRA- ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USE6. Zusicherungen und Gewährleistungen 6.1 Eingeschränkte Gewährleistung Liferay erklärt und gewährleistet, dass: (i) die Dienstleistungen professionell und fachmännisch von qualifiziertem Personal erbracht werden, (ii) Liferay zum Abschluss des vorliegenden Vertrags mit dem Kunden bevollmächtigt ist, (iii) nach Kenntnis von Liferay die Dienstleistungen zum Zeitpunkt der Lieferung an den Kunden keinen schädlichen Code enthalten, mit dem Beeinträchtigung des Betriebs, der Sicherheit oder der Integrität eines Systems bezweckt wird. Im Gewährleistungsfall gemäß dieser Ziff.

Appears in 1 contract

Sources: Liferay Enterprise Services Agreement

DISCLAIMER OF WARRANTY. THE PARTIES ACKNOWLEDGE THAT THE COVID-19 TEST KITS TO BE USED IN CONNECTION WITH THIS AGREEMENT ARE FOR SCREENING PURPOSES ONLY AND MAY NOT IN ALL CASES PROVIDE A DEFINITIVE RESULT. AS WITH ALL SCREENING TESTS, IN A CERTAIN NUMBER OF CASES THERE CAN BE INCIDENCES OF FALSE- POSITIVE AND FALSE-NEGATIVE RESULTS. THE PARTIES FURTHER ACKNOWLEDGE THAT THE COVID-19 TEST KITS PROVIDED UNDER THIS AGREEMENT MAY NOT BE EFFECTIVE FOR ANY MUTATIONS OF COVID-19. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 54 AND TO THE MAXIMUM EXTENT PERMITTED PROHIBITED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES AND PRODUCTS PROVIDED BY CONTRACTOR UNDER THIS AGREEMENT ARE PROVIDED STRICTLY “AS-IS,” “AS- AVAILABLE,” AND LICENSED "AS IS" WITHOUT WARRANTY “WITH ALL FAULTS,” AND CONTRACTOR MAKES NO ADDITIONAL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR WHETHER EXPRESS, IMPLIED, INCLUDINGARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY AS TO THE SERVICES, PRODUCTS, OR ANY OTHER MATTER WHATSOEVER. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, CONTRACTOR DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO, THE ANY IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, USE, OR A PARTICULAR OR BUSINESS RESULT, TITLE, NON-INFRINGEMENT, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. EXCEPT TO THE EXTENT EXPRESSLY REQUIRED BY THIS CONTRACT AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON APPLICABLE LAW, COURSE OF DEALING, TRADE USAGE CONTRACTOR MAKES NO WARRANTY THAT THE PRODUCTS OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT SERVICES PROVIDED UNDER THIS AGREEMENT WILL: (I) MEET THE SOFTWARE WILL MEET YOUR REQUIREMENTS, STATE’S REQUIREMENTS OR INTENDED PURPOSES OR USES; (II) PREVENT THE USE SPREAD OR INCURRENCE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREEANY ILLNESS, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROLVIRUS, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USE.BACTERIA;

Appears in 1 contract

Sources: Professional Services

DISCLAIMER OF WARRANTY. NOTWITHSTANDING ANYTHING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONTRARY CONTAINED HEREIN OR IN ANY OTHER DOCUMENT OR AGREEMENT BETWEEN THE PARTIES, THE SOFTWARE PRODUCT IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED WHERE IS, AND AGENCYZOOM MAKES NO WARRANTY, AND HEREBY DISCLAIMS ALL WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY TO ANY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON- INFRINGEMENT OF THIRD PARTY RIGHTS, ANY OTHER WARRANTIESAVAILABILITY, REPRESENTATIONSSUITABILITY, CONDITIONS AND TERMS, EXPRESS ACCURACY OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON COMPLIANCE WITH APPLICABLE LAW, COURSE OF DEALINGREGULATION, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY INDUSTRY CUSTOM OR STANDARD, AND AGENCYZOOM DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE ACCESS TO OR USE OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED . IN THE ACCOMPANYING DOCUMENTATIONEVENT OF ANY INTERRUPTION, AGENCYZOOM'S SOLE OBLIGATION SHALL BE TO MAKE COMMERCIALLY REASONABLE EFFORTS TO ATTEMPT TO RESTORE ACCESS TO THE PRODUCT OR, IN ITS SOLE DISCRETION, TERMINATE THE AGREEMENT IN WHOLE OR IN PART WITHOUT FURTHER OBLIGATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR HAVE NOT ENTERED INTO THIS AGREEMENT ON THE RESULTS OBTAINED FROM THE USE BASIS OF THE SOFTWAREANY REPRESENTATIONS OR PROMISES NOT EXPRESSLY CONTAINED HEREIN. WITHOUT LIMITING THE GENERALITY FORGOING, AGENCYZOOM MAKES NO REPRESENTATIONS OR WARRANTIES AND ASSUMES NO LIABILITY FOR (i) RESULTS OF THE FOREGOING DISCLAIMERPRODUCT, (ii) MATERIALS OR INFORMATION PROVIDED BY AGENCYZOOM OR GENERATED THROUGH OR WITH THE SOFTWARE IS NOT SPECIFICALLY DESIGNEDPRODUCT, MANUFACTURED INCLUDING WITHOUT LIMITATION, TEMPLATE FORMS, DISCOUNT AVAILABILITY OR INTENDED AMOUNT, CUSTOMER DATA, RETENTION DATA, OR SALES DATA, OR (iii) THE PRODUCT'S SUITABILITY OR UNSUITABILITY FOR A PARTICULAR USE OR ENVIRONMENT, INCLUDING WITHOUT LIMITATION FOR USE WITHIN THE INSURANCE INDUSTRY. AGENCYZOOM'S DISCLAIMER OF WARRANTIES AS SET FORTH IN (1) FACILITIES THIS PARAGRAPH SHALL NOT BE DIMINISHED OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCEAFFECTED BY AND NO OBLIGATION OR LIABILITY SHALL ARISE OR GROW OUT OF AGENCYZOOM'S RENDERING OF ADVICE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROLTECHNICAL OR OTHERWISE, OR DIRECT OPERATION SERVICE IN CONNECTION WITH ANY PRODUCT OR SERVICE FURNISHED UNDER THIS AGREEMENT. AGENCYZOOM SHALL HAVE NO OBLIGATION TO INDEMNIFY YOU OR ANY THIRD PARTY AGAINST ANY CLAIM, DAMAGE, LIABILITY OR LOSS INCLUDING WITHOUT LIMITATION INFRINGEMENT OF NUCLEAR FACILITIESANY PATENT, (B) AIRCRAFT NAVIGATIONTRADEMARK, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USE.COPYRIGHT

Appears in 1 contract

Sources: License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THE AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMERʼS SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THE AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THE AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, , (C) DIRECT LIFE SUPPORT SYSTEMS OR (2II) SIMILAR ULTRA- ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE THE CUSTOMER IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ASSUMES ALL RISK FOR ANY SUCH USE.

Appears in 1 contract

Sources: Enterprise Services Agreement

DISCLAIMER OF WARRANTY. YOU EXPRESSLY AGREE THAT YOUR ACCESS OR USE OF PTC COMMUNITY IS AT YOUR SOLE RISK. NEITHER PTC, ITS EMPLOYEES, AFFILIATES, AGENTS, LICENSEES, LICENSORS, NOR THE LIKE WARRANT THAT PTC COMMUNITY WILL BE UNINTERRUPTED OR ERROR FREE. NOR DO THEY MAKE ANY WARRANTY AS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWRESULTS THAT MAY BE OBTAINED FROM THE ACCESS OR USE OF PTC COMMUNITY, OR AS TO THE SOFTWARE IS QUALITY, ACCURACY, OR RELIABILITY OF ANY CONTENT OR OTHER MATERIAL PROVIDED AND LICENSED THROUGH PTC COMMUNITY. PTC COMMUNITY ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE OR IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY STATUTEAND INCAPABLE OF EXCLUSION, COMMON LAWRESTRICTION, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO MODIFICATION UNDER THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS LAWS APPLICABLE TO YOU THIS AGREEMENT. NO ORAL ADVICE OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERWRITTEN INFORMATION GIVEN BY MODERATORS OR BY PTC, THE SOFTWARE IS NOT SPECIFICALLY DESIGNEDITS EMPLOYEES, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCEAGENTS, INCLUDING BUT NOT LIMITED TO (A) THE PLANNINGLICENSEES, CONSTRUCTION, MAINTENANCE, CONTROLLICENSORS, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR RELY ON ANY SUCH USEINFORMATION OR ADVICE.

Appears in 1 contract

Sources: Community Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.1, THE LICENSED PRODUCT IS LICENSED ON AN “AS IS” BASIS AND THE NPSS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITHRESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLICENSED PRODUCT, THE SOFTWARE IS PROVIDED OR OTHER ACCOMPANYING MATERIAL OR SERVICE, IF ANY, INCLUDING ANY ACCOMPANYING DOCUMENTATION (INCLUDING INSTRUCTIONS FOR USE) AND LICENSED "AS IS" SwRI SPECIFICALLY DISCLAIMS (AND END USER WAIVES) ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT WARRANTY LIMITATION, ALL IMPLIED WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON- INFRINGEMENT, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS REGARDLESS OF WHETHER IT IS MADE BY SwRI ON THE PRODUCT UNDER USE OR IMPLIED (AND WHETHER IMPLIED WARRANTIES ARISING BY STATUTE, COMMON LAW, STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, TRADE USAGE DEALING OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWUSE OF TRADE. LIFERAY SwRI DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE OPERATION OR OTHER USE OF THE SOFTWARE OFTHE LICENSED PRODUCT WILL BE UNINTERRUPTED OR ERROR FREEFREE OR WILL NOT CAUSE DAMAGE OR DISRUPTION TO END USER’S DATA, COMPUTERS, OR NETWORKS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SwRI, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. SwRI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUPPORT FOR THE LICENSED PRODUCT AND THE PARTIES AGREE THAT THE NPSS LICENSORS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (IIIINCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF THE NPSS LICENSORS HAS BEEN ADVISED OF THE SOFTWAREPOSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING SwRI AND THE GENERALITY NPSS LICENSORS SHALL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR SwRI’S ACTIONS OR OMISSIONS IN PROVIDING SUCH SUPPORT. THESE DISCLAIMERS OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION WARRANTY CONSTITUTE AN ESSENTIAL PART OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USETHIS AGREEMENT.

Appears in 1 contract

Sources: Academic Single End User License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.1, THE LICENSED PRODUCT IS LICENSED ON AN “AS IS” BASIS AND THE NPSS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLICENSED PRODUCT, THE SOFTWARE IS PROVIDED OR OTHER ACCOMPANYING MATERIAL OR SERVICE, IF ANY, INCLUDING ANY ACCOMPANYING DOCUMENTATION (INCLUDING INSTRUCTIONS FOR USE) AND LICENSED "AS IS" SwRI SPECIFICALLY DISCLAIMS (AND END USER WAIVES) ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT WARRANTY LIMITATION, ALL IMPLIED WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIESNON- INFRINGEMENT, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS REGARDLESS OF WHETHER IT IS MADE BY SwRI ON THE PRODUCT UNDER USE OR IMPLIED (AND WHETHER IMPLIED WARRANTIES ARISING BY STATUTE, COMMON LAW, STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, TRADE USAGE DEALING OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAWUSE OF TRADE. LIFERAY SwRI DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE OPERATION OR OTHER USE OF THE SOFTWARE LICENSED PRODUCT WILL BE UNINTERRUPTED OR ERROR FREEFREE OR WILL NOT CAUSE DAMAGE OR DISRUPTION TO END USER’S DATA, COMPUTERS, OR NETWORKS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SwRI, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. SwRI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUPPORT FOR THE LICENSED PRODUCT AND THE PARTIES AGREE THAT THE NPSS LICENSORS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (IIIINCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF THE NPSS LICENSORS HAS BEEN ADVISED OF THE SOFTWAREPOSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING SwRI AND THE GENERALITY NPSS LICENSORS SHALL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR SwRI’S ACTIONS OR OMISSIONS IN PROVIDING SUCH SUPPORT. THESE DISCLAIMERS OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION WARRANTY CONSTITUTE AN ESSENTIAL PART OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USETHIS AGREEMENT.

Appears in 1 contract

Sources: Evaluation End User License Agreement

DISCLAIMER OF WARRANTY. TO EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR IN THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONVEYANCES, THE SOFTWARE IS PROVIDED SELLER EXPRESSLY DISCLAIMS AND LICENSED "AS IS" WITHOUT WARRANTY OF NEGATES ANY KINDREPRESENTATION, EITHER EXPRESSED COVENANT OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, AT COMMON LAW, COURSE OF DEALING, TRADE USAGE BY STATUTE OR OTHERWISE) ARE HEREBY EXCLUDED , RELATING TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE CONDITION OF THE SOFTWARE WILL BE UNINTERRUPTED ASSETS AND ANY PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS OF MOVABLE PROPERTY COMPRISING ANY PART OF THE ASSETS INCLUDING (i) ANY IMPLIED OR ERROR FREEEXPRESS WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS; (iii) ANY RIGHTS OF BUYER UNDER APPLICABLE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE PURCHASE PRICE; (iv) ANY CLAIM BY BUYER FOR DAMAGES BECAUSE OF DEFECTS OR OTHER VICES, WHETHER KNOWN OR UNKNOWN; (IIIv) ANY IMPLIED OR EXPRESS WARRANTY REGARDING ENVIRONMENTAL LAWS, THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE RELEASE OF POLLUTANTS INTO THE ENVIRONMENT, OR PROTECTION OF THE ENVIRONMENT OR HEALTH; OR (vi) ANY IMPLIED OR EXPRESS WARRANTY REGARDING TITLE TO YOU OR APPEAR PRECISELY AS DESCRIBED ANY OF THE ASSETS, EXCEPT FOR THE SPECIAL WARRANTY OF TITLE PROVIDED IN THE ACCOMPANYING DOCUMENTATIONCONVEYANCES. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR IT IS THE RESULTS OBTAINED FROM EXPRESS INTENTION OF BUYER AND SELLER THAT, EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR IN THE USE CONVEYANCES, THE PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS AND THE CONDITION OF THE SOFTWAREASSETS ARE BEING CONVEYED TO BUYER “AS IS, WHERE IS,” WITH ALL FAULTS, AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR. WITHOUT LIMITING BUYER REPRESENTS TO SELLER THAT AS OF CLOSING BUYER WILL HAVE BEEN GIVEN CERTAIN ACCESS TO THE GENERALITY ASSETS TO MAKE INSPECTIONS, IT BEING UNDERSTOOD THAT SUCH INSPECTIONS SHALL NOT IMPAIR OR OTHERWISE AFFECT THE VALIDITY OF SELLER’S REPRESENTATIONS AND WARRANTIES OR SELLER’S INDEMNITY OBLIGATIONS SET FORTH IN THIS AGREEMENT OR IN THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USECONVEYANCES.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Magnum Hunter Resources Corp)

DISCLAIMER OF WARRANTY. THERE ARE NO REPRESENTATIONS OR WARRANTIES THAT APPLY OR THAT ARE MADE TO YOU IN ANY WAY IN CONNECTION WITH THE SOFTWARE OR THIS ▇▇▇▇. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDYOUR ACCESS TO AND USE THEREOF, EITHER EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF TITLE, NON-INFRINGEMENT AND FITNESS FOR AND/OR ARISING FROM A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE DEALING OR USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARETRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERFOREGOING, THE SOFTWARE IS MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND TANGENT DOES NOT SPECIFICALLY DESIGNEDGUARANTEE, MANUFACTURED WARRANT OR INTENDED FOR REPRESENT THAT THE SOFTWARE SHALL MEET YOUR REQUIREMENTS OR THAT YOUR USE, OPERATION OR RESULTS OF USE IN (1) FACILITIES OF THE SOFTWARE SHALL BE UNINTERRUPTED, COMPLETE, RELIABLE, ACCURATE, CURRENT, ERROR-FREE, FREE OF COMPUTER VIRUSES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCEOTHERWISE SECURE. YOU ASSUME THE ENTIRE RISK OF DOWNLOADING, INCLUDING BUT NOT LIMITED TO (A) INSTALLING, COPYING, OPERATING, USING AND/OR DISTRIBUTING THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USESOFTWARE.

Appears in 1 contract

Sources: End User License Agreement (Eula)

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED FOR OTHERWISE IN THIS AGREEMENT, IN THE CONVEYANCES, IN THE DEEDS, OR IN ANY CERTIFICATE TO BE DELIVERED AT THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCLOSING PURSUANT TO SECTION 10.5(a), THE SOFTWARE IS PROVIDED SELLER EXPRESSLY DISCLAIMS AND LICENSED "AS IS" WITHOUT WARRANTY OF NEGATES ANY KINDREPRESENTATION, EITHER EXPRESSED COVENANT OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, AT COMMON LAW, COURSE OF DEALING, TRADE USAGE BY STATUTE OR OTHERWISE) ARE HEREBY EXCLUDED , RELATING TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE TITLE OR CONDITION OF THE SOFTWARE WILL BE UNINTERRUPTED ASSETS AND ANY PERSONAL PROPERTY, FACILITIES AND EQUIPMENT, FIXTURES AND ITEMS OF MOVABLE PROPERTY COMPRISING ANY PART OF THE ASSETS, INCLUDING: (i) ANY IMPLIED OR ERROR FREEEXPRESS WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS; (iii) ANY RIGHTS OF BUYER UNDER APPLICABLE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE PURCHASE PRICE; (iv) ANY CLAIM BY BUYER FOR DAMAGES BECAUSE OF DEFECTS OR OTHER VICES, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, LATENT OR PATENT; (IIIv) ANY IMPLIED OR EXPRESS WARRANTY OF FREEDOM FROM PATENT OR TRADEMARK INFRINGEMENT OR INFRINGEMENT OF ANY OTHER INTELLECTUAL PROPERTY RIGHT; (vi) ANY IMPLIED OR EXPRESS WARRANTY REGARDING ENVIRONMENTAL LAWS, THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE RELEASE OF MATERIALS INTO THE ENVIRONMENT INCLUDING, WITHOUT LIMITATION, NATURALLY OCCURRING RADIOACTIVE MATERIAL OR ASBESTOS, OR PROTECTION OF THE ENVIRONMENT OR HEALTH; OR (vii) ANY IMPLIED OR EXPRESS WARRANTY REGARDING TITLE TO YOU OR APPEAR PRECISELY ANY OF THE ASSETS. UPON THE OCCURRENCE OF THE CLOSING, IT IS THE EXPRESS INTENTION OF BUYER AND SELLER THAT, EXCEPT AS DESCRIBED EXPRESSLY PROVIDED FOR OTHERWISE IN THIS AGREEMENT, IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR CONVEYANCES, IN THE RESULTS OBTAINED FROM DEEDS, OR IN ANY CERTIFICATE TO BE DELIVERED AT THE USE CLOSING PURSUANT TO SECTION 10.5(a), THE PERSONAL PROPERTY, FACILITIES AND EQUIPMENT, FIXTURES AND ITEMS AND THE CONDITION OF THE SOFTWAREASSETS ARE BEING CONVEYED TO BUYER “AS IS, WHERE IS,” WITH ALL FAULTS, AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR AND BUYER WAIVES ANY CLAIM(S) FOR BREACH OF WARRANTY UNDER THE CONVEYANCES, WHICH WERE NOT ASSERTED BY BUYER IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY AS ONE OF ITS CONDITIONS TO CLOSING, BUYER ACKNOWLEDGES, AGREES AND REPRESENTS TO SELLER THAT, AS OF THE FOREGOING DISCLAIMERCLOSING, BUYER WILL HAVE BEEN GIVEN THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OPPORTUNITY TO MAKE OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED CAUSE TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY BE MADE SUCH USEINSPECTIONS AS BUYER DEEMS APPROPRIATE.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Tellurian Inc. /De/)

DISCLAIMER OF WARRANTY. EXCEPT AS SPECIFICALLY AND EXPRESSLY SET FORTH IN THIS AGREEMENT, ITS AMENDMENTS OR IN THE ▇▇▇▇ OF SALE WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWTITLE, THE SOFTWARE IS PROVIDED SELLER MAKES NO REPRESENTATIONS WHATSOEVER IN RESPECT OF THE AIRCRAFT OR THE CREW PROVISIONING, AND LICENSED "THE SELLER SPECIFICALLY DISCLAIMS, AND EXCLUDES (i) ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION AS IS" WITHOUT TO CONDITION, DESCRIPTION, AIRWORTHINESS, VALUE, SATISFACTORY QUALITY, DESIGN, QUALITY, MANUFACTURE OR OPERATION OF ANY KIND OR NATURE, (ii) ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED MERCHANTABILITY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, (ii) ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF FREEDOM FROM ANY RIGHTFUL CLAIM BY WAY OF INFRINGEMENT OR THE LIKE, (AND WHETHER iii) ANY IMPLIED BY STATUTE, COMMON LAWREPRESENTATION OR WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALINGDEALING OR USAGE OF TRADE, TRADE USAGE AND (iv) ANY OBLIGATION OR OTHERWISE) ARE HEREBY EXCLUDED LIABILITY OF THE SELLER ARISING IN CONTRACT OR IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF THE SELLER, ACTUAL OR IMPUTED, OR IN STRICT LIABILITY, INCLUDING ANY OBLIGATION OR LIABILITY FOR LOSS OF USE, REVENUE OR PROFIT WITH RESPECT TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) AIRCRAFT OR THE SOFTWARE WILL MEET YOUR REQUIREMENTSCREW PROVISIONING, (II) THE USE OR FOR ANY LIABILITY OF THE SOFTWARE PURCHASER TO ANY THIRD PARTY OR ANY OTHER DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGE WHATSOEVER. NO AGREEMENT ALTERING OR EXTENDING THE SELLER’S LIABILITY FOR WARRANTIES WILL BE UNINTERRUPTED OR ERROR FREE, (III) BINDING UPON THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED SELLER UNLESS IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE WRITING AND EXECUTED BY A DULY AUTHORISED OFFICER OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USESELLER.

Appears in 1 contract

Sources: Aircraft Purchase Agreement (Erickson Air-Crane Inc)

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS DEPLOYMENT PRODUCTS ARE PROVIDED AND LICENSED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TPI DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE TO IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND SUCH IMPLIED WARRANTIES, THE WARRANTY AGAINST LATENT DEFECTS; ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WARRANTY AGAINST INFRINGEMENT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERFOREGOING, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO TPI MAKES NO WARRANTY: (A) WITH RESPECT TO THE PLANNINGCHARACTERISTICS OF EXECUTION OF THE DEPLOYMENT PRODUCTS (INCLUDING RESPONSE TIME, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION CHARACTERISTICS OF NUCLEAR FACILITIES, USE OF MACHINE TIME AND OTHER OPERATING FUNCTIONS WITH ANY PARTICULAR EQUIPMENT); (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, THAT THE FUNCTIONS CONTAINED IN THE DEPLOYMENT PRODUCTS WILL -------------------------------------------------------------------------------- TRANSFORMATION PROCESSING INC. DATE DEPLOYMENT PRODUCT LICENSE AGREEMENT SATISFY THE NEEDS OF THE USER; (C) DIRECT LIFE SUPPORT SYSTEMS THAT THE OPERATION OF THE DEPLOYMENT PRODUCT WILL BE ERROR FREE OR UNINTERRUPTED; OR (2D) SIMILAR ULTRA- HAZARDOUS THAT DEFECTS AND PROGRAMMING ERRORS IN THE DEPLOYMENT PRODUCTS WILL BE DETECTED OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TPI OR A TPI REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY SUCH USEWAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY.

Appears in 1 contract

Sources: Deployment Product License Agreement (Transformation Processing Inc)

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT ▇▇▇▇▇▇▇▇ MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY ALFRESCO DOES NOT WARRANT GUARANTEE THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR UNINTERRUPTED, ERROR FREE, (III) THE OR THAT ALFRESCO WILL CORRECT ALL SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONERRORS. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM BREACH OF THE USE WARRANTIES SET FORTH IN SECTION 8.1, COMPANY’S EXCLUSIVE REMEDY AND ALFRESCO’S ENTIRE LIABILITY FOR BREACH OF SECTION 8.1(a) OR (b) WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF ALFRESCO CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, COMPANY MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. COMPANY’S EXCLUSIVE REMEDY AND ▇▇▇▇▇▇▇▇’▇ ENTIRE LIABILITY FOR BREACH OF SECTION 8.1(d) WILL BE TO UNDERTAKE COMMERCIALLY REASONABLE EFFORTS TO REMEDY OR SUPPLY A TEMPORARY FIX, OR MAKE AN EMERGENCY BYPASS, IF ALFRESCO REPRODUCES THE PROBLEM IN A CURRENT, UNALTERED RELEASE OF THE SOFTWARE. WITHOUT LIMITING , OR IF ALFRESCO CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, COMPANY MAY TERMINATE THE GENERALITY RELEVANT SUBSCRIPTION AND RECEIVE A PRO RATA REFUND OF THE FOREGOING DISCLAIMERFEES PAID FOR THE REMAINING SUBSCRIPTION PERIOD AS OF THE EFFECTIVE DATE OF THE TERMINATION. 8.2 Uitsluiting van garantie. TENZIJ UITDRUKKELIJK AANGEGEVEN IN ARTIKEL 8.1 WORDEN, THE VOOR ZOVER MAXIMAAL WETTELIJK IS TOEGESTAAN, DE SOFTWARE IS NOT SPECIFICALLY DESIGNEDEN DIENSTEN DOOR ALFRESCO GELEVERD ZONDER ENIGE GARANTIE, MANUFACTURED OR INTENDED FOR USE HETZIJ EXPLICIET OF IMPLICIET, INCLUSIEF ZONDER BEPERKING IMPLICIETE GARANTIES MET BETREKKING TOT DE VERKOOPBAARHEID, NIET- SCHENDING VAN RECHTEN EN GESCHIKTHEID VOOR EEN BEPAALD DOEL. ALFRESCO GARANDEERT NIET DAT DE SOFTWARE OF DIENSTEN VRIJ VAN STORINGEN KUNNEN WORDEN GEBRUIKT OF DAT ALFRESCO ALLE FOUTEN IN DE SOFTWARE ZAL HERSTELLEN. VOOR SCHENDING VAN DE GARANTIEVOORWAARDEN IN ARTIKEL 8.1 BESTAAN DE EXCLUSIEVE VERHAALSMOGELIJKHEDEN DIE ONDERNEMING TER BESCHIKKING STAAN EN DE GEHELE AANSPRAKELIJKHEID VAN ALFRESCO VOOR SCHENDING VAN ARTIKEL 8.1(a) OF (1b) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCEUIT DE HERUITVOERING VAN DIENSTEN DIE TEKORTSCHIETEN, INCLUDING BUT NOT LIMITED TO (AOF INDIEN ALFRESCO EEN SCHENDING NIET OP COMMERCIEEL REDELIJKE WIJZE KAN CORRIGEREN, HEEFT ONDERNEMING HET RECHT OM DE RELEVANTE DIENSTEN TE BEËINDIGEN EN MET INGANG VAN DE DATUM VAN BEËINDIGING, EEN PRO RATA RESTITUTIE TE ONTVANGEN VAN DE ONTVANGEN BETALINGEN VOOR DE TEKORTGESCHOTEN DIENSTEN.. DE EXCLUSIEVE VERHAALSMOGELIJKHEDEN DIE ONDERNEMING TER BESCHIKKING STAAN EN DE GEHELE AANSPRAKELIJKHEID VAN ALFRESCO VOOR SCHENDING VAN ARTIKEL 8.1(d) THE PLANNINGBESTAAN UIT COMMERCIEEL REDELIJKE INSPANNINGEN OM EEN OPLOSSING OF EEN TIJDELIJKE HERSTELLING TE VOORZIEN, CONSTRUCTIONOF OM EEN OMZEILING AAN TE BIEDEN INDIEN ALFRESCO HET PROBLEEM KAN REPRODUCEREN IN EEN ACTUELE ONGEWIJZIGDE RELEASE VAN DE SOFTWARE EN ALS ALFRESCO EEN SCHENDING NIET OP EEN COMMERCIEEL REDELIJKE MANIER KAN HERSTELLEN, MAINTENANCE, CONTROL, OR DIRECT OPERATION HEEFT ONDERNEMING HET RECHT OM DE RELEVANTE INSCHRIJVING TE BEËINDIGEN EN MET INGANG VAN DE DATUM VAN BEËINDIGING EEN PRO RATA RESTITUTIE TE ONTVANGEN VAN DE VOOR DE RESTERENDE INSCHRIJVINGSPERIODE BETAALDE VERGOEDINGEN. 9. LIMITATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USE.DISCLAIMER OF DAMAGES 9. BEPERKING VAN AANSPRAKELIJKHEID EN VRIJWARING VAN SCHADE

Appears in 1 contract

Sources: Master Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO WARRANTIES RELATING TO THE MAXIMUM EXTENT PERMITTED SUPPLY OF THE API IN NANOPARTICLES BY APPLICABLE LAWMIDATECH AND THE MANUFACTURE OF PHARMFILM BY MSRX), NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A WARRANTY OR REPRESENTATION BY EITHER PARTY (I) REGARDING THE EFFECTIVENESS, VALUE, SAFETY, NON TOXICITY, OR PATENTABILITY, OF ANY PATENT TECHNOLOGY, THE SOFTWARE IS PRODUCTS OR ANY INFORMATION OR RESULTS PROVIDED BY EITHER PARTY PURSUANT TO THIS AGREEMENT, OR (II) THAT THE PRODUCTS WILL BE APPROVED OR OTHERWISE SUCCESSFULLY DEVELOPED OR COMMERCIALIZED. EACH PARTY EXPLICITLY ACCEPTS ALL OF THE SAME AS EXPERIMENTAL AND LICENSED "FOR DEVELOPMENT PURPOSES, AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY FROM THE OTHER PARTY. EXCEPT AS IS" WITHOUT WARRANTY OF OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH PARTY EXPRESSLY DISCLAIMS, WAIVES, RELEASES, AND RENOUNCES ANY KINDWARRANTY, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED ANY WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USE.

Appears in 1 contract

Sources: Joint Venture Agreement (Midatech Pharma PLC)

DISCLAIMER OF WARRANTY. TO EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR IN THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONVEYANCES, THE SOFTWARE IS PROVIDED SELLER EXPRESSLY DISCLAIMS AND LICENSED "AS IS" WITHOUT WARRANTY OF NEGATES ANY KINDREPRESENTATION, EITHER EXPRESSED COVENANT OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, AT COMMON LAW, COURSE OF DEALING, TRADE USAGE BY STATUTE OR OTHERWISE) ARE HEREBY EXCLUDED , RELATING TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE CONDITION OF THE SOFTWARE WILL BE UNINTERRUPTED ASSETS AND ANY PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS OF MOVABLE PROPERTY COMPRISING ANY PART OF THE ASSETS INCLUDING (i) ANY IMPLIED OR ERROR FREEEXPRESS WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS; (iii) ANY RIGHTS OF BUYER UNDER APPLICABLE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE PURCHASE PRICE; (iv) ANY CLAIM BY BUYER FOR DAMAGES BECAUSE OF DEFECTS OR OTHER VICES, WHETHER KNOWN OR UNKNOWN; (IIIv) ANY IMPLIED OR EXPRESS WARRANTY REGARDING ENVIRONMENTAL LAWS, THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE RELEASE OF MATERIALS INTO THE ENVIRONMENT, INCLUDING, WITHOUT LIMITATION, NORM OR ASBESTOS, OR PROTECTION OF THE ENVIRONMENT OR HEALTH; OR (vi) ANY IMPLIED OR EXPRESS WARRANTY REGARDING TITLE TO YOU OR APPEAR PRECISELY AS DESCRIBED ANY OF THE ASSETS, EXCEPT FOR THE SPECIAL WARRANTY OF TITLE PROVIDED IN THE ACCOMPANYING DOCUMENTATIONCONVEYANCES. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR IT IS THE RESULTS OBTAINED FROM EXPRESS INTENTION OF BUYER AND SELLER THAT, EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OR IN THE USE CONVEYANCES, THE PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS AND THE CONDITION OF THE SOFTWAREASSETS ARE BEING CONVEYED TO BUYER “AS IS, WHERE IS,” WITH ALL FAULTS, AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR. WITHOUT LIMITING BUYER REPRESENTS TO SELLER THAT AS OF CLOSING BUYER AND/OR ITS REPRESENTATIVES WILL HAVE BEEN GIVEN ALL ACCESS TO THE GENERALITY ASSETS THAT BUYER REASONABLY REQUIRES TO MAKE INSPECTIONS, IT BEING UNDERSTOOD THAT SUCH INSPECTIONS SHALL NOT IMPAIR OR OTHERWISE AFFECT THE VALIDITY OF SELLER’S REPRESENTATIONS AND WARRANTIES OR SELLER’S INDEMNITY OBLIGATIONS SET FORTH IN THIS AGREEMENT OR IN THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USECONVEYANCES.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Magnum Hunter Resources Corp)

DISCLAIMER OF WARRANTY. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE — STATE TEL ON-LINE / FASTTRAK DSLAND THIRD PARTIES WHO CONTRIBUTE TO THE MAXIMUM SERVICE ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE OR COST (INCLUDING CONSEQUENTIAL DAMAGES) YOU OR ANYONE ELSE USING YOUR ACCOUNT MIGHT INCUR DUE TO YOUR USE OR INABILITY TO USE THE SERVICE. IF YOU LIVE IN A STATE WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED ALLOWED BY APPLICABLE LAW. IN NO EVENT SHALL STATE TEL ON-LINE / FASTTRAK DSL LIABILITY OR THE LIABILITY OF THIRD-PARTIES WHO CONTRIBUTE TO THE SERVICE EXCEED LIABILITY (1) FOR INJURY TO PROPERTY OR PERSON CAUSED BY OUR NEGLIGENCE, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY AMOUNT OF ANY KINDDIRECT DAMAGES TO THE PROPERTY OR PERSON, EITHER EXPRESSED OR IMPLIED(2) FOR ALL OTHER CLAIMS, INCLUDING, BUT NOT LIMITED TOACTIONS OR DAMAGES PERMITTED UNDER THIS AGREEMENT, THE AMOUNT YOU PAID US FOR OUR SERVICE CHARGES DURING THE AFFECTED PERIOD. STATE TEL ON-LINE / FASTTRAK DSLAND THIRD-PARTIES WHO CONTRIBUTE TO STATE TEL ON-LINE / FASTTRAK DSL SERVICE MAKE NO EXPRESS OR IMPLIED WARRANTY WARRANTIES (INCLUDING WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT NONINFRINGEMENT, AND IMPLIED WARRANTIES OF‌ MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES), REPRESENTATIONS, CONDITIONS AND TERMSOR ENDORSEMENTS REGARDING STATE TEL ON-LINE / FASTTRAK DSL SERVICE OR ANY THIRD-PARTY MATERIAL AVAILABLE THROUGH THE SERVICE. FURTHERMORE, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTETHE SERVICE IS PROVIDED ON AN “AS IS, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AS AVAILABLE” BASIS — WE DO NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE IT WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, (III) THE SOFTWARE OR THAT DEFECTS IN SERVICE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONBE CORRECTED. 2, Indemnification. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR TO DEFEND, INDEMNIFY AND HOLD HARMLESS INOC, ITS EMPLOYEES AND THIRD-PARTIES WHO CONTRIBUTE TO THE RESULTS OBTAINED SERVICE FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERANY LOSS, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROLDAMAGE, OR DIRECT OPERATION COST (INCLUDING ATTORNEYS' FEES) RESULTING FROM YOUR VIOLATION OF NUCLEAR FACILITIESLAW OR THE TERMS OF THIS AGREEMENT, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USE.ACTIVITY RELATED TO YOUR ACCOUNT.‌

Appears in 1 contract

Sources: Service Provider Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS SET FORTH IN SECTION 7.1, THE SOFTWARE IS SCC AND SUPPORT SERVICES ARE PROVIDED AND LICENSED "AS IS, WITH ALL FAULTS" WITHOUT WARRANTY AND "AS AVAILABLE." CLOUDNOSYS AND ITS AFFILIATES AND LICENSORS EACH SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, GUARANTEES, CONDITIONS, OR WARRANTIES OF ANY KIND, EITHER EXPRESSED WHETHER EXPRESS, IMPLIED, STATUTORY OR IMPLIEDOTHERWISE ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTY WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR QUIET ENJOYMENT. FURTHER, CLOUDNOSYS DOES NOT REPRESENT OR WARRANT ANY OF THE FOLLOWING: (A) THAT SCC WILL GUARANTEE ABSOLUTE SECURITY OF ANY DEVICES, FILES, NETWORKS, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED ENDPOINTS DUE TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT CONTINUAL DEVELOPMENT OF NEW/UNKNOWN THREAT TECHNIQUES FOR INTRUDING UPON AND ATTACKING DEVICES, FILES, NETWORKS, AND ENDPOINTS; (B) THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE SCC WILL BE UNINTERRUPTED OR ENTIRELY SECURE, REGULATORY COMPLIANCE, OPERATE UNINTERRUPTED, ERROR FREE, BE FAILSAFE, OR THAT COMPANY DATA OR COMPANY'S SYSTEMS WILL BE SECURE OR NOT OTHERWISE COMPROMISED OR DAMAGED; (IIIC) THE SOFTWARE THAT SCC RESULTS, ADVICE, REPORTS, OR DATA, WILL BE FREE FROM ERRORS OR COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE ANY PARTICULAR LAW; (D) ANY RESULTS THAT COMPANY MAY ACHIEVE OR ANTICIPATE; OR (E) THAT SCC WILL PROVIDE COMPLETE AND ABSOLUTE PROTECTION AGAINST ANY OR ALL SECURITY THREATS OR OTHER POSSIBLE RISKS. CONNECTION WITH: (A) COMPANY'S USE OR INABILITY TO YOU ACCESS OR APPEAR PRECISELY USE SCC, INCLUDING AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE A RESULT OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN ANY (1) FACILITIES TERMINATION OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCESUSPENSION OF THESE TERMS OF USE OR COMPANY'S USE OF, OR ACCESS TO, SCC, (2) DISCONTINUATION OF, OR MODIFICATION TO, ANY OR ALL OF AWS SERVICE, SCC, OR SUPPORT SERVICES, OR, (3) ANY DOWNTIME OF ALL OR A PORTION OF SCC OR AWS SERVICE FOR ANY REASON, INCLUDING BUT NOT LIMITED TO (A) THE PLANNINGAS A RESULT OF POWER OUTAGES, CONSTRUCTIONSYSTEM FAILURES, MAINTENANCE, CONTROLAWS PLATFORM OR INTERNET FAILURES, OR DIRECT OPERATION OF NUCLEAR FACILITIES, OTHER INTERRUPTIONS; (B) AIRCRAFT NAVIGATIONASSERTIONS OR CLAIMS THAT SCC DID NOT PROTECT COMPANY OR ITS SYSTEMS AGAINST ALL SECURITY BREACHES OR ANY OR ALL POSSIBLE SECURITY THREATS, CONTROL MALFUNCTIONS, MALICIOUS CODE OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, OTHER VULNERABILITIES; (C) DIRECT LIFE SUPPORT SYSTEMS ERRORS IN SCC CAUSED BY VULNERABILITIES, VIRUS INFECTION, WORM OR OTHER MALICIOUS CODE; (2D) SIMILAR ULTRA- HAZARDOUS THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR SERVICES; (E) ANY SUCH USE.INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY COMPANY IN CONNECTION WITH THESE TERMS OF USE OR COMPANY'S USE OF, OR ACCESS TO, SCC; OR

Appears in 1 contract

Sources: End User License Agreement

DISCLAIMER OF WARRANTY. TO BY USING THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWPRODUCT, YOU ACKNOWLEDGE AND AGREE THAT PURECODE AI AND ITS LICENSORS PROVIDE THE SOFTWARE IS PROVIDED PRODUCTS AND LICENSED GENERATED CODE ON AN "AS IS" AND "WHERE-AS" BASIS, WITHOUT WARRANTY ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND. NEITHER PURECODE AI NOR ITS LICENSORS MAKE ANY EXPRESS, EITHER EXPRESSED OR IMPLIED, INCLUDINGSTATUTORY, OR OTHER WARRANTIES CONCERNING THE PERFORMANCE, RELIABILITY, OR SUITABILITY OF THE PRODUCT OR GENERATED CODE FOR YOUR SPECIFIC PROJECT OR USE CASE. PURECODE AI AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE TO ANY IMPLIED WARRANTY WARRANTIES OF QUALITYNON-INFRINGEMENT OF THIRD- PARTY RIGHTS, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT THE GENERATED CODE PROVIDED BY THE PRODUCT MAY CONTAIN ERRORS, BUGS, OR OTHER DEFECTS, AND SUCH IMPLIED WARRANTIESPURECODE AI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, ANY OTHER WARRANTIESCOMPLETENESS, REPRESENTATIONS, CONDITIONS OR RELIABILITY OF THE GENERATED CODE. YOU ASSUME ALL RISKS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) LIABILITIES ASSOCIATED WITH THE USE OF THE SOFTWARE WILL PRODUCT AND THE GENERATED CODE, AND PURECODE AI SHALL NOT BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY HELD RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERANY DAMAGES, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROLLOSSES, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY COSTS ARISING FROM SUCH USE, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE.

Appears in 1 contract

Sources: Software Agreement

DISCLAIMER OF WARRANTY. 14.1. THE CLOUD SERVICE (INCLUDING THE COUCHBASE SOFTWARE), DOCUMENTATION AND ANY PROFESSIONAL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COUCHBASE PARTIES DO NOT REPRESENT OR WARRANT THAT THE CLOUD SERVICE, DOCUMENTATION OR PROFESSIONAL SERVICES PROVIDED WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE OPERATION OF THE CLOUD SERVICE OR DOCUMENTATION WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, COMPLETE OR FREE OF HARMFUL CODE, THAT DEFECTS WILL BE CORRECTED,OR THAT ANY INFORMATION OR ADVICE GIVEN BY THE COUCHBASE PARTIES WILL CREATE ANY WARRANTY. THE COUCHBASE PARTIES (A) DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THE CLOUD SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES, (B) ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS, AND (C) ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE CLOUD SERVICE THAT ARISE FROM CUSTOMER OR THIRD-PARTY CONTENT (AS DEFINED HEREIN).. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KINDCOUCHBASE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EITHER EXPRESSED EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDINGINCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AVAILABILITY, NON-INFRINGEMENT, AND SUCH IMPLIED WARRANTIESTITLE, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, WARRANTIES ARISING OUT OF COURSE OF DEALING, TRADE USAGE OR OTHERWISE) TRADE. 14.2. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE CLOUD SERVICE ARE HEREBY EXCLUDED INTENDED TO BE USED ONLY WITH THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT COUCHBASE SOFTWARE THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IS DEPLOYED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERCUSTOMER CLOUD ENVIRONMENT, THE AND NOT WITH ANY OTHER SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEENVIRONMENT.

Appears in 1 contract

Sources: Cloud Service Subscription Agreement

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "You expressly acknowledge and agree that the use of the Software is at your own risk. The Software is provided “AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT ” and without warranty of any kind. NUREVA AND FITNESS FOR A PARTICULAR PURPOSE, ITS LICENSORS EXPRESSLY DISCLAIM AND SUCH IMPLIED MAKE NO WARRANTIES, ANY OTHER WARRANTIESCONDITIONS, REPRESENTATIONS, CONDITIONS AND REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED (AND IMPLIED, WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE CUSTOM OR USAGE OR OTHERWISE) ARE HEREBY EXCLUDED OTHERWISE AS TO THE FULLEST EXTENT PERMITTED BY LAWSOFTWARE OR ANY COMPONENT THEREOF, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, QUIET ENJOYMENT, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. LIFERAY DOES NUREVA AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT (I) THE FUNCTIONS PROVIDED BY THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) OR THAT THE OPERATION OF THE SOFTWARE WILL BE FREE FROM ERRORS OR DEFECTS, EFFECTIVE OR CORRECT. FURTHERMORE, NUREVA AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED IN TERMS OF ITS FREEDOM FROM ERROR OF DEFECT, EFFECTIVENESS, CORRECTNESS, ACCURACY, RELIABILITY, PERFORMANCE OR ERROR FREEOTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NUREVA OR ITS LICENSORS OR THEIR AUTHORIZED OR PURPORTED REPRESENTATIVES SHALL CREATE A WARRANTY. Nureva and its Licensors do not war- rant that any device, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA- HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USEsoftware or data will not be damaged by the Software.

Appears in 1 contract

Sources: Software License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS STATED UNDER SECTION 6.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS SERVICES (INCLUDING ANY SOFTWARE) AS PROVIDED BY LIFERAY AND ITS AFFILIATES ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, AND ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON CASE LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES AND ITS AFFILIATES DO NOT WARRANT GUARANTEE THAT (I) THE SERVICES OR ANY SOFTWARE WILL PROVIDED UNDER THE AGREEMENT HAVE BEEN DESIGNED TO MEET YOUR CUSTOMER’S SPECIFIC BUSINESS REQUIREMENTS, (II) THE USE OF THE SUCH SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO YOU CUSTOMER, OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATIONTHAT LIFERAY WILL CORRECT ALL SOFTWARE ERRORS. YOU AGREE CUSTOMER AGREES THAT YOU ARE IT IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARESERVICES AND SOFTWARE PROVIDED UNDER THE AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SERVICES AND ANY SOFTWARE IS PROVIDED UNDER THE AGREEMENT ARE NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1I) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, , (C) DIRECT LIFE SUPPORT SYSTEMS OR (2II) SIMILAR ULTRA- ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE THE CUSTOMER IS SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ASSUMES ALL RISK FOR ANY SUCH USE. nombre d'Unités pour lequel il a payé, Liferay facturera également le Client pour ▇▇▇ ▇▇▇▇▇ raisonnables qu’il a engagés dans le cadre de l’audit dans la facture des Unités sous-déclarées. Le Client paiera à Liferay ▇▇▇ ▇▇▇▇▇ ensemble avec les frais pour les Services applicables fournis associés aux Unités sous-déclarées sous quinze (15) jours de la date de la facture.

Appears in 1 contract

Sources: Enterprise Services Agreement