Common use of DISCLAIMER OF WARRANTY Clause in Contracts

DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREIN, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMED.

Appears in 1 contract

Sources: Licensed Publisher Agreement (Interplay Entertainment Corp)

DISCLAIMER OF WARRANTY. EXCEPT 10.1 THE SOFTWARE, DOCUMENTATION AND ANY PROFESSIONAL SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS” WITHOUT WARRANTY OF ANY KIND INCLUDING THAT THE SOFTWARE, NEITHER SCEA NOR DOCUMENTATION OR PROFESSIONAL SERVICES PROVIDED HEREUNDER WILL MEET CUSTOMER’S REQUIREMENTS, OPERATE IN THE COMBINATIONS CUSTOMER MAY SELECT FOR USE, WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ALL SOFTWARE ERRORS OR DEFECTS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COUCHBASE, ANY OF ITS AFFILIATES AND SUPPLIERS MAKEOR LICENSORS (COLLECTIVELY, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR THE “COUCHBASE PARTIES”) HEREBY DISCLAIM ALL WARRANTIES, EXPRESSEITHER EXPRESSED OR IMPLIED, IMPLIED OR STATUTORYINCLUDING, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL BUT NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY LIMITED TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, TITLE, AND THEIR EQUIVALENTS UNDER ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. THE LAWS OF ANY JURISDICTIONCOUCHBASE PARTIES DO NOT WARRANT THAT THE SOFTWARE IS DESIGNED, REGARDING MANUFACTURED, OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL- SAFE PERFORMANCE WHERE THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) FAILURE OF THE UNIFORM COMMERCIAL CODE AND/PRODUCT COULD LEAD TO DEATH, PERSONAL INJURY, OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDSIGNIFICANT PHYSICAL OR ENVIRONMENTAL DAMAGE.

Appears in 1 contract

Sources: Enterprise Subscription License Agreement

DISCLAIMER OF WARRANTY. EXCEPT YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND YOUR RELIANCE ON THE OPERATION, OUTPUT OR RESULTS OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINTO SATISFACTORY QUALITY, NEITHER SCEA NOR ITS AFFILIATES PERFORMANCE, ACCURACY, TIMELINESS, CORRECTNESS, RELIABILITY, AND SUPPLIERS MAKEEFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOR DOES PUBLISHER RECEIVETHE WEBSITE AND ANY SERVICES PERFORMED OR PROVIDED BY THE WEBSITE ("APPLICATION SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE", ANDY REPRESENTATIONS OR WARRANTIESWITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DIABESITYMD, PLLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ANY APPLICATION SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALSINCLUDING, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMBUT NOT LIMITED TO, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER IMPLIED WARRANTIES AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURYCONDITIONS OF MERCHANTABILITY, LOSS OR DAMAGEOF SATISFACTORY QUALITY, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OF ACCURACY, AND THEIR EQUIVALENTS UNDER THE LAWS NON-INFRINGEMENT OF ANY JURISDICTIONTHIRD-PARTY RIGHTS. DIABESITYMD, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY PLLC DOES NOT WARRANT AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) INTERFERENCE WITH YOUR ENJOYMENT OF THE UNIFORM COMMERCIAL CODE AND/WEBSITE, THAT THE FUNCTIONS CONTAINED IN, OR APPLICATION SERVICES PERFORMED OR PROVIDED BY, THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR APPLICATION SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDTHE WEBSITE OR APPLICATION SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DIABESITYMD, PLLC OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE WEBSITE OR APPLICATION SERVICES 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.

Appears in 1 contract

Sources: Terms and Conditions of Use

DISCLAIMER OF WARRANTY. EXCEPT CUSTOMER EXPRESSLY AGREES THAT USE OF THE ▇▇▇.▇▇▇ SERVICES IS AT CUSTOMER'S SOLE RISK. NEITHER ▇▇▇.▇▇▇, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE WARRANT THAT THE ▇▇▇.▇▇▇ SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINTO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ▇▇▇.▇▇▇ SERVICES OR AS TO THE ACCURACY, NEITHER SCEA NOR RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE ▇▇▇.▇▇▇ SERVICES. THE ▇▇▇.▇▇▇ SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ▇▇▇.▇▇▇, ITS AFFILIATES AND SUPPLIERS MAKEEMPLOYEES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY, NOR DOES PUBLISHER RECEIVESHALL CUSTOMER RELY ON ANY SUCH INFORMATION OR ADVICE. LIMITATION OF LIABILITY, ANDY REPRESENTATIONS UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ▇▇▇.▇▇▇ OR WARRANTIESANYONE ELSE INVOLVED IN CREATING, EXPRESS, IMPLIED PRODUCING OR STATUTORY, REGARDING DISTRIBUTING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT ▇▇▇.▇▇▇ SERVICES BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, ARISING OUT OF CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE ▇▇▇.▇▇▇ SERVICES, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A CUSTOMER ON ANY UNITS AND/INFORMATION OBTAINED ON THE ▇▇▇.▇▇▇ SERVICES; OR THAT RESULT FROM ANY MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY SOFTWARE ERRORS AND/FAILURE OF PERFORMANCE, WHETHER OR "BUGS" NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ▇▇▇.▇▇▇'S RECORDS, PROGRAMS OR SERVICES, CUSTOMER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE THROUGH THE ▇▇▇.▇▇▇ SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN PUBLISHERSUCH STATES ▇▇▇.▇▇▇'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING LIABILITY IS LIMITED TO THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDGREATEST EXTENT PERMITTED BY LAW.

Appears in 1 contract

Sources: Leased Line / Resale Agreement (Worldwide Wireless Inc)

DISCLAIMER OF WARRANTY. THE ▇▇▇.▇▇-▇▇▇▇.▇▇▇ WEBSITES AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS, AS AVAILABLE” BASIS, AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS OTHERWISE EXPRESSLY SPECIFICALLY SET FORTH ---------------------- HEREININ THIS AGREEMENT, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WARRANTIES OF ANY KIND REGARDING THE SONY MATERIALSWWW.DR- ▇▇▇▇.▇▇▇ WEBSITES AND SERVICES, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMANY PRODUCTS MADE AVAILABLE TO YOU IN CONNECTION THEREWITH, THE UNITS OR YOUR ACCESS TO OR USE OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTIONPURPOSE, REGARDING THE SONY MATERIALSTITLE, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATIERAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE ▇▇▇.▇▇-▇▇▇▇.▇▇▇ WEBSITES AND/OR OUR SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE ▇▇▇.▇▇-▇▇▇▇.▇▇▇ WEBSITES AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDHARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Sources: Terms of Use Agreement

DISCLAIMER OF WARRANTY. SNACK MEDIA MAKES NO REPRESENTATION OR WARRANTY AS TO THE AMOUNT OF REVENUE OR PROFIT TO BE DERIVED OR PROVIDED UNDER THIS AGREEMENT, OR AS TO THE PERFORMANCE OF THE SNACK MEDIA NETWORK OR THE SERVICES PROVIDED HEREUNDER. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SNACK MEDIA HEREBY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE SNACK MEDIA NETWORK, THE NETWORK TAGS, SNACK MEDIA’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES WHICH MAY ARISE UNDER APPLICABLE LAW, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREIN, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMUNDER THIS AGREEMENT, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED SNACK MEDIA NETWORK, THE NETWORK TAGS AND ALL OTHER SNACK MEDIA SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AN “AS-IS” AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMED“AS AVAILABLE” BASIS.

Appears in 1 contract

Sources: Snack Media Online Advertising Representation Agreement for Publishers

DISCLAIMER OF WARRANTY. EXCEPT FUNDPANEL PROVIDES THE SERVICE AND THE SOFTWARE "AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, NEITHER SCEA NOR PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. FUNDPANEL, ITS AFFILIATES AFFILIATES, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (COLLECTIVELY, THE "FUNDPANEL PARTIES") MAKE NO WARRANTIES. THE FUNDPANEL PARTIES DISCLAIM ANY AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORYSTATUTORY AND IMPLIED, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED LIMITATION (1) WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND THEIR EQUIVALENTS UNDER THE LAWS NON-INFRINGEMENT; (2) WARRANTIES ARISING THROUGH COURSE OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS DEALING OR USAGE OF TRADE; AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT (3) WARRANTIES THAT MAY BE PROVIDED IN SECTION 2-312(3) ACCESS TO OR USE OF THE UNIFORM COMMERCIAL CODE AND/SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. FUNDPANEL MAY CHANGE THE SERVICE OR THE FEATURES IN ANY OTHER COMPARABLE STATUE WAY, AND AT ANY TIME AND FOR ANY REASON; AND (4) ANY WARRANTIES OF NON-INTERFERENCE OR ACCURACY OF INFORMATIONAL CONTENT. NO FUNDPANEL DEALER, AGENT, OR EMPLOYEE IS EXPRESSLY DISCLAIMEDAUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS WARRANTY.

Appears in 1 contract

Sources: Software License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREIN, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The THE LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMED.

Appears in 1 contract

Sources: Licensed Publisher Agreement (Interplay Entertainment Corp)

DISCLAIMER OF WARRANTY. EXCEPT THE SITE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” FOR YOUR INFORMATION AND PERSONAL NON-COMMERCIAL USE ONLY AND MAY NOT BE USED, COPIED, REPRODUCED, DISTRIBUTED, TRANSMITTED, BROADCAST, DISPLAYED, SOLD, LICENSED, OR OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREIN, NEITHER SCEA NOR ITS AFFILIATES EXPLOITED FOR ANY OTHER PURPOSES WHATSOEVER WITHOUT THE PRIOR WRITTEN CONSENT OF DEXNET INFORMATION TEHNOLOGY CO ALL USE OF THE SITE IS AT YOUR OWN RISK. DEXNET INFORMATION TEHNOLOGY CO DISCLAIMS ALL REPRESENTATIONS AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIES, EXPRESSEXPRESS OR IMPLIED, IMPLIED OR STATUTORY, REGARDING OF ANY KIND WITH RESPECT TO THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED SITE INCLUDING WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. THIS DISCLAIMER WILL APPLY TO THE LAWS FULLEST EXTENT PERMITTED BY APPLICABLE LAW.WITHOUT IN ANY WAY LIMITING ANY OTHER PROVISION HEREIN, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) DELIVERY OF THE UNIFORM COMMERCIAL CODE AND/SITE OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDPART OF THE CONTENT CONTAINED WITHIN OR PRESENTED BY THE SITE.

Appears in 1 contract

Sources: User Agreement

DISCLAIMER OF WARRANTY. EXCEPT THE SOFTWARE AND DOCUMENTATION ARE PROVIDED 'AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS'.TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SCEA NOR ITS AFFILIATES ICHEMLABS DISCLAIMS ALLWARRANTIES OF ANY KIND RELATING TO THE SOFTWARE AND SUPPLIERS MAKEDOCUMENTATION,EITHER EXPRESS OR IMPLIED, NOR DOES PUBLISHER RECEIVEINCLUDING, ANDY REPRESENTATIONS OR WARRANTIESWITHOUTLIMITATION, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR APARTICULAR PURPOSE OR USE, QUALITY AND THEIR EQUIVALENTS UNDER NON- INFRINGEMENT.ICHEMLABS DOES NOT WARRANT THAT THE LAWS OF FUNCTIONSCONTAINED IN THE SOFTWARE WILL MEET ANY JURISDICTION, REGARDING REQUIREMENTS OR NEEDS YOU MAY HAVE,OR THAT DATA GENERATED FROM ANY FUNCTIONS OR ALGORITHMS IS ACCURATE OR CORRECT,OR THAT THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/SOFTWARE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTEDFASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, ORTHAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM, OR THAT ANYSERVICE INCLUDING BUT NOT LIMITED TO CLOUD OR STORAGE SERVICESWILL BE AVAILABLE OR OPERATIONAL. ICHEMLABS IS NOTOBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE.ICHEMLABS RESERVES THE RIGHT TO MAKE ANY SERVICE (INCLUDING ANY CLOUD ORSTORAGE SERVICE) UNAVAILABLE FOR AN INDEFINITEAMOUNT OF TIME FOR MAINTENANCE, OR TO CANCEL A SERVICE, OR TO CHARGE FOR ASERVICE, OR CHANGE A SERVICE WITH OR WITHOUT NOTIFICATION OR ANNOUNCEMENT, FORANY REASON, WITHOUT ANY LIABILITY TO YOU, ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDUSER, ORANY THIRD PARTY.

Appears in 1 contract

Sources: Software License Agreement

DISCLAIMER OF WARRANTY. YOU AGREE THAT YOUR USE OF THE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTY SERVICE PROVIDERS) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER THE BANK NOR ANY THIRD PARTY SERVICE PROVIDER MAKES ANY EXPRESS OR IMPLIED WARRANTY AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, QUALITY, ACCURACY, OR SUITABILITY OF THE SERVICE, AND NEITHER THE BANK NOR ANY THIRD PARTY SERVICE PROVIDER MAKES ANY OTHER WARRANTY WITH RESPECT TO THE SERVICE EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREIN, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR THOSE WARRANTIES, EXPRESSPROMISES, IMPLIED COMMITMENTS, GUARANTEES, OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" REPRESENTATIONS SPECIFICALLY STATED IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCSTHIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS THE BANK EXPRESSLY DISCLAIM THE IMPLIED DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SONY MATERIALSOPERATION, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) PERFORMANCE OR FUNCTIONALITY OF THE UNIFORM COMMERCIAL CODE AND/SERVICE, INCLUDING, WITHOUT LIMITATION, THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR IN BE ERROR FREE. YOU FURTHER ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND TELECOMMUNICATION LINES OR CIRCUITS. YOU HEREBY ASSUME ALL OF THE FOREGOING RISKS. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDBANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR THE SERVICE.

Appears in 1 contract

Sources: Remote Deposit Service Agreement

DISCLAIMER OF WARRANTY. (a) IF PEROT SYSTEMS ACQUIRES ANY THIRD-PARTY SOFTWARE, HARDWARE OR SERVICES FOR CALPX UNDER THIS AGREEMENT AT THE REQUEST OF CALPX, PEROT SYSTEMS SHALL PROVIDE SUCH THIRD-PARTY SOFTWARE, HARDWARE OR SERVICES ON AN "AS IS" BASIS, BUT PEROT SYSTEMS SHALL USE REASONABLE COMMERCIAL EFF▇▇▇▇ TO ASSIST CALPX IN ENFORCING ANY THIRD-PARTY WARRANTY AND SHALL PASS THROUGH TO CALPX THE BENEFIT OF ANY SUCH WARRANTY. (b) EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINMAY BE SPECIFICALLY PROVIDED IN THIS AGREEMENT, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS EACH PARTY DOES NOT MAKE, NOR DOES PUBLISHER RECEIVEAND HEREBY DISCLAIMS, ANDY ANY REPRESENTATIONS OR WARRANTIES, EXPRESSEXPRESS OR IMPLIED, IMPLIED INCLUDING WITHOUT LIMITATION ANY WARRANTY OF THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR STATUTORYRESULTS TO BE DERIVED FROM THE USE OF ANY RESOURCES, REGARDING THE SONY MATERIALS, SCEASERVICES OR MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT. (c) PEROT SYSTEMS DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES THAT ANY SERVICES PROVIDED UNDER THIS AGREEMENT SHALL IDENTIFY OR RESOLVE CALPX'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCSYEAR 2000 PROBLEM AREAS. SCEA PEROT SYSTEMS SHALL NOT BE LIABLE FOR ANY INJURY, LOSS FAILURE ▇▇ ▇DENTIFY OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT CORRECT CALPX'S YEAR 2000 PROBLEM AREAS REGARDLESS OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY FORM OF THE FOREGOINGCLAIM, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS EXCEPT FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED PEROT SYSTEMS OBLIGATIONS TO PROVIDE SERVICES DES▇▇▇▇▇D IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMED9.4.

Appears in 1 contract

Sources: Information Technology Services Agreement (Perot Systems Corp)

DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINOUT IN SECTION VII (WARRANTY) HEREOF, NEITHER SCEA NOR UNLESS REQUIRED BY APPLICABLE LAW, BIGANIMAL AND SERVICES ARE PROVIDED TO CUSTOMER “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND. EDB AND ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR DISCLAIM ALL OTHER WARRANTIES, EXPRESSEITHER EXPRESS OR IMPLIED, IMPLIED INCLUDING ANY WARRANTIES OR STATUTORYCONDITIONS OF TITLE, REGARDING THE SONY MATERIALSMERCHANTABILITY, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMCORRECTNESS, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER RELIABILITY, AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, ALL OF WHICH ARE HEREBY DISCLAIMED. EDB AND THEIR EQUIVALENTS UNDER ITS SUPPLIERS DO NOT WARRANT THAT THE LAWS SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED. BETA SERVICES ARE PROVIDED “AS IS,” EXCLUSIVE OF ANY JURISDICTION, REGARDING WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEMUSE OF BETA SERVICES. EDB WILL HAVE NO LIABILITY FOR ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) HARM OR DAMAGE ARISING OUT OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDCONNECTION WITH A BETA SERVICE.

Appears in 1 contract

Sources: Biganimal Terms

DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREIN, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY RECEIVE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The THE LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B BE REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND AND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, JURISDICTION REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE STATUTE IS EXPRESSLY DISCLAIMED.

Appears in 1 contract

Sources: Licensed Publisher Agreement (Atari Inc)

DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE EXPRESSLY WITH THE EXCEPTION OF THE SERVICE LEVEL COMMITMENT SET FORTH ---------------------- HEREIN, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMIN SECTION 2.4, THE UNITS SERVICES UNDER THIS AGREEMENT ARE PROVIDED “AS-IS,” EXCLUSIVE OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE ANY WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR ANY INJURYA PARTICULAR PURPOSE, LOSS OR DAMAGENONINFRINGEMENT, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OTHER WARRANTY, WHETHER EXPRESS OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCSIMPLIED. SEW DOES NOT WARRANT THAT THE SERVICES ARE OR WILL BE ERROR-FREE OR MEET ALL CUSTOMER REQUIREMENTS. WITHOUT LIMITING THE GENERALITY FOREGOING, SERVICES MAY BE SUBJECT TO LIMITATIONS OF THE FOREGOINGTELECOMMUNICATIONS PROVIDER, SCEA ND ITS AFFILIATES HOSTING ENVIRONMENT, DELAYS, INTERNET SERVICE PROVIDER, THIRD PARTIES, ACTIONS OR INACTIONS OF THE CUSTOMER, AND SUPPLIERS EXPRESSLY DISCLAIM OTHER PROBLEMS INHERENT TO THE IMPLIED WARRANTIES USE OF MERCHANTABILITY MASS-MARKET NOTIFICATION SERVICES AND FITNESS ELECTRONIC COMMUNICATIONS. SEW IS NOT RESPONSIBLE FOR A PARTICULAR PURPOSE ANY DELAYS, DELIVERY FAILURES, DELETIONS, LOSS OF DATA, DATA CORRUPTION, THIRD-PARTY PUBLICATION, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS NOT CAUSED BY SEW OR OUTSIDE OF SEW’S REASONABLE CONTROL. TO THE EXTENT SUCH DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND THEIR EQUIVALENTS UNDER THE LAWS DURATION OF ANY JURISDICTION, REGARDING APPLICABLE WARRANTY WILL BE THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS MINIMUM PERMITTED UNDER SUCH LAW. SEW SHALL NOT BE LIABILE AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/WILL HAVE NO OBLIGATION TO INDEMNIFY CUSTOMER FOR END USER DATA OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDPERSONALLY IDENTIFIABLE INFORMATION SENT TO SEW.

Appears in 1 contract

Sources: Order Form

DISCLAIMER OF WARRANTY. EXCEPT THE SOFTWARE IS PROVIDED TO YOU “AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SCEA NOR ALD AND ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESSEXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR STATUTORY, REGARDING LACK OF VIRUSUS. ALD DOES NOT WARRANT THAT THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE ERROR FREE. THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ENTIRE RISK ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY PERFORMANCE OF THE FOREGOINGSOFTWARE REMAINS WITH YOU. YOU UNDERSTAND AND AGREE THAT ANY SOFTWARE, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) USE OF THE UNIFORM COMMERCIAL CODE AND/SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SYSTEM OR NETWORK, INCLUDING ANY LOSS OR CORRUPTION OF DATA. ALD DOES NOT REPRESENT OR WARRANT THAT ALL ERRORS IN ANY OTHER COMPARABLE STATUE THE SOFTWARE AND DOCUMENTATION WILL BE CORRECTED. NO AGENT OF ALD IS EXPRESSLY DISCLAIMEDAUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF ALD AS SET FORTH HEREIN.

Appears in 1 contract

Sources: End User License Agreement

DISCLAIMER OF WARRANTY. EXCEPT TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE AND SERVICE AND ANY THIRD-PARTY SOFTWARE OR SERVICE ARE PROVIDED ON AN "AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS" AND "AS AVAILABLE" BASIS, NEITHER SCEA NOR WITH ALL FAULTS. SYMANTEC AND ITS AFFILIATES AND SUPPLIERS MAKELICENSORS PROVIDE THE SERVICE WITHOUT WARRANTIES OF ANY KIND, NOR DOES PUBLISHER RECEIVEWRITTEN OR ORAL, ANDY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALSEITHER EXPRESS OR IMPLIED, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMINCLUDING WITHOUT LIMITATION, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, INCLUDING THOSE ARISING FROM COURSE OF DEALING OR COURSE OF TRADE AND DISCLAIMS ANY SUCH WARRANTIES. SYMANTEC AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. NO ADVICE OR INFORMATION GIVEN BY SYMANTEC, ITS LICENSORS, AFFILIATES, ITS AGENTS, OR ITS CONTRACTORS OR THEIR EQUIVALENTS UNDER RESPECTIVE EMPLOYEES WILL VARY THE LAWS TERMS OF THIS AGREEMENT OR CREATE ANY JURISDICTIONWARRANTY. SYMANTEC IS NOT RESPONSIBLE FOR DEFACEMENT, REGARDING THE SONY MATERIALSMISUSE, SCEA'S CONFIDENTIAL INFORMATIONABUSE, LICENSED PRODUCTSNEGLECT, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) IMPROPER USE OF THE UNIFORM COMMERCIAL CODE AND/SERVICES BY YOU, FORCE MAJEURE EVENTS OUT OF SYMANTEC’S REASONABLE CONTROL SUCH AS (I) IMPROPER ELECTRICAL VOLTAGES OR CURRENT, (II) REPAIRS, ALTERATIONS, MODIFICATIONS BY OTHERS, (III) ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE ELEMENTS. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SYMANTEC TECHNICAL SUPPORT IS NOT WARRANTED AND IS USED AT YOUR OWN RISK. SYMANTEC AND ITS LICENSORS MAKE NO WARRANTY REGARDING TRANSACTIONS EXECUTED AND CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE. TO THE EXTENT THAT ANY LIMITATION IN ANY OTHER COMPARABLE STATUE THIS SECTION IS EXPRESSLY DISCLAIMEDNOT PERMITTED BY APPLICABLE LAW, SUCH LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT IT IS BARRED BY APPLICABLE LAW.

Appears in 1 contract

Sources: Terms of Service and End User License Agreement

DISCLAIMER OF WARRANTY. LIABILITY. 7.1. Since functional capabilities of the Products are constantly supplemented and updated, the form and the nature of the Products and services provided on their basis can change from time to time without prior notice of the User. The Licensor shall have the right at his own discretion to stop (temporarily or finally) providing or supporting the Products (or any separate parts of the Products) in favor of the Users, and also to alter or withdraw the License without prior notice. 7.2. EXCEPT AS OTHERWISE FOR EXPRESSLY SET FORTH ---------------------- HEREIN, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR LICENSOR MAKES NO ANY ADDITIONAL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS OR ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) OR SERVICES SUPPLIED HEREUNDER. 7.3. THE PRODUCTS IS PROVIDED ‘AS IS’. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, LICENSOR HEREBY EXPRESSLY DISCLAIMS ANY WARRANTIES WHETHER EXPRESS, IMPLIED IMPLIED, OR STATUTORY, REGARDING THE SONY MATERIALSINCLUDING WITHOUT LIMITATION, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMWARRANTIES OR CONDITIONS OF MERCHANTABILITY, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. 7.4. LICENSOR MAKES NO ANY WARRANTIES THAT THE PRODUCTS SHALL CORRESPOND TO USER’S DEMANDS, REGARDING THAT THE SONY MATERIALSPRODUCTS SHALL FUNCTION IN COMBINATION CHOSEN FOR THE USE OR TOGETHER WITH DIFFERENT PRODUCTS OF A THIRD PARTY, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) FUNCTIONING OF THE UNIFORM COMMERCIAL CODE AND/PRODUCTS WILL BE FAILURE-FREE OR IN FAULT-FREE, AND THAT ALL FAULTS OF THE PRODUCTS WILL BE CORRECTED. 7.5. UNDER NO CIRCUMSTANCES SHALL LICENSOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, STATUTORY, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OF ANY KIND WHATSOEVER, OR FOR ANY LOST PROFITS, BUSINESS OR REVENUE, LOSS OF USE OR GOODWILL, OR OTHER LOST ECONOMIC ADVANTAGE, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE BREACH HEREOF, WHETHER SUCH CLAIMS ARE BASED ON BREACH OF CONTRACT, STRICT LIABILITY, TORT, ANY FEDERAL OR STATE STATUTORY CLAIM, OR ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDLEGAL THEORY AND EVEN IF LICENSOR KNEW, SHOULD HAVE KNOWN, OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7.6. NOTWITHSTANDING ANYTHING ELSE, THE LICENSOR’S TOTAL LIABILITY IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE AMOUNT OF LICENSE FEE PAID BY USER TO LICENSOR FOR THE LICENSE TO THE PRODUCT THE USE OF WHICH CAUSED SUCH LIABILITY 7.7. The User is responsible for any violation of the obligations provided by the Agreement and (or) an applicable legislation, and also for all the consequences of such violations (including any damages which the Licensor and other third parties may suffer). 7.8. Consumer Protection Legislation might not be applicable to the relations of the Parties with respect to the License granted a free-of-charge basis.

Appears in 1 contract

Sources: License Agreement

DISCLAIMER OF WARRANTY. EXCEPT THE PARTIES HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SERVICES AND ANY OTHER THINGS DELIVERED, OR TO BE DELIVERED, BY NW PURSUANT TO THIS AGREEMENT ARE DELIVERED “AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS, NEITHER SCEA NOR ITS AFFILIATES WHERE IS” WITH ALL FAULTS AND SUPPLIERS MAKEDEFECTS. NW HEREBY DISCLAIMS, NOR DOES PUBLISHER RECEIVEAND PINNACLE HEREBY WAIVES, ANDY REPRESENTATIONS RELEASES AND RENOUNCES, ANY AND ALL OBLIGATIONS AND LIABILITIES OF NW AND RIGHTS, CLAIMS AND REMEDIES OF PINNACLE AGAINST NW, EXPRESS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIALIMPLIED, ARISING OUT OF THE USE BY LAW OR INABILITY OTHERWISE, WITH RESPECT TO USE ANY UNITS AND/FAULT OR DEFECT IN SUCH SERVICES OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGOTHER THINGS DELIVERED UNDER THIS AGREEMENT, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE INCLUDING BUT NOT LIMITED TO (A) ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, (C) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT WHETHER OR NOT ARISING FROM NW’S NEGLIGENCE, ACTUAL OR IMPUTED; PROVIDED, HOWEVER, THAT THIS PROVISION DOES NOT APPLY TO A TORT CLAIM ARISING FROM NW=S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, AND THEIR EQUIVALENTS UNDER THE LAWS (D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF ANY JURISDICTIONUSE, REGARDING THE SONY MATERIALSREVENUE OR PROFIT, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN FOR ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

Appears in 1 contract

Sources: Family Assistance Services Agreement (Pinnacle Airlines Corp)

DISCLAIMER OF WARRANTY. EXCEPT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE SOFTWARE AND MANAGED SERVICES IS PROVIDED “AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREIN, NEITHER SCEA NOR ITS AFFILIATES IS,” AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY COMPANY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALSSOFTWARE OR MANAGED SERVICES AND ANY SERVICES PROVIDED BY COMPANY, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMWHETHER EXPRESS OR IMPLIED, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL INCLUDING, BUT NOT BE LIABLE FOR LIMITED TO, ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND THEIR EQUIVALENTS UNDER THE LAWS ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. COMPANY DISCLAIMS ALL WARRANTIES OF ANY JURISDICTIONKIND, REGARDING INDEMNITIES, OBLIGATIONS, AND OTHER LIABILITIES IN CONNECTION WITH ANY INTEGRATION WITH THE SONY MATERIALSSOFTWARE OR MANAGED SERVICES. WITHOUT LIMITING ANY OTHER PROVISION OF THIS SECTION 11, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND COMPANY DOES NOT WARRANT THAT: (A) THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED SOFTWARE OR MANAGED SERVICES WILL OPERATE IN SECTION 2AN ERROR-312(3) OF THE UNIFORM COMMERCIAL CODE FREE AND/OR UNINTERRUPTED MANNER; AND/OR (B) THE SOFTWARE OR MANAGED SERVICES WILL ELIMINATE OR MITIGATE ANY PARTICULAR MALWARE. MSP WILL MAKE NO WARRANTIES OR REPRESENTATIONS IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDCOMPANY’S NAME OR ON COMPANY’S BEHALF.

Appears in 1 contract

Sources: Managed Services Provider Agreement

DISCLAIMER OF WARRANTY. EXCEPT THE SERVICES ARE PROVIDED TO YOU ON AN “AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS” AND “AS AVAILABLE” BASIS, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKENEC HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIES, EXPRESSGUARANTEES, IMPLIED AND CONDITIONS WITH REGARD TO (A) THE SERVICES, INCLUDING BUT NOT LIMITED TO SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR STATUTORYENVIRONMENTS AND (B) MERCHANTABILITY, REGARDING THE SONY MATERIALSSATISFACTORY QUALITY, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMNONINFRINGEMENT, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. NEC DOES NOT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT NEC WILL CORRECT ALL ERRORS IN THE SERVICES; (B) THE SERVICES WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR YOUR APPLICATIONS, OR WITH ANY OTHER SOFTWARE, HARDWARE, SYSTEMS, OR DATA; (C) YOUR CONTENT AND THEIR EQUIVALENTS YOUR APPLICATIONS WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED; AND (D) THE SERVICES, INCLUDING ANY PRODUCTS, INFORMATION OR OTHER MATERIAL YOU OBTAIN OR PURCHASE FROM NEC UNDER THIS AGREEMENT, WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU ACKNOWLEDGE THAT NEC DOES NOT CONTROL THE LAWS TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. NEC IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON-NEC SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE TRIAL ENVIRONMENT. NEC IS NOT RESPONSIBLE FOR THE SECURITY OF ANY JURISDICTIONCONTENT, REGARDING APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE SONY MATERIALSTRIAL ENVIRONMENT. NEC RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SERVICES, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS NEC PROGRAMS AND THE SYSTEM. TRIAL AT ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDTIME WITHOUT NOTICE.

Appears in 1 contract

Sources: Terms and Conditions

DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINAND SPECIFICALLY PROVIDED IN ANY ATTACHED ORDER FORM(S): (A) THE SOFTWARE AND ALL PORTIONS THEREOF, NEITHER SCEA NOR AND ANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES LICENSORS AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY DISCLAIM ALL OTHER REPRESENTATIONS OR WARRANTIESWARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALSINCLUDING, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMWITHOUT LIMITATION, THE UNITS ANY WARRANTIES OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND/OR PUBLISHER'S PRODUCT QUIET ENJOYMENT; (B) NEITHER THE COMPANY NOR ITS LICENSORS WARRANT THAT THE FUNCTIONS OR INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT CONTAINED IN THE SOFTWARE OR ASP SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE OR ASP SERVICES WILL OPERATE ERROR FREE OR WITHOUT INTERRUPTION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE OR ASP SERVICES WILL BE LIABLE FOR CORRECTED, OR THAT THE SOFTWARE OR ASP SERVICES IS COMPATIBLE WITH ANY INJURY, LOSS PARTICULAR COMPUTER SYSTEM OR DAMAGE, DIRECT, INDIRECT SOFTWARE; AND (C) THE COMPANY AND ITS LICENSORS MAKE NO GUARANTEE OF ACCESS TO OR CONSEQUENTIAL, ARISING OUT OF ACCURACY OF THE USE CONTENT CONTAINED IN OR INABILITY TO USE ANY UNITS AND/ACCESSED THROUGH THE SOFTWARE OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCSASP SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM YOU ACKNOWLEDGE THAT THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE ASP SERVICES AND/OR THE SOFTWARE ARE NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS (INCLUDING, OPERATION OF NUCLEAR POWER FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, SURGICAL OR MEDICAL FACILITIES, LIFE SUPPORT, OR WEAPONS SYSTEMS) AND THAT THE COMPANY SPECIFICALLY DISCLAIMS ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDEXPRESSED OR IMPLIED REPRESENTATION, WARRANTY, OR CONDITION OF FITNESS FOR SUCH PURPOSES.

Appears in 1 contract

Sources: Asp License Agreement and Terms of Service

DISCLAIMER OF WARRANTY. Customer acknowledges and agrees that NET2EZ exercises no control over, and accepts no responsibility for, the content of the information passing through NET2EZ’s host computers, network hubs and points of presence (the “NET2EZ Network”) or the Internet. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINFOR THE SERVICE LEVEL OBLIGATIONS PROVIDED UNDER EXHIBIT A OF THIS AGREEMENT, NEITHER SCEA NET2EZ, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR ITS AFFILIATES AND SUPPLIERS MAKETHE LIKE MAKE ANY WARRANTIES OF ANY KIND, NOR DOES PUBLISHER RECEIVEEITHER EXPRESSED OR IMPLIED, ANDY REPRESENTATIONS OR WARRANTIESINCLUDING, EXPRESSBUT NOT LIMITED TO, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT NET2EZ PROVIDES. EXCEPT FOR THE SERVICE LEVEL OBLIGATIONS PROVIDED UNDER EXHIBIT A OF THIS AGREEMENT (i) NEITHER NET2EZ, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LAWS LIKE, WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY JURISDICTION, REGARDING INFORMATION SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS SERVICES; AND (ii) NET2EZ IS NOT LIABLE FOR THE SYSTEM. CONTENT OR LOSS OF ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER’S CLIENTELE VIA THE SERVICE(S) PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDBY NET2EZ.

Appears in 1 contract

Sources: Service Agreement (Cvent Inc)

DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREININ SECTIONS 8.1 — 8.3 ABOVE, NEITHER SCEA NOR ITS AFFILIATES SMARSH MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND IN CONNECTION WITH THE SERVICES, PROFESSIONAL SERVICES OR SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY OTHER INFORMATION OR MATERIALS PROVIDED, OR MADE AVAILABLE, BY SMARSH. SMARSH HEREBY DISCLAIMS ANY AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY ALL REPRESENTATIONS OR AND WARRANTIES, EXPRESSWHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SMARSH DOES NOT REPRESENT OR STATUTORY, REGARDING WARRANT THAT THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/SERVICES OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCSSOFTWARE WILL BE AVAILABLE OR ERROR FREE. SCEA SHALL SMARSH WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, ELECTRONIC COMMUNICATIONS, OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF SMARSH. SMARSH MAKES NO REPRESENTATION OR WARRANTY THAT USE OF THE SERVICES 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. THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO ANY APPLICATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, LOSS OR SEVERE PHYSICAL OR PROPERTY DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMED.

Appears in 1 contract

Sources: Subscription Service Terms of Service

DISCLAIMER OF WARRANTY. EXCEPT THE SOFTWARE IS PROVIDED "AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS" AND "WITH ALL FAULTS", NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKEWITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR COMPANY FURTHER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR IMPLIED, STATUTORY, REGARDING OR BY ESTOPPEL, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS for A PARTICULAR PURPOSE, CORRESPONDENCE TO DESCRIPTION OR SAMPLE, NO DEFECT IN WORKMANSHIP OR MATERIAL, LACK OF VIRUSES, AND LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY TO TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND NON-INFRINGEMENT WITH REGARD TO THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION SOFTWARE. THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ENTIRE RISK ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY PERFORMANCE OF THE FOREGOINGSOFTWARE AND DOCUMENTATION REMAINS WITH LICENSEE. NO ACTIVITY, SCEA ND SERVICE, ADVERTISING, PACKAGING, STATEMENT OR COMMUNICATION BY COMPANY OR ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM SUPPLIER(S)IN RELATION TO THE IMPLIED WARRANTIES SOFTWARE, EVEN IF PRESENTED IN A FORM OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER PRODUCT WARRANTY, WHETHER PRIOR TO, ON OR POST THE LAWS DATE OF ANY JURISDICTIONTHIS ▇▇▇▇, REGARDING THE SONY MATERIALSSHALL BE INTERPRETED AS AN ANNULMENT, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/IMPAIRMENT OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDMODIFICATION TO THIS DISCLAIMER.

Appears in 1 contract

Sources: End User License Agreement

DISCLAIMER OF WARRANTY. EXCEPT a. YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS PROVIDED "AS OTHERWISE IS", WITHOUT WARRANTY OF ANY KIND BY XEROX OR ITS LICENSORS. XEROX AND ITS LICENSORS EXPRESSLY SET FORTH ---------------------- HEREIN, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR DISCLAIM ALL WARRANTIES, EXPRESSEXPRESS OR IMPLIED, IMPLIED WHETHER CREATED BY STATUTE OR STATUTORYOTHERWISE, REGARDING THE SONY MATERIALSINCLUDING, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMBUT NOT LIMITED TO, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. XEROX AND THEIR EQUIVALENTS UNDER ITS LICENSORS DO NOT WARRANT THAT THE LAWS SOFTWARE WILL MEET YOUR PARTICULAR REQUIREMENTS, THAT IT WILL OPERATE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE CAN OR WILL BE CORRECTED. ALL WARRANTIES AND REPRESENTATIONS MADE BY PERSONS OTHER THAN XEROX, INCLUDING, BUT NOT LIMITED TO, YOUR AUTHORIZED SERVICE PROVIDER, DISTRIBUTORS, DEALERS, CONCESSIONAIRES AND OTHER RESELLERS OF ANY JURISDICTIONXEROX, REGARDING ARE ALSO DISCLAIMED. THE SONY MATERIALSWARRANTY DISCLAIMERS SET FORTH HEREIN MAY NOT APPLY IN CERTAIN JURISDICTIONS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND IN WHICH CASE THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY WARRANTEES HEREUNDER SHALL BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMED.MINIMUM REQUIRED

Appears in 1 contract

Sources: Software License Agreement

DISCLAIMER OF WARRANTY. EXCEPT THE PLANVIEW APPLICATION, ACCESS THERETO, AND ANY SERVICES PROVIDED HEREUNDER ARE PROVIDED ON AN “AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS” BASIS, NEITHER SCEA NOR AND PLANVIEW AND ITS AFFILIATES AND SUPPLIERS AGENTS: (A) DO NOT MAKE, NOR DOES PUBLISHER RECEIVEAND HEREBY EXPRESSLY DISCLAIM, ANDY ANY AND ALL WARRANTIES, REPRESENTATIONS OR WARRANTIESCONDITIONS, WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY OR STATUTORYOTHERWISE, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL INCLUDING BUT NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY LIMITED TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND THEIR EQUIVALENTS UNDER ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE; (B) DO NOT WARRANT THAT ACCESS TO THE LAWS OF PLANVIEW APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTSSOFTWARE, SCEA DEMO DISCS AND OR OTHER MATERIAL ACCESSIBLE THROUGH THE SYSTEM. PLANVIEW APPLICATION IS FREE OF VIRUSES (ALTHOUGH PLANVIEW REPRESENTS THAT IT WILL USE COMMERCIALLY REASONABLE EFFORTS TO AVOID VIRUSES) OR OTHER HARMFUL CONTENTS OR COMPONENTS; (C) SHALL IN NO EVENT BE LIABLE TO CLIENT OR ANYONE ELSE FOR ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE (INCLUDING LOSS OF DATA) CAUSED IN SECTION 2-312(3) WHOLE OR IN PART BY, OR FAILURES, DELAYS OR INTERRUPTIONS OF THE UNIFORM COMMERCIAL CODE AND/PLANVIEW APPLICATION. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES. IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDSUCH JURISDICTIONS, PLANVIEW’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Appears in 1 contract

Sources: Terms and Conditions

DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED WITH A 365 DAY LICENSE, AND WITH WARRANTIES THAT IT IS FREE OF DEFECTS, AS OUTLINED IN THE OWNER/TECHNICAL MANUAL. MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT, LICENSOR SHALL ASSUME THE RESPONSIBLITY OF CORRECTING ANY SUCH DEFECT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINUNDER THIS DISCLAIMER. 7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SCEA NOR IN NO EVENT WILL LICENSOR OR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT RESELLERS BE LIABLE FOR ANY INJURYINDIRECT, LOSS SPECIAL, INCIDENTAL OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY UNITS AND/THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY SOFTWARE ERRORS AND/AND ALL OTHER COMMERCIAL DAMAGES OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY LOSSES, EVEN IF ADVISED OF THE FOREGOINGPOSSIBILITY THEREOF, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) REGARDLESS OF THE UNIFORM COMMERCIAL CODE AND/LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDCASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY).

Appears in 1 contract

Sources: Distribution Agreement (Phon Net Com Inc)

DISCLAIMER OF WARRANTY. EXCEPT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE SOFTWARE AND MANAGED SERVICES IS PROVIDED “AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREIN, NEITHER SCEA NOR ITS AFFILIATES IS,” AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY THREATDOWN DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALSSOFTWARE OR MANAGED SERVICES AND ANY SERVICES PROVIDED BY THREATDOWN, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMWHETHER EXPRESS OR IMPLIED, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL INCLUDING, BUT NOT BE LIABLE FOR LIMITED TO, ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND THEIR EQUIVALENTS UNDER THE LAWS ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THREATDOWN OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. THREATDOWN DISCLAIMS ALL WARRANTIES OF ANY JURISDICTIONKIND, REGARDING INDEMNITIES, OBLIGATIONS, AND OTHER LIABILITIES IN CONNECTION WITH ANY INTEGRATION WITH THE SONY MATERIALSSOFTWARE OR MANAGED SERVICES. WITHOUT LIMITING ANY OTHER PROVISION OF THIS SECTION 9, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THREATDOWN DOES NOT WARRANT THAT: (A) THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED SOFTWARE OR MANAGED SERVICES WILL OPERATE IN SECTION 2AN ERROR-312(3) OF THE UNIFORM COMMERCIAL CODE FREE AND/OR UNINTERRUPTED MANNER; AND/OR (B) THE SOFTWARE OR MANAGED SERVICES WILL ELIMINATE OR MITIGATE ANY PARTICULAR MALWARE. MSP WILL MAKE NO WARRANTIES OR REPRESENTATIONS IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDTHREATDOWN' NAME OR ON THREATDOWN' BEHALF.

Appears in 1 contract

Sources: Managed Services Provider Agreement

DISCLAIMER OF WARRANTY. EXCEPT YOU HEREBY RELEASE US AND AGREES TO HOLD SUSTAINABLE THERAPY, INC., ITS OFFICERS, DIRECTORS, AFFILIATES OR EMPLOYEES HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE COUNSELOR SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY MENTAL HEALTH PROFESSIONAL OR ANY OTHER PROVIDER IN A FIELD REQUIRING LICENSURE AND/OR CERTIFICATION, WHO MAY BE ACCESSED THROUGH THE PLATFORM. THE SERVICES AND CONTENT PROVIDED BY STI ARE PROVIDED "AS OTHERWISE IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND. STI AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. STI DOES NOT REVIEW, RECOMMEND, ENDORSE, EVALUATE OR PROVIDE ANY GUARANTEE, REPRESENTATION OR WARRANTY, AND EXPRESSLY SET FORTH ---------------------- HEREIN, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIESDISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED IMPLIED, OR STATUTORY, REGARDING RELATING TO THE SONY MATERIALSSERVICES AND CONTENT, SCEA'S CONFIDENTIAL INCLUDING WITHOUT LIMITATION ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO (A) ANY COUNSELOR; (B) ANY INFORMATION ABOUT ANY COUNSELOR INCLUDING WITHOUT LIMITATION ANY QUALIFICATIONS, EXPERTISE, CLAIMES OR BACKGROUND OF ANY PROVIDER; (C) THE SYSTEMCOUNSELOR SERVICES (WHETHER THROUGH THE PLATFORM OR NOT) INCLUDING WITHOUT LIMITATION ANY OPINION, RESPONSE, ADVICE, RECOMMENDATION, INFORMATION OR ANY OTHER CONTENT WRITTEN OR SAID BY A COUNSELOR; (D) THE UNITS CONTENT AND THE SUBSTANCE WHICH ARE PART OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/THE COUNSELOR SERVICES; (E) ANY OTHER CONTENT OR PUBLISHER'S PRODUCT INFORMATION INCLUDED POSTED ON SCEA DEMO DISCSTHE PLATFORM OR THROUGH THE PLATFORM; (F) THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SAFETY, LEGALITY, SECURITY, PRIVACT, QUALITY OR APPLICABILITY OF THE PLATFORM AND THE COUNSELOR SERVICES. SCEA SHALL ▇▇▇ MAKES NO WARRANTY THAT THE CONTENT YOU ACCESS ON OUR WEBSITE OR USING OUR SERVICE SATISFIES THE LAWS AND REGULATIONS REQUIRING THE DISCLOSURE OF INFORMATION FOR PRESCRIPTION DRUGS. ANY CONSULTATION WITH A PROVIDER VIA THE PLATFORM CANNOT AND DOES NOT REPLACE A MEETING WITH A PROFESSIONAL. YOU ARE ENCOURAGED TO VERIFY THE INFORMATION PROVIDED BY THE PROVIDERS. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE YOUR FULL AND SOLE RISK AND LIABILITY. STI DOES NOT ASSUME, AND WILL NOT BE LIABLE FOR FOR: (A) THE ACCURACY OR AVAILABILITY OF THE PLATFORM OR ANY INJURYPART OF THE PLATFORM; OR (B) ANY DAMAGES, LOSS HARM OR DAMAGEINJURY ARISING FROM OR RELATED TO THE PLATFORM, THE COUNSELORS OR THE COUNSELOR SERVICES. IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED VIA THE PLATFORM, YOU HEREBY RELIEVE US FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT INDIRECT, INCIDENTAL OR CONSEQUENTIAL), ARISING OUT DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES, WHICH YOU MAY HAVE AGAINST ONE OR MORE OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDABOVE.

Appears in 1 contract

Sources: Terms and Conditions

DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE FOR THOSE WARRANTIES EXPRESSLY SET FORTH ---------------------- PROVIDED HEREIN, NEITHER SCEA NOR ITS AFFILIATES YOU HEREBY ACKNOWLEDGE AND SUPPLIERS MAKEAGREE THAT COMPANY (INCLUDING DIRECTORS, NOR DOES PUBLISHER RECEIVEMANAGERS, ANDY REPRESENTATIONS OR SHAREHOLDERS, AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, DIRECTORS AND INDEPENDENT CONTRACTORS OF COMPANY) HAS NOT MADE ANY OTHER WARRANTIES, EXPRESSEXPRESS OR IMPLIED, IMPLIED CONCERNING THE WEBSITE, MARKETING OR STATUTORY, REGARDING THE SONY PROMOTIONAL MATERIALS, SCEA'S CONFIDENTIAL INFORMATION PROVIDED, OR THE SYSTEMPRODUCTS OR SERVICES OFFERED THROUGH THIS WEBSITE, IN ANY OTHER ADVERTISING OR PROMOTIONAL MATERIALS OR COMMUNICATIONS WITH THE UNITS OF The LICENSED COMPANY, OR ON ANY SOCIAL MEDIA SITE. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION AND SERVICES INCLUDED ON SCEA DEMO DISCSOR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OR IN ANY OTHER ADVERTISING OR PROMOTIONAL MATERIALS OR COMMUNICATIONS WITH THE COMPANY, OR ON ANY SOCIAL MEDIA SITE, ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SCEA SHALL NOT BE LIABLE FOR ANY INJURYCOMPANY DISCLAIMS, LOSS AND YOU HEREBY WAIVE, ALL WARRANTIES EXPRESSED OR DAMAGEIMPLIED, DIRECTINCLUDING, INDIRECT OR CONSEQUENTIALWITHOUT LIMITATION, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER OR ANY WARRANTIES REGARDING COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE LAWS OF ANY JURISDICTION, REGARDING WEBSITE OR THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND SERVICES, OR RELATED GRAPHICS CONTAINED ON THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/WEBSITE, OR IN ANY OTHER COMPARABLE STATUE ADVERTISING OR PROMOTIONAL MATERIALS OR COMMUNICATIONS WITH THE COMPANY, OR ON ANY SOCIAL MEDIA SITE, FOR ANY PURPOSE. WITHOUT LIMITING THE FOREGOING, COMPANY HEREBY MAKES NO REPRESENTATION NOR ANY WARRANTIES OF ANY KIND IN CONNECTION WITH THE INFORMATION PROVIDED HEREIN, THAT PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THE QUALITY OF ANY PRODUCTS. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS EXPRESSLY DISCLAIMEDTHEREFORE STRICTLY AT YOUR OWN RISK.

Appears in 1 contract

Sources: Terms and Conditions

DISCLAIMER OF WARRANTY. EXCEPT a. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE USE OF THIS SITE, SOFTWARE AND ANY RELATED SERVICES IS AT YOUR SOLE RISK. b. THIS SITE, SOFTWARE AND ITS RELATED SERVICES ARE PROVIDED ON AN "AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS" AND "AS AVAILABLE" BASIS, NEITHER SCEA NOR ITS AFFILIATES WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. c. FSS HEREBY DISCLAIMS ALL WARRANTIES AND SUPPLIERS MAKECONDITIONS WITH RESPECT TO THIS SITE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIESSOFTWARE AND THE SERVICES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALSINCLUDING, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMBUT NOT LIMITED TO, THE UNITS IMPLIED WARRANTIES OF The LICENSED MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY. d. THE SITE, SOFTWARE AND THE SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. e. FSS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OF THIS SITE, SOFTWARE OR ITS SERVICES, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR ITS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SITE, SOFTWARE OR ITS SERVICES WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT DEFECTS IN THE SITE, SOFTWARE OR ITS SERVICES WILL BE CORRECTED. f. THERE IS NO PROMISE OR REPRESENTATION THAT YOU WILL MAKE A CERTAIN AMOUNT OF MONEY, OR ANY MONEY, OR NOT LOSE MONEY, AS A RESULT OF USING OUR PRODUCTS MANUFACTURED HEREUNDER AND/AND SERVICES. g. ANY EARNINGS, REVENUE, OR PUBLISHER'S PRODUCT INFORMATION INCLUDED INCOME STATEMENTS ARE STRICTLY ESTIMATES. THERE IS NO GUARANTEE YOU WILL MAKE THESE LEVELS FOR YOURSELF. AS WITH ANY BUSINESS, YOUR RESULTS WILL VARY AND WILL BE BASED ON SCEA DEMO DISCSYOUR PERSONAL ABILITIES, EXPERIENCE, KNOWLEDGE, CAPABILITIES, LEVEL OF DESIRE, AND AN INFINITE NUMBER OF VARIABLES BEYOND OUR CONTROL, INCLUDING VARIABLES WE OR YOU HAVE NOT ANTICIPATED. SCEA THERE ARE NO GUARANTEES CONCERNING THE LEVEL OF SUCCESS YOU MAY EXPERIENCES. EACH PERSON’S RESULTS WILL VARY. h. THERE ARE UNKNOWN RISKS IN ANY BUSINESS, PARTICULARLY WITH THE INTERNET WHERE ADVANCES AND CHANGES CAN HAPPEN QUICKLY. i. THE USE OF OUR INFORMATION, PRODUCTS, AND SERVICES SHOULD BE BASED ON YOUR OWN DUE DILIGENCE AND YOU AGREE THAT WE ARE NOT LIABLE FOR YOUR SUCCESS OR FAILURE. Limitation of Liability. FSS SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, LOSS OR DAMAGEANY INCIDENTAL, DIRECTSPECIAL, INDIRECT OR CONSEQUENTIALCONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF THE OR RELATED TO YOUR USE OR INABILITY TO USE ANY UNITS AND/THE SITE, SOFTWARE OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY SERVICES, HOWEVER CAUSED, REGARDLESS OF THE FOREGOINGTHEORY OF LIABILITY (CONTRACT, SCEA ND ITS AFFILIATES TORT OR OTHERWISE) AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) EVEN IF FSS HAS BEEN ADVISED OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDPOSSIBILITY OF SUCH DAMAGES. j. THE ABOVE, NOT WITHSTANDING, FSS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES SHALL NOT EXCEED $500 (FIVE HUNDRED DOLLARS).

Appears in 1 contract

Sources: End User License Agreement

DISCLAIMER OF WARRANTY. EXCEPT No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. LENDINGFAX PROVIDES THE SERVICES ON AN “AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY OR STATUTORYOTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR INCLUDING ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LENDINGFAX DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. LENDINGFAX DISCLAIMS LIABILITY FOR, AND THEIR EQUIVALENTS UNDER NO WARRANTY IS MADE WITH RESPECT TO, THE LAWS CONNECTIVITY AND AVAILABILITY OF THE SERVICES. Third party content. Third- Party Content. Opinions, advice, statements, offers, or other information or content made available through the Site or Services, but not directly by Lendingfax, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. LENDINGFAX DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY JURISDICTIONINFORMATION PROVIDED ON THE SERVICES, REGARDING OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE SONY MATERIALSACCURACY OR RELIABILITY OF ANY OPINION, SCEA'S CONFIDENTIAL INFORMATIONADVICE, LICENSED PRODUCTSOR STATEMENT MADE BY ANY PARTY OTHER THAN LENDINGFAX. UNDER NO CIRCUMSTANCES WILL LENDINGFAX BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR SERVICES, SCEA DEMO DISCS AND THE SYSTEM. OR TRANSMITTED TO OR BY ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDUSERS.

Appears in 1 contract

Sources: Terms of Use

DISCLAIMER OF WARRANTY. EXCEPT TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE AND SERVICE AND ANY THIRD PARTY SOFTWARE OR SERVICE ARE PROVIDED ON AN "AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS" AND "AS AVAILABLE" BASIS, NEITHER SCEA NOR WITH ALL FAULTS. SYMANTEC AND ITS AFFILIATES LICENSORS AND SUPPLIERS MAKECSIDENTITY CORPORATION AND ITS DATA PROVIDERS PROVIDE THE SERVICE WITHOUT WARRANTIES OF ANY KIND, NOR DOES PUBLISHER RECEIVEWRITTEN OR ORAL, ANDY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALSEITHER EXPRESS OR IMPLIED, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMINCLUDING WITHOUT LIMITATION, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, INCLUDING THOSE ARISING FROM COURSE OF DEALING OR COURSE OF TRADE AND DISCLAIMS ANY SUCH WARRANTIES. SYMANTEC AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, ERROR- FREE, SECURE, OR A COMPLETE REFLECTION OF ALL APPLICABLE INFORMATION. NO ADVICE OR INFORMATION GIVEN BY SYMANTEC, ITS LICENSORS, AFFILIATES, ITS AGENTS, OR ITS CONTRACTORS OR THEIR EQUIVALENTS UNDER RESPECTIVE EMPLOYEES WILL VARY THE LAWS TERMS OF THIS AGREEMENT OR CREATE ANY JURISDICTIONWARRANTY. SYMANTEC IS NOT RESPONSIBLE FOR DEFACEMENT, REGARDING THE SONY MATERIALSMISUSE, SCEA'S CONFIDENTIAL INFORMATIONABUSE, LICENSED PRODUCTSNEGLECT, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) IMPROPER USE OF THE UNIFORM COMMERCIAL CODE AND/SERVICES BY YOU, FORCE MAJEURE EVENTS OUT OF SYMANTEC’S REASONABLE CONTROL SUCH AS (I) IMPROPER ELECTRICAL VOLTAGES OR CURRENT, (II) REPAIRS, ALTERATIONS, MODIFICATIONS BY OTHERS, OR (III) ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE ELEMENTS. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SYMANTEC TECHNICAL SUPPORT IS NOT WARRANTED AND IS USED AT YOUR OWN RISK. SYMANTEC AND ITS LICENSORS MAKE NO WARRANTY REGARDING TRANSACTIONS EXECUTED AND CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE. TO THE EXTENT THAT ANY LIMITATION IN ANY OTHER COMPARABLE STATUE THIS SECTION IS EXPRESSLY DISCLAIMEDNOT PERMITTED BY APPLICABLE LAW, SUCH LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT IT IS BARRED BY APPLICABLE LAW.

Appears in 1 contract

Sources: Terms of Service

DISCLAIMER OF WARRANTY. EXCEPT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (1) THE SERVICES ARE PROVIDED “AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS” AND WITHOUT WARRANTY OF ANY KIND, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE(2) WE, NOR DOES PUBLISHER RECEIVEFOR OURSELF AND OUR LICENSORS, ANDY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED ALL REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY AND ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. TO THE LAWS OF ANY JURISDICTIONMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDING WE MAKE NO WARRANTIES THAT: (I) THE SONY MATERIALSSERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, SCEA'S CONFIDENTIAL INFORMATIONTIMELY, LICENSED PRODUCTSSECURE, SCEA DEMO DISCS AND OR ERROR-FREE; (III) THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT RESULTS THAT MAY BE PROVIDED IN SECTION 2-312(3) OBTAINED FROM THE USE OF THE UNIFORM COMMERCIAL CODE AND/SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; OR (VI) IN RELATION TO THE PAYMENT OF ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDREFUNDS, THE TIMELINESS OF SUCH PAYMENT WILL MEET YOUR EXPECTATIONS. IN ADDITION, WE MAKE NO REPRESENTATION OR WARRANTY ABOUT ANY THIRD-PARTY PRODUCTS.

Appears in 1 contract

Sources: License and Services Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREIN, NEITHER SCEA NOR ITS AFFILIATES ▇▇▇▇▇▇ UNDERSTANDS AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING AGREES THAT THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMPLATFORM, THE UNITS ACCESS METHOD, DATA, CUSTOM MODIFICATIONS, WORK PRODUCT, DELIVERABLES, OR OTHER MATERIALS CREATED BY OR ON BEHALF OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/APOLLO UNDER ANY SOW, AND ALL SERVICES OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCSMATERIALS OF ANY KIND PROVIDED BY APOLLO ARE PROVIDED “AS IS”. SCEA SHALL NOT BE LIABLE FOR THE APOLLO PARTIES SPECIFICALLY DISCLAIM, WITHOUT LIMITATION, ALL WARRANTIES OF ANY INJURYKIND TO ▇▇▇▇▇▇, LOSS WHETHER EXPRESS OR DAMAGEIMPLIED, DIRECTINCLUDING, INDIRECT OR CONSEQUENTIALWITHOUT LIMITATION, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT AND THEIR EQUIVALENTS TITLE OR THOSE WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE. ▇▇▇▇▇▇ DOES NOT WARRANT THAT THE DATA WILL BE ACCURATE OR COMPLETE OR THAT THE DATA OR THE PLATFORM, ACCESS METHOD, CUSTOM MODIFICATIONS, WORK PRODUCT, DELIVERABLES, OR OTHER MATERIALS CREATED BY OR ON BEHALF OF APOLLO UNDER ANY SOW, WILL BE ACCESSIBLE OR ERROR FREE. APOLLO PROVIDES NO WARRANTIES REGARDING OR RELATING TO ANY TRANSACTIONS, INCLUDING WITHOUT LIMITATION ANY TRADES, THAT ARE PERFORMED THROUGH OR IN CONJUNCTION WITH THE LAWS OF ANY JURISDICTION, REGARDING PLATFORM OR USING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEMDATA. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) ▇▇▇▇▇▇’▇ USE OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE DATA IS EXPRESSLY DISCLAIMEDAT ITS OWN RISK.

Appears in 1 contract

Sources: Software License Agreement (Aspirity Holdings LLC)

DISCLAIMER OF WARRANTY. EXCEPT 8.1 Neither the Licensee nor any of its Affiliates, agents, or employees shall have any right to make any representation, warranty, or promise actually, apparently, or ostensibly on behalf of Autodesk, or relating to any Autodesk product, including the Licensed Software or Documentation. 8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUTODESK PROVIDES THE LICENSED SOFTWARE, DOCUMENTATION, AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE LICENSED SOFTWARE (“SUPPORT SERVICES”) AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS AND WITH ALL FAULTS, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKEHEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALSINCLUDING, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMBUT NOT LIMITED TO, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OF LACK OF VIRUSES, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND THEIR EQUIVALENTS UNDER OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE LAWS OF ANY JURISDICTIONLICENSED SOFTWARE, REGARDING THE SONY MATERIALSDOCUMENTATION, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEMPROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ANY ALSO, THERE IS NO WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-312(3) INFRINGEMENT, WITH REGARD TO THE LICENSED SOFTWARE OR DOCUMENTATION. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE UNIFORM COMMERCIAL CODE AND/LICENSED SOFTWARE, DOCUMENTATION, AND SUPPORT SERVICES, IF ANY, REMAINS WITH LICENSEE AND THE END-USER. AUTODESK DOES NOT WARRANT THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR IN ERROR FREE OR THAT ANY OTHER COMPARABLE STATUE IS DELIVERABLES SHALL BE SATISFACTORY. THE RIGHTS OF LICENSEE HEREUNDER ARE GRANTED AS A PERMISSION ONLY AND DO NOT IMPLY ANY OBLIGATION OR LIABILITY OF AUTODESK EXCEPT AS EXPRESSLY DISCLAIMEDPROVIDED HEREIN.

Appears in 1 contract

Sources: License Agreement

DISCLAIMER OF WARRANTY. EXCEPT a. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE USE OF THIS SITE, SOFTWARE AND ANY RELATED SERVICES IS AT YOUR SOLE RISK. b. THIS SITE, SOFTWARE AND ITS RELATED SERVICES ARE PROVIDED ON AN "AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS" AND "AS AVAILABLE" BASIS, NEITHER SCEA NOR ITS AFFILIATES WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. c. FSS HEREBY DISCLAIMS ALL WARRANTIES AND SUPPLIERS MAKECONDITIONS WITH RESPECT TO THIS SITE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIESSOFTWARE AND THE SERVICES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALSINCLUDING, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMBUT NOT LIMITED TO, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR ACCURACY. d. THE SITE, SOFTWARE AND THEIR EQUIVALENTS UNDER THE LAWS SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. e. FSS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OF THIS SITE, SOFTWARE OR ITS SERVICES, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR ITS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SITE, SOFTWARE OR ITS SERVICES WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT DEFECTS IN THE SITE, SOFTWARE OR ITS SERVICES WILL BE CORRECTED. f. THERE IS NO PROMISE OR REPRESENTATION THAT YOU WILL MAKE A CERTAIN AMOUNT OF MONEY, OR ANY JURISDICTIONMONEY, REGARDING OR NOT LOSE MONEY, AS A RESULT OF USING OUR PRODUCTS AND SERVICES. g. ANY EARNINGS, REVENUE, OR INCOME STATEMENTS ARE STRICTLY ESTIMATES. THERE IS NO GUARANTEE YOU WILL MAKE THESE LEVELS FOR YOURSELF. AS WITH ANY BUSINESS, YOUR RESULTS WILL VARY AND WILL BE BASED ON YOUR PERSONAL ABILITIES, EXPERIENCE, KNOWLEDGE, CAPABILITIES, LEVEL OF DESIRE, AND AN INFINITE NUMBER OF VARIABLES BEYOND OUR CONTROL, INCLUDING VARIABLES WE OR YOU HAVE NOT ANTICIPATED. THERE ARE NO GUARANTEES CONCERNING THE SONY MATERIALSLEVEL OF SUCCESS YOU MAY EXPERIENCES. EACH PERSON’S RESULTS WILL VARY. h. THERE ARE UNKNOWN RISKS IN ANY BUSINESS, SCEA'S CONFIDENTIAL PARTICULARLY WITH THE INTERNET WHERE ADVANCES AND CHANGES CAN HAPPEN QUICKLY. i. THE USE OF OUR INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT SERVICES SHOULD BE BASED ON YOUR OWN DUE DILIGENCE AND YOU AGREE THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/WE ARE NOT LIABLE FOR YOUR SUCCESS OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDFAILURE.

Appears in 1 contract

Sources: End User License Agreement

DISCLAIMER OF WARRANTY. EXCEPT YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS PROVIDED "AS OTHERWISE IS", WITHOUT WARRANTY OF ANY KIND BY XEROX OR ITS LICENSORS. XEROX AND ITS LICENSORS EXPRESSLY SET FORTH ---------------------- HEREIN, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR DISCLAIM ALL WARRANTIES, EXPRESSEXPRESS OR IMPLIED, IMPLIED WHETHER CREATED BY STATUTE OR STATUTORYOTHERWISE, REGARDING THE SONY MATERIALSINCLUDING, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMBUT NOT LIMITED TO, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. XEROX AND THEIR EQUIVALENTS UNDER ITS LICENSORS DO NOT WARRANT THAT THE LAWS SOFTWARE WILL MEET YOUR PARTICULAR REQUIREMENTS, THAT IT WILL OPERATE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE CAN OR WILL BE CORRECTED. ALL WARRANTIES AND REPRESENTATIONS MADE BY PERSONS OTHER THAN XEROX, INCLUDING, BUT NOT LIMITED TO, YOUR AUTHORIZED SERVICE PROVIDER, DISTRIBUTORS, DEALERS, CONCESSIONAIRES AND OTHER RESELLERS OF ANY JURISDICTIONXEROX, REGARDING ARE ALSO DISCLAIMED. THE SONY MATERIALSWARRANTY DISCLAIMERS SET FORTH HEREIN MAY NOT APPLY IN CERTAIN JURISDICTIONS, SCEA'S CONFIDENTIAL INFORMATIONIN WHICH CASE THE WARRANTEES HEREUNDER SHALL BE THE MINIMUM REQUIRED BY LAW. b. Software may contain, LICENSED PRODUCTSor be modified to contain, SCEA DEMO DISCS AND THE SYSTEMcomputer code capable of automatically disabling proper operation or functioning of Software and/or the system upon which it is installed. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3Such disabling code may be activated (a) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDif Xerox is denied access to the Software and/or the system as provided herein, (b) you otherwise breach any term of this Agreement, or (c) such license is terminated or expires. 4.

Appears in 1 contract

Sources: Driver Download Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREIN, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S ’S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The THE LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S ’S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S ’S PRODUCT INFORMATION WHICH MAY B BE REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND AND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S ’S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE STATUTE IS EXPRESSLY DISCLAIMED.

Appears in 1 contract

Sources: Licensed Publisher Agreement (Driftwood Ventures, Inc.)

DISCLAIMER OF WARRANTY. EXCEPT Licensor is committed to ensuring service quality and uptime excellence to provide Licensee with an optimal experience when using the Product. While the Licensor always endeavors to keep the Software running, Licensee acknowledges that the Software may be unavailable for short periods from time to time for maintenance and system improvements. In order to maintain excellent customer service, the Licensor will work diligently with Licensee to address any issues that arise. With the understanding that it is in Licensor’s best interest to provide superior service, LICENSEE SPECIFICALLY ACKNOWLEDGES AND AGREES THAT ITS USE OF THE PRODUCT WILL BE AT ITS OWN RISK AND THAT THE PRODUCT AND ALL PORTIONS THEREOF ARE PROVIDED ON AN "AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS" BASIS, NEITHER SCEA NOR AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR, ITS AFFILIATES AFFILIATES, ITS LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED IMPLIED, OR STATUTORY, STATUTORY REGARDING THE SONY MATERIALSPRODUCT, SCEA'S CONFIDENTIAL INFORMATION INCLUDING WITHOUT LIMITATION THE SYSTEMWARRANTIES THAT THEY ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, ACCURATE, NON-INTERFERING OR NON-INFRINGING. LICENSOR DOES NOT WARRANT THAT THE UNITS SOFTWARE WILL PERFORM, EXCEPT TO THE EXTENT STATED IN THE DOCUMENTATION. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE SITE WILL MEET REQUIREMENTS. LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT LICENSEE BEARS ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. LICENSOR IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF The LICENSED PRODUCTS MANUFACTURED ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT, AND AS PARTIAL CONSIDERATION FOR BEING GRANTED THE LICENSES HEREUNDER AND/LICENSEE AGREES TO BE BOUND BY THIS DISCLAIMER AND THE LIMITATIONS OF LIABILITY BELOW NOTWITHSTANDING THE FAILURE OF ANY REMEDY HEREUNDER OF ITS ESSENTIAL PURPOSE. IN CERTAIN CIRCUMSTANCES, SOME STATES OR PUBLISHER'S PRODUCT INFORMATION INCLUDED JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON SCEA DEMO DISCSHOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO LICENSEE IN WHOLE OR IN PART. SCEA SHALL NOT LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS LICENSORS, AFFILIATES, OFFICERS, EMPLOYEES, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INJURYINDIRECT, LOSS SPECIAL, INCIDENTAL OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES OR INABILITY TO USE ANY UNITS AND/GOODWILL, WORK STOPPAGE, LOSS OF DATA, INACCURACIES, COMPUTER FAILURE OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY MALFUNCTION, EVEN IF LICENSEE IS ADVISED OF THE FOREGOINGPOSSIBILITY THEREOF, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) REGARDLESS OF THE UNIFORM COMMERCIAL CODE AND/LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE FOREGOING LIMITATIONS OF LIABILITY FORM AN ESSENTIAL PART OF THIS AGREEMENT AND LICENSOR WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CERTAIN CIRCUMSTANCES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO LICENSEE IN WHOLE OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDPART. COMPLIANCE WITH LAWS. Licensee agrees to comply with all applicable laws and regulations, domestic and foreign, with respect to the Product, including without limitation those related to export and import controls, confidentiality and protection of personal data. Licensee further agrees to comply with all local law and regulatory requirements necessary to ensure that Licensee’s employees, agents and representatives comply with the terms of this Agreement as if they were parties hereto.

Appears in 1 contract

Sources: Terms of Service

DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE EXPRESSLY FOR THE EXPRESS LIMITED WARRANTY SET FORTH ---------------------- HEREINABOVE, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKECENTRALSQUARE MAKES NO WARRANTIES WHATSOEVER, NOR DOES PUBLISHER RECEIVEEXPRESSED OR IMPLIED, ANDY REPRESENTATIONS OR WARRANTIESWITH REGARD TO THE SOLUTIONS, EXPRESSPROFESSIONAL SERVICES, IMPLIED OR STATUTORYSUPPORT SERVICES, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OTHER MATTER RELATING TO THIS AGREEMENT, AND THAT CENTRALSQUARE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OTHER, INCLUDING ALL WARRANTIES ARISING FROM COURSE OF THE FOREGOINGDEALING, SCEA ND ITS AFFILIATES USAGE OR TRADE PRACTICE, AND SUPPLIERS EXPRESSLY DISCLAIM THE SPECIFICALLY DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, AND THEIR EQUIVALENTS UNDER NON- INFRINGEMENT. FURTHER, CENTRALSQUARE EXPRESSLY DOES NOT WARRANT THAT A SOLUTION, ANY CUSTOM MODIFICATION OR ANY IMPROVEMENTS WILL BE USABLE BY CUSTOMER IF THE LAWS SOLUTION OR CUSTOM MODIFICATION HAS BEEN MODIFIED BY ANYONE OTHER THAN CENTRALSQUARE PERSONNEL, SUBCONTRACTORS OR AT CENTRALSQUARE’S DIRECTION, OR WILL BE ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION OR WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE TO THE EXTENT EXPRESSLY SET FORTH IN THE DOCUMENTATION. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS-IS” AND ANY REPRESENTATION OR WARANTY OF OR CONCERNING ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS OF THEM IS STRICTLY BETWEEN CUSTOMER AND THE SYSTEMTHIRD-PARTY OWNER. THIS AGREEMENT DOES NOT AMEND, OR MODIFY CENTRALSQUARE’S WARRANTY UNDER ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/AGREEMENT OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDCONDITIONS, LIMITATIONS, OR RESTRICTIONS THEREOF.

Appears in 1 contract

Sources: Centralsquare Solutions Agreement

DISCLAIMER OF WARRANTY. EXCEPT 10.1 THE SOFTWARE, DOCUMENTATION AND ANY PROFESSIONAL SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS” WITHOUT WARRANTY OF ANY KIND AND NEITHER COUCHBASE, NEITHER SCEA NOR ANY OF ITS AFFILIATES AND SUPPLIERS MAKEAFFILAITES OR LICENSORS (COLLECTIVELY, NOR DOES PUBLISHER RECEIVETHE “COUCHBASE PARTIES”) REPRESENT OR WARRANT THAT THE SOFTWARE, ANDY REPRESENTATIONS 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 COUCHBASE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESSEITHER EXPRESSED OR IMPLIED, IMPLIED OR STATUTORYINCLUDING, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL BUT NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY LIMITED TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, TITLE, AND THEIR EQUIVALENTS UNDER ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. THE LAWS OF ANY JURISDICTIONCOUCHBASE PARTIES DO NOT WARRANT THAT THE SOFTWARE IS DESIGNED, REGARDING MANUFACTURED, OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE WHERE THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) FAILURE OF THE UNIFORM COMMERCIAL CODE AND/PRODUCT COULD LEAD TO DEATH, PERSONAL INJURY, OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDSIGNIFICANT PHYSICAL OR ENVIRONMENTAL DAMAGE.

Appears in 1 contract

Sources: License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREIN, NEITHER SCEA NOR THE MOBILE SERVICES AND THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTION, THE PAID SERVICES OR OTHER SUBSCRIPTION OR MEMBERSHIP-BASED SERVICES OR OTHER PAID OR UNPAID PRODUCTS OR SERVICES, MATERIAL AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MCA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE, THE PAID SERVICES OR OTHER SUBSCRIPTION OR MEMBERSHIP-BASED SERVICES OR THE MOBILE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, THE PAID SERVICES OR OTHER SUBSCRIPTION OR MEMBERSHIP-BASED SERVICES OR THE MOBILE SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING THE SITE TOOLS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MCA AND ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS DISCLAIM ALL EXPRESS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER (WHETHER OR NOT THE LAWS OF ANY JURISDICTIONPURPOSE HAS BEEN DISCLOSED), REGARDING THE SONY MATERIALSCOMPATIBILITY, SCEA'S CONFIDENTIAL INFORMATIONSECURITY, LICENSED PRODUCTSACCURACY, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2OR NON-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDINFRINGEMENT.

Appears in 1 contract

Sources: User Agreement

DISCLAIMER OF WARRANTY. EXCEPT TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE AND SERVICE AND ANY THIRD-PARTY SOFTWARE OR SERVICE ARE PROVIDED ON AN "AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS" AND "AS AVAILABLE" BASIS, NEITHER SCEA NOR WITH ALL FAULTS. SECURED2 AND ITS AFFILIATES AND SUPPLIERS MAKELICENSORS PROVIDE THE SERVICE WITHOUT WARRANTIES OF ANY KIND, NOR DOES PUBLISHER RECEIVEWRITTEN OR ORAL, ANDY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALSEITHER EXPRESS OR IMPLIED, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMINCLUDING WITHOUT LIMITATION, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, INCLUDING THOSE ARISING FROM COURSE OF DEALING OR COURSE OF TRADE AND DISCLAIMS ANY SUCH WARRANTIES. SECURED2 AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. NO ADVICE OR INFORMATION GIVEN BY SECURED2, ITS LICENSORS, AFFILIATES, ITS AGENTS, OR ITS CONTRACTORS OR THEIR EQUIVALENTS UNDER RESPECTIVE EMPLOYEES WILL VARY THE LAWS TERMS OF THIS AGREEMENT OR CREATE ANY JURISDICTIONWARRANTY. SECURED2 IS NOT RESPONSIBLE FOR DEFACEMENT, REGARDING THE SONY MATERIALSMISUSE, SCEA'S CONFIDENTIAL INFORMATIONABUSE, LICENSED PRODUCTSNEGLECT, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) IMPROPER USE OF THE UNIFORM COMMERCIAL CODE AND/SERVICES BY YOU, FORCE MAJEURE EVENTS SUCH AS IMPROPER ELECTRICAL VOLTAGES OR CURRENT, REPAIRS, ALTERATIONS, MODIFICATIONS BY OTHERS, ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE ▇▇▇▇▇▇▇▇.▇▇ THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SECURED2 TECHNICAL SUPPORT IS NOT WARRANTED AND IS USED AT YOUR OWN RISK. SECURED2 AND ITS LICENSORS MAKE NO WARRANTY REGARDING TRANSACTIONS EXECUTED AND CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE. TO THE EXTENT THAT ANY LIMITATION IN ANY OTHER COMPARABLE STATUE THIS SECTION IS EXPRESSLY DISCLAIMEDNOT PERMITTED BY APPLICABLE LAW, SUCH LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT IT IS BARRED BY APPLICABLE LAW.

Appears in 1 contract

Sources: Terms of Service Agreement

DISCLAIMER OF WARRANTY. (a) IF ▇▇▇▇▇ SYSTEMS ACQUIRES ANY THIRD-PARTY SOFTWARE, HARDWARE OR SERVICES FOR CALPX UNDER THIS AGREEMENT AT THE REQUEST OF CALPX, ▇▇▇▇▇ SYSTEMS SHALL PROVIDE SUCH THIRD-PARTY SOFTWARE, HARDWARE OR SERVICES ON AN "AS IS" BASIS, BUT ▇▇▇▇▇ SYSTEMS SHALL USE REASONABLE COMMERCIAL EFFORTS TO ASSIST CALPX IN ENFORCING ANY THIRD-PARTY WARRANTY AND SHALL PASS THROUGH TO CALPX THE BENEFIT OF ANY SUCH WARRANTY. (b) EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINMAY BE SPECIFICALLY PROVIDED IN THIS AGREEMENT, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS EACH PARTY DOES NOT MAKE, NOR DOES PUBLISHER RECEIVEAND HEREBY DISCLAIMS, ANDY ANY REPRESENTATIONS OR WARRANTIES, EXPRESSEXPRESS OR IMPLIED, IMPLIED INCLUDING WITHOUT LIMITATION ANY WARRANTY OF THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR STATUTORYRESULTS TO BE DERIVED FROM THE USE OF ANY RESOURCES, REGARDING THE SONY MATERIALS, SCEASERVICES OR MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT. (c) ▇▇▇▇▇ SYSTEMS DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES THAT ANY SERVICES PROVIDED UNDER THIS AGREEMENT SHALL IDENTIFY OR RESOLVE CALPX'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCSYEAR 2000 PROBLEM AREAS. SCEA ▇▇▇▇▇ SYSTEMS SHALL NOT BE LIABLE FOR ANY INJURY, LOSS FAILURE TO IDENTIFY OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT CORRECT CALPX'S YEAR 2000 PROBLEM AREAS REGARDLESS OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY FORM OF THE FOREGOINGCLAIM, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS EXCEPT FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED ▇▇▇▇▇ SYSTEMS OBLIGATIONS TO PROVIDE SERVICES DESCRIBED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMED9.4.

Appears in 1 contract

Sources: It Services Agreement (Perot Systems Corp)

DISCLAIMER OF WARRANTY. EXCEPT CLIENT UNDERSTANDS AND AGREES THAT CLIENT’S USE OF THE SERVICE (INCLUDING ALL CONTENT WITHIN THE SERVICE) AND ANY WEBSITE OR OTHER MEDIUM BY WHICH IT IS DELIVERED IS AT CLIENT’S SOLE RISK. THE SERVICE (INCLUDING ALL CONTENT WITHIN THE SERVICE) AND ANY WEBSITE OR OTHER MEDIUM BY WHICH IT IS DELIVERED ARE PROVIDED ON AN “AS OTHERWISE IS,” “WHERE IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, PORTMA EXPRESSLY SET FORTH ---------------------- HEREINDISCLAIMS ALL WARRANTIES OF ANY KIND, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKEWHETHER EXPRESS OR IMPLIED, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING WITH RESPECT TO THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMSERVICE, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/CONTENT CONTAINED THEREIN, ANY WEBSITE OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL OTHER MEDIUM BY WHICH IT IS DELIVERED, AND ANY OTHER MATTER UNDER OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, BUT NOT BE LIABLE FOR ANY INJURYLIMITED TO, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS NON- INFRINGEMENT. PORTMA MAKES NO WARRANTY OF ANY JURISDICTIONKIND THAT THE SERVICE, REGARDING THE SONY MATERIALSCONTENT CONTAINED THEREIN, SCEA'S CONFIDENTIAL INFORMATIONANY WEBSITE OR OTHER MEDIUM BY WHICH IT IS DELIVERED, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OR RESULTS OF THE UNIFORM COMMERCIAL CODE AND/USE THEREOF, WILL MEET CLIENT’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR IN WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDSERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.

Appears in 1 contract

Sources: User Agreement

DISCLAIMER OF WARRANTY. EXCEPT You expressly agree that use of this website is at your sole risk. Neither 814 CRE, LLC, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials. The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, 814 CRE, LLC does not warrant reliability of any statement or other information displayed or distributed through the site. 814 CRE, LLC reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. 814 CRE, LLC may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. 814 CRE, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, 814 CRE, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSEXPRESS OR IMPLIED, IMPLIED OR STATUTORYOF ANY KIND, REGARDING WITH RESPECT TO ANY OF THE SONY MATERIALS, SCEA'S CONFIDENTIAL CONTENT, OR INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/THIS SITE OR ANY SOFTWARE ERRORS AND/GOODS OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY THIS SITE OR YOUR USE OF THE FOREGOINGTHIS SITE GENERALLY, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2NON-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDINFRINGEMENT.

Appears in 1 contract

Sources: Website Terms of Use Agreement

DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. CSI AND ITS LICENSORS (FOR THE PURPOSES OF SECTIONS 8 AND 9, CSI AND ITS LICENSORS WILL BE COLLECTIVELY REFERRED TO AS "CSI") EXPRESSLY DISCLAIM ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, WHETHER SUCH WARRANTIES ARE EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREIN, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIES, EXPRESS, TO THE EXTENT THAT ANY WARRANTIES IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BY LAW CANNOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCSVALIDLY WAIVED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM CSI MAKES NO WARRANTY OR REPRESENTATION THAT THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER FUNCTIONS CONTAINED IN THE LAWS OF ANY JURISDICTIONSOFTWARE WILL MEET YOUR REQUIREMENTS, REGARDING THAT THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OPERATION OF THE UNIFORM COMMERCIAL CODE AND/SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN ANY THE SOFTWARE WILL BE CORRECTED, NOR WITH RESPECT TO THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE SOFTWARE. YOU FURTHER ACKNOWLEDGE THAT THE SOFTWARE MAY HAVE LIMITED FUNCTIONALITY, CONTAIN BUGS, ERRORS, AND OTHER COMPARABLE STATUE PROBLEMS THAT COULD CAUSE COMPUTER SOFTWARE, HARDWARE, AND SYSTEM FAILURES OR LOSS OF DATA. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS EXPRESSLY DISCLAIMEDAT YOUR SOLE RISK.

Appears in 1 contract

Sources: End User License Agreement

DISCLAIMER OF WARRANTY. THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS, AS AVAILABLE" BASIS, AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS OTHERWISE EXPRESSLY SPECIFICALLY SET FORTH ---------------------- HEREININ THIS AGREEMENT, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WARRANTIES OF ANY KIND REGARDING THE SONY MATERIALSSERVICES, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMANY PRODUCTS MADE AVAILABLE TO YOU IN CONNECTION THEREWITH, THE UNITS OR YOUR ACCESS TO OR USE OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTIONPURPOSE, REGARDING THE SONY MATERIALSTITLE, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATIERAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SERVICES ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDHARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Sources: Terms of Use Agreement

DISCLAIMER OF WARRANTY. EXCEPT THE CONTENT PROVIDED ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND THE CONTENT THEREIN ARE PROVIDED ON AN “AS OTHERWISE IS” AND “AS AVAILABLE” BASIS. NONE OF FHF, ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY THE “FHF PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT. NONE OF FHF PARTIES WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE, ITS SERVER, OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY SET FORTH ---------------------- HEREINAGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NONE OF FHF PARTIES MAKES ANY, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKEHEREBY SPECIFICALLY DISCLAIMS ANY, NOR DOES PUBLISHER RECEIVEREPRESENTATIONS, ANDY REPRESENTATIONS ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS, IMPLIED EXPRESS OR STATUTORYIMPLIED, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/SITE OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. CONTENT, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGLIMITATION, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS NON-INFRINGEMENT OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2THIRD-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDPARTY RIGHTS.

Appears in 1 contract

Sources: Terms of Use

DISCLAIMER OF WARRANTY. EXCEPT RELATING TO POOL. APPLICANT ACKNOWLEDGES AND AGREES THAT THE POOL SERVICES ARE PROVIDED "AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREIN, NEITHER SCEA NOR ITS AFFILIATES IS," AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY THAT POOL MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSEXPRESS OR IMPLIED, IMPLIED STATUTORY OR STATUTORYOTHERWISE, REGARDING AND SPECIFICALLY DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ITS SUPPLIERS AND LICENSORS, ANY WARRANTIES AS TO THE SONY MATERIALSUSEFULNESS, SCEA'S CONFIDENTIAL INFORMATION ACCURACY, RELIABILITY, NON-INFRINGEMENT OR EFFECTIVENESS OF SUCH POOL SERVICES OR THAT ANY OF SUCH POOL SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR THAT DEFECTS HAVE OR WILL BE CORRECTED, OR THAT SUCH POOL SERVICES WILL MEET THE SYSTEM, THE UNITS NEEDS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCSPARTY. WITHOUT LIMITING THE GENERALITY FOREGOING, POOL DISCLAIMS ALL WARRANTIES OF REASONABLE SKILL OR CARE. IN NO EVENT WILL POOL BE LIABLE TO REGISTRAR OR PARTICIPANT FOR ANY FAILURE, DISRUPTION, DOWNTIME, INCORRECT LINKAGE OR OTHER NON-PERFORMANCE OF THE FOREGOINGPOOL SERVICES. POOL'S SOLE LIABILITY, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM REGISTRAR'S SOLE REMEDY, WITH RESPECT TO SUCH WARRANTY WILL BE POOL'S OBLIGATION TO CORRECT ERRORS WITH A LEVEL OF EFFORT COMMENSURATE WITH THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) SEVERITY OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDERROR.

Appears in 1 contract

Sources: Domain Registration Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINMAY BE PROVIDED TO THE CONTRARY IN A WRITING BY KPS, NEITHER SCEA NOR ITS AFFILIATES YOUR USE AND SUPPLIERS MAKEBROWSING OF, NOR DOES PUBLISHER RECEIVEAND ANY RELIANCE BY YOU UPON, ANDY REPRESENTATIONS THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITE, OR WARRANTIESWITH THE T&C, OR ANY PORTION THEREOF, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT, SOFTWARE, DOCUMENTS AND MATERIAL ACCESSIBLE FROM THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALSINCLUDING, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMWITHOUT LIMITATION, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF KPS HAS BEEN MADE AWARE OF SUCH PURPOSE), TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. KPS DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. KPS DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, KPS DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY WARRANTIES THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SITE BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KPS OR AN AUTHORIZED REPRESENTATIVE OF KPS SHALL CREATE A WARRANTY. LIMITATION OF LIABILITY IN NO EVENT SHALL KPS, ITS INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, CONSULTANTS, SUCCESSORS, ASSIGNS, AFFILIATES, AGENTS AND LICENSORS OR THEIR EQUIVALENTS UNDER THE LAWS RESPECTIVE DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY JURISDICTIONKIND, REGARDING OR FOR ANY LOSSES OR EXPENSES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), INJURY OR DAMAGES CAUSED BY ANY CONTENT, DOCUMENTS, SOFTWARE, MATERIALS OR INFORMATION RECEIVED FROM OR THROUGH THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) USE OF THE UNIFORM COMMERCIAL CODE AND/SITE, ANY EMAIL DISTRIBUTED TO ANY USER OR ANY THIRD PARTY SITES OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR OTHERWISE, ARISING OUT OF OR IN ANY OTHER COMPARABLE STATUE WAY CONNECTED WITH THE USE OF THE SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM KPS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO KPS'S RECORDS, PROGRAMS OR SERVICES, EVEN IF AN INDEMNITEE, IS EXPRESSLY DISCLAIMEDADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES OR EXPENSES. You specifically acknowledge and agree that the Indemnitees are not liable for any defamatory, offensive or illegal conduct of any user. In addition, while KPS intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Site, KPS does not warrant, guarantee or make any representations that the Site, or any Site Contents, shall be available for downloading, or will be free of viruses, spyware or destructive materials and the Indemnitees shall not be liable, for any viruses, spyware or other destructive materials that may infect your computer equipment or other property on account of your access to, use of, or browsing of, the Site or the server that makes it available, or your uploading of any content to the Site. APPLICABLE LAW AND VENUE These T&C shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. You may not assign or otherwise transfer by operation of law or otherwise these T&C or any rights or obligations herein. These T&C and your use of the Site will be governed by and construed in accordance with the laws of India, applicable to agreements made and to be entirely performed within India, without resort to its conflict of law provisions. You agree that the Courts of Mumbai alone and no other courts shall have the jurisdiction to entertain and try any action at law or in equity arising out of or relating to these T&C shall be filed only in the courts located in India and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of the Site, any purchase from this site, or these T&C. MODIFICATION & NOTICE You agree that KPS may modify these T&C and any other policies on our Site at any time and that posting the modified T&C or policies on our Site will constitute sufficient notice of such modification.

Appears in 1 contract

Sources: Terms and Conditions Agreement

DISCLAIMER OF WARRANTY. EXCEPT YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE RAIN CIN(s) IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAIN CINs ARE PROVIDED ON AN “AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED OR IMPLIED, STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCSOTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE RAIN ALLIANCE HEREBY EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, AND THEIR EQUIVALENTS UNDER ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE OR ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, CONTRACT, OR ANY OTHER BASIS. RAIN ALLIANCE MAKES NO WARRANTY, AND HEREBY EXPLICITLY DISCLAIMS ANY WARRANTY, THAT THE LAWS RAIN CIN WILL MEET YOUR REQUIREMENTS, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE DISCLAIMERS HEREIN APPLY REGARDLESS OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE DEGREE TO WHICH RAIN CINs ARE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE WHOLE OR IN PART DIRECLTY BY RAIN ALLIANCE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDBY A THIRD-PARTY SERVICE PROVIDER.

Appears in 1 contract

Sources: Rain Cin Agreement

DISCLAIMER OF WARRANTY. EXCEPT THE SOFTWARE IS PROVIDED TO YOU BY ES "AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS", NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKEYOU ACKNOWLEDGE AND AGREE THAT ES MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS EITHER EXPRESS OR WARRANTIES, EXPRESS, IMPLIED IMPLIED. THERE ARE NO EXPRESS OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS OF THE SOFTWARE FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER PURPOSE, OR THAT THE LAWS OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) USE OF THE UNIFORM COMMERCIAL CODE AND/SOFTWARE WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER RIGHTS, OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES. IN PARTICULAR, NOTHING IN THIS AGREEMENT IS OR WILL BE CONSTRUED AS: (a) A WARRANTY OR REPRESENTATION BY ES AS TO THE VALIDITY OR SCOPE OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS IN THE SOFTWARE; (b) AN OBLIGATION TO FURNISH ANY SOFTWARE, TECHNOLOGY, OR TECHNOLOGICAL INFORMATION TO YOU; (c) AN OBLIGATION ON ES TO CORRECT MALFUNCTIONS ("MALFUNCTIONS") THAT ARISE IN ANY OTHER COMPARABLE STATUE VERSION OF THE SOFTWARE DELIVERED TO YOU. MALFUNCTIONS, AS USED HEREIN, MEANS ERRORS DEEMED TO BE INTERNAL TO THE SOFTWARE. ES DOES NOT WARRANT THAT THE SOFTWARE IS EXPRESSLY DISCLAIMEDFREE FROM MALFUNTIO NS, NOR THAT ANY MALFUNCTIONS CAN OR WILL BE CORRECTED.

Appears in 1 contract

Sources: End User License Agreement

DISCLAIMER OF WARRANTY. THE PANEL SERVICES ARE PROVIDED TO YOU ON AN "AS IS, AS AVAILABLE" BASIS, AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS OTHERWISE EXPRESSLY SPECIFICALLY SET FORTH ---------------------- HEREININ THIS AGREEMENT, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WARRANTIES OF ANY KIND REGARDING THE SONY MATERIALSPANEL SERVICES, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMANY PRODUCTS MADE AVAILABLE TO YOU IN CONNECTION THEREWITH, THE UNITS OR YOUR ACCESS TO OR USE OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTIONPURPOSE, REGARDING THE SONY MATERIALSTITLE, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE PANEL SERVICES ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE PANEL SERVICES WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE PANEL SERVICES WILL BE UNINTERRUPTED OR ERROR- FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDHARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Sources: Terms of Use

DISCLAIMER OF WARRANTY. EXCEPT THESE SERVICES ARE PROVIDED BY BEAR CRUSH ON AN “AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREIN, NEITHER SCEA NOR ITS AFFILIATES IS” AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY “AS AVAILABLE” BASIS. BEAR CRUSH MAKES NO REPRESENTATIONS OR WARRANTIESWARRANTIES OF ANY KIND, EXPRESSEXPRESS OR IMPLIED, IMPLIED AS TO THE OPERATION OF THEIR SERVICES, OR STATUTORYTHE INFORMATION, REGARDING CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK. NEITHER BEAR CRUSH NOR ANY PERSON ASSOCIATED WITH BEAR CRUSH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE SONY MATERIALSCOMPLETENESS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMSECURITY, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/RELIABILITY, QUALITY, ACCURACY, OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT AVAILABILITY OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCSSERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM NEITHER BEAR CRUSH NOR ANYONE ASSOCIATED WITH BEAR CRUSH REPRESENTS OR WARRANTS THAT THE IMPLIED SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. BEAR CRUSH HEREBY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDAPPLICABLE LAW.

Appears in 1 contract

Sources: Terms and Conditions

DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREIN, a. NEITHER SCEA OTHERSIDE NOR ITS AFFILIATES AND SUPPLIERS MAKETHIRD PARTY PROVIDERS WARRANT THE SERVICES WILL PERFORM IN ACCORDANCE WITH ANY SPECIFICATIONS, DOCUMENTATION, OR OTHER STANDARDS, PERFORM IN AN UNINTERRUPTED CAPACITY, BE ERROR-FREE OR BUG-FREE, PROVIDE COMPLETE OR ACCURATE DATA, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING DO THEY MAKE ANY WARRANTIES AS TO THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION RESULTS TO BE OBTAINED FROM THE SYSTEM, USE OF THE UNITS SERVICES. USE OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCSTHE SERVICES AND RELIANCE THEREON IS AT YOUR SOLE RISK. SCEA NEITHER OTHERSIDE NOR ITS THIRD PARTY PROVIDERS SHALL NOT IN ANY WAY BE LIABLE TO YOU OR ANY OTHER ENTITY OR PERSON FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR THEIR INABILITY TO USE THE SERVICES, OR FOR ANY UNITS AND/INACCURACIES, ERRORS, OMISSIONS, DELAYS, COMPUTER VIRUSES OR OTHER INFIRMITY OR CORRUPTION, DAMAGES, CLAIMS, LIABILITIES OR LOSSES, REGARDLESS OF CAUSE, IN OR ARISING FROM THE USE OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTY OR ANY SOFTWARE ERRORS AND/SUPPORT OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCSMAINTENANCE OF ANY KIND. WITHOUT LIMITING THE GENERALITY NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF THE FOREGOINGMERCHANTABILITY, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, NON-INFRINGEMENT, OR OF ANY OTHER TYPE IS PROVIDED HEREUNDER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OTHERSIDE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE DISCLAIMER, EXCLUSIONS AND THEIR EQUIVALENTS LIMITATIONS MAY NOT APPLY TO YOU. b. FROM TIME TO TIME, OTHERSIDE MAY OFFER NEW “BETA” FEATURES OR TOOLS RELATING TO THE SERVICES WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT OTHERSIDE’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS. c. IF YOU ARE A USER FROM NEW JERSEY, THIS SECTION TITLED “DISCLAIMER OF WARRANTIES” AND THE SECTIONS TITLED “LIMITATION OF LIABILITY” AND “INDEMNIFICATION” BELOW ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY JURISDICTION, REGARDING PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) LAWS OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDSTATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Appears in 1 contract

Sources: Terms of Use

DISCLAIMER OF WARRANTY. EXCEPT a. YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS PROVIDED "AS OTHERWISE IS", WITHOUT WARRANTY OF ANY KIND BY XEROX OR ITS LICENSORS. XEROX AND ITS LICENSORS EXPRESSLY SET FORTH ---------------------- HEREIN, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR DISCLAIM ALL WARRANTIES, EXPRESSEXPRESS OR IMPLIED, IMPLIED WHETHER CREATED BY STATUTE OR STATUTORYOTHERWISE, REGARDING THE SONY MATERIALSINCLUDING, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMBUT NOT LIMITED TO, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. XEROX AND THEIR EQUIVALENTS UNDER ITS LICENSORS DO NOT WARRANT THAT THE LAWS SOFTWARE WILL MEET YOUR PARTICULAR REQUIREMENTS, THAT IT WILL OPERATE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE CAN OR WILL BE CORRECTED. ALL WARRANTIES AND REPRESENTATIONS MADE BY PERSONS OTHER THAN XEROX, INCLUDING, BUT NOT LIMITED TO, YOUR AUTHORIZED SERVICE PROVIDER, DISTRIBUTORS, DEALERS, CONCESSIONAIRES AND OTHER RESELLERS OF ANY JURISDICTIONXEROX, REGARDING ARE ALSO DISCLAIMED. THE SONY MATERIALSWARRANTY DISCLAIMERS SET FORTH HEREIN MAY NOT APPLY IN CERTAIN JURISDICTIONS, SCEA'S CONFIDENTIAL INFORMATIONIN WHICH CASE THE WARRANTEES HEREUNDER SHALL BE THE MINIMUM REQUIRED BY LAW. b. Software may contain, LICENSED PRODUCTSor be modified to contain, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMED.computer code

Appears in 1 contract

Sources: Software License Agreement

DISCLAIMER OF WARRANTY. EXCEPT THE INSTANA SERVICE, ACCESS THERETO, AND ANY SERVICES PROVIDED HEREUNDER ARE PROVIDED ON AN “AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS” BASIS, NEITHER SCEA NOR AND INSTANA AND ITS AFFILIATES AND SUPPLIERS AGENTS: (A) DO NOT MAKE, NOR DOES PUBLISHER RECEIVEAND HEREBY EXPRESSLY DISCLAIM, ANDY REPRESENTATIONS OR ANY AND ALL WARRANTIES, EXPRESSWHETHER EXPRESS OR IMPLIED, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL INCLUDING BUT NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY LIMITED TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, NONIN- FRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND THEIR EQUIVALENTS UNDER ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE; (B) DO NOT WARRANT THAT ACCESS TO THE LAWS INSTANA SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY IN- FORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE THROUGH THE INSTANA SERVICE IS FREE OF VIRUSES (ALTHOUGH INSTANA REPRESENTS THAT IT WILL USE COMMERCIALLY REA- SONABLE EFFORTS TO AVOID VIRUSES) OR OTHER HARMFUL CONTENTS OR COMPONENTS; (C) SHALL IN NO EVENT BE LIABLE TO CLIENT OR ANYONE ELSE FOR ANY JURISDICTIONINACCURACY, REGARDING THE SONY MATERIALSERROR OR OMISSION IN, SCEA'S CONFIDENTIAL INFORMATIONOR LOSS, LICENSED PRODUCTSINJURY OR DAMAGE (INCLUDING LOSS OF DATA) CAUSED IN WHOLE OR IN PART BY, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OR FAILURES, DELAYS OR INTERRUPTIONS OF THE UNIFORM COMMERCIAL CODE AND/INSTANA SERVICE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES. IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDSUCH JURISDICTIONS, INSTANA’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Appears in 1 contract

Sources: Terms of Service

DISCLAIMER OF WARRANTY. EXCEPT TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE AND SERVICE AND ANY THIRD PARTY SOFTWARE OR SERVICE ARE PROVIDED ON AN "AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS" AND "AS AVAILABLE" BASIS, NEITHER SCEA NOR WITH ALL FAULTS. SYMANTEC AND ITS AFFILIATES LICENSORS AND SUPPLIERS MAKECSIDENTITY CORPORATION AND ITS DATA PROVIDERS PROVIDE THE SERVICE WITHOUT WARRANTIES OF ANY KIND, NOR DOES PUBLISHER RECEIVEWRITTEN OR ORAL, ANDY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALSEITHER EXPRESS OR IMPLIED, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMINCLUDING WITHOUT LIMITATION, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, INCLUDING THOSE ARISING FROM COURSE OF DEALING OR COURSE OF TRADE AND DISCLAIMS ANY SUCH WARRANTIES. SYMANTEC AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, ERROR- FREE, OR SECURE. NO ADVICE OR INFORMATION GIVEN BY SYMANTEC, ITS LICENSORS, AFFILIATES, ITS AGENTS, OR ITS CONTRACTORS OR THEIR EQUIVALENTS UNDER RESPECTIVE EMPLOYEES WILL VARY THE LAWS TERMS OF THIS AGREEMENT OR CREATE ANY JURISDICTIONWARRANTY. SYMANTEC IS NOT RESPONSIBLE FOR DEFACEMENT, REGARDING THE SONY MATERIALSMISUSE, SCEA'S CONFIDENTIAL INFORMATIONABUSE, LICENSED PRODUCTSNEGLECT, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) IMPROPER USE OF THE UNIFORM COMMERCIAL CODE AND/SERVICES BY YOU, FORCE MAJEURE EVENTS OUT OF SYMANTEC’S REASONABLE CONTROL SUCH AS (I) IMPROPER ELECTRICAL VOLTAGES OR CURRENT, (II) REPAIRS, ALTERATIONS, MODIFICATIONS BY OTHERS, (III) ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE ELEMENTS. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SYMANTEC TECHNICAL SUPPORT IS NOT WARRANTED AND IS USED AT YOUR OWN RISK. SYMANTEC AND ITS LICENSORS MAKE NO WARRANTY REGARDING TRANSACTIONS EXECUTED AND CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE. TO THE EXTENT THAT ANY LIMITATION IN ANY OTHER COMPARABLE STATUE THIS SECTION IS EXPRESSLY DISCLAIMEDNOT PERMITTED BY APPLICABLE LAW, SUCH LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT IT IS BARRED BY APPLICABLE LAW.

Appears in 1 contract

Sources: Terms of Service

DISCLAIMER OF WARRANTY. EXCEPT The SOFTWARE is provided "AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS" AND “WITH ALL FAULTS”, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKEWITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR PAX TECHNOLOGY FURTHER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR IMPLIED, STATUTORY, REGARDING OR BY ESTOPPEL, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE TO DESCRIPTION OR SAMPLE, NO DEFECT IN WORKMANSHIP OR MATERIAL, LACK OF VIRUSES, AND LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY TO TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND NON-INFRINGEMENT WITH REGARD TO THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION SOFTWARE. THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ENTIRE RISK ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY PERFORMANCE OF THE FOREGOINGSOFTWARE AND DOCUMENTATION REMAINS WITH LICENSEE. NO ACTIVITY, SCEA ND SERVICE, ADVERTISING, PACKAGING, STATEMENT OR COMMUNICATION BY PAX TECHNOLOGY OR ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM SUPPLIER(S)IN RELATION TO THE IMPLIED WARRANTIES SOFTWARE, EVEN IF PRESENTED IN A FORM OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER PRODUCT WARRANTY, WHETHER PRIOR TO, ON OR POST THE LAWS DATE OF ANY JURISDICTIONTHIS ▇▇▇▇, REGARDING THE SONY MATERIALSSHALL BE INTERPRETED AS AN ANNULMENT, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/IMPAIRMENT OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDMODIFICATION TO THIS DISCLAIMER.

Appears in 1 contract

Sources: End User License Agreement

DISCLAIMER OF WARRANTY. THE SITE AND SERVICES ARE PROVIDED TO YOU ON AN "AS IS, AS AVAILABLE" BASIS, AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS OTHERWISE EXPRESSLY SPECIFICALLY SET FORTH ---------------------- HEREININ THIS AGREEMENT, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WARRANTIES OF ANY KIND REGARDING THE SONY MATERIALSSITE AND SERVICES, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMANY PRODUCTS MADE AVAILABLE TO YOU IN CONNECTION THEREWITH, THE UNITS OR YOUR ACCESS TO OR USE OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTIONPURPOSE, REGARDING THE SONY MATERIALSTITLE, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATIERAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SITE AND/OR OUR SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDHARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Sources: Terms of Use Agreement

DISCLAIMER OF WARRANTY. EXCEPT YOU EXPRESSLY ACKNOWLEDGE AND AGREE WORLD TARIFF IS NOT CHARGING YOU A FEE FOR ACCESS TO OR USE OF WORLD TARIFF SOFTWARE. WORLD TARIFF TECHNOLOGY IS PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WORLD TARIFF TECHNOLOGY, INCLUDING ANY SERVICES OFFERED THROUGH WORLD TARIFF TECHNOLOGY, ARE PROVIDED ON AN "AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SCEA NOR WORLD TARIFF AND ITS AFFILIATES REPRESENTATIVES, DISCLAIM AND SUPPLIERS MAKEEXCLUDE ALL WARRANTIES, NOR DOES PUBLISHER RECEIVE, ANDY CONDITIONS OR REPRESENTATIONS OR WARRANTIESWHETHER, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALSOR IMPLIED, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTIONPURPOSE, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEMWARRANTIES OF NON-INFRINGEMENT OR QUIET ENJOYMENT. WORLD TARIFF DOES NOT WARRANT THAT (A) WORLD TARIFF TECHNOLOGY WILL MEET ANY WARRANTY AGAINST INFRINGEMENT THAT MAY OR ALL OF YOUR REQUIREMENTS; (B) OPERATIONS WILL BE PROVIDED IN SECTION 2-312(3UNINTERRUPTED OR ERROR FREE; (C) OF THE UNIFORM COMMERCIAL CODE AND/ANY DEFECT WITHIN WORLD TARIFF TECHNOLOGY OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMED.SERVICES OFFERED THROUGH WORLD TARIFF TEHCNOLOGY WILL BE CORRECTED; OR

Appears in 1 contract

Sources: End User License Agreement

DISCLAIMER OF WARRANTY. EXCEPT TO THE EXTENT PERMITTED BY APPLICABLE LAW, (1) THE SOFTWARE SERVICES ARE PROVIDED “AS OTHERWISE IS” AND WITHOUT WARRANTY OF ANY KIND, AND (2) SYMANTEC EXPRESSLY SET FORTH ---------------------- HEREINDISCLAIMS ALL REPRESENTATIONS, NEITHER SCEA NOR ITS AFFILIATES CONDITIONS AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. TO THE LAWS OF ANY JURISDICTIONEXTENT PERMITTED BY APPLICABLE LAW, REGARDING SYMANTEC ADDITIONALLY MAKES NO WARRANTIES THAT: (I) THE SONY MATERIALSSOFTWARE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SOFTWARE SERVICES WILL BE UNINTERRUPTED, SCEA'S CONFIDENTIAL INFORMATIONTIMELY, LICENSED PRODUCTSSECURE, SCEA DEMO DISCS AND OR ERROR-FREE; (III) THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT RESULTS THAT MAY BE PROVIDED IN SECTION 2-312(3) OBTAINED FROM THE USE OF THE UNIFORM COMMERCIAL CODE AND/SOFTWARE SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY SERVICES, SUBSCRIPTIONS, PRODUCTS, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SOFTWARE SERVICES WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN THE SOFTWARE SERVICES WILL BE CORRECTED; (VI) ALL VIRUSES WILL BE REMOVED THROUGH THE SOFTWARE SERVICES; OR (VII) IN RELATION TO THE PAYMENT OF THE REFUND, THE TIMELINESS OF SUCH PAYMENT WILL MEET YOUR EXPECTATIONS. IN ADDITION, SYMANTEC DOES NOT WARRANT ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDTHIRD-PARTY PRODUCTS.

Appears in 1 contract

Sources: Symantec Customer Agreement

DISCLAIMER OF WARRANTY. EXCEPT THE PARTIES HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SERVICES AND ANY OTHER THINGS DELIVERED, OR TO BE DELIVERED, BY NW PURSUANT TO THIS AGREEMENT ARE DELIVERED "AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS, NEITHER SCEA NOR ITS AFFILIATES WHERE IS" WITH ALL FAULTS AND SUPPLIERS MAKEDEFECTS. NW HEREBY DISCLAIMS, NOR DOES PUBLISHER RECEIVEAND PINNACLE HEREBY WAIVES, ANDY REPRESENTATIONS RELEASES AND RENOUNCES, ANY AND ALL OBLIGATIONS AND LIABILITIES OF NW AND RIGHTS, CLAIMS AND REMEDIES OF PINNACLE AGAINST NW, EXPRESS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIALIMPLIED, ARISING OUT OF THE USE BY LAW OR INABILITY OTHERWISE, WITH RESPECT TO USE ANY UNITS AND/FAULT OR DEFECT IN SUCH SERVICES OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGOTHER THINGS DELIVERED UNDER THIS AGREEMENT, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE INCLUDING BUT NOT LIMITED TO (A) ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE COURSE OF DEALING OR USAGE OF TRADE, (C) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT WHETHER OR NOT ARISING FROM NW'S NEGLIGENCE, ACTUAL OR IMPUTED; PROVIDED, HOWEVER, THAT THIS PROVISION DOES NOT APPLY TO A TORT CLAIM ARISING FROM NW'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, AND THEIR EQUIVALENTS UNDER THE LAWS (D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF ANY JURISDICTIONUSE, REGARDING THE SONY MATERIALSREVENUE OR PROFIT, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN FOR ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

Appears in 1 contract

Sources: Family Assistance Services Agreement (Pinnacle Airlines Corp)

DISCLAIMER OF WARRANTY. EXCEPT YOUR USE OF PLOWOPS AND THE SITE IS AT YOUR OWN SOLE RISK. PLOWOPS AND THE SITE ARE PROVIDED ON AN "AS OTHERWISE IS' AND "AS AVAILABLE" BASIS. PLOWOPS IS NOT INTENDED FOR VEHICLE NAVIGATION OR TURN-BY-TURN ROUTING. NEOTREKS EXPRESSLY SET FORTH ---------------------- HEREINDISCLAIMS ALL WARRANTIES OF ANY KIND, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR STATUTORYNON-INFRINGEMENT OF THIRD-PARTY RIGHTS, REGARDING WHICH ARE HEREBY DISCLAIMED TO THE SONY MATERIALSMAXIMUM EXTENT PERMITTED BY LAW. NEOTREKS MAKES NO REPRESENTATION, SCEA'S CONFIDENTIAL INFORMATION WARRANTY, OR GUARANTY AS TO THE SYSTEMRELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF PLOWOPS AND THE UNITS SITE. NEOTREKS DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER PLOWOPS OR THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) PLOWOPS AND THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED DATA OR MAPS WILL BE ACCURATE OR RELIABLE; (D) ERRORS OR DEFECTS WILL BE CORRECTED; OR (E) PLOWOPS AND THE SITE OR THE SERVER(S) THAT MAKE PLOWOPS OR THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT ANY MATERIAL AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCSDATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF OR FROM PLOWOPS OR THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INJURY OR HARM THAT MAY RESULT THEREFROM, INCLUDING TO YOUR VEHICLES, COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SCEA SHALL PLOWOPS, OR THE SITE MAY BE SUBJECT TO LIMITATION, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. NEOTREKS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR ANY OTHER DAMAGES OF ANY KIND RESULTING FROM SUCH PROBLEMS. BY SIGNING THE SERVICE AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND UNDERSTAND THAT TECHNICAL DIFFICULTIES COULD BE ENCOUNTERED IN CONNECTION WITH THE SERVICES. THESE DIFFICULTIES COULD INVOLVE, AMONG OTHERS, FAILURES, DELAYS, MALFUNCTION, SOFTWARE EROSION OR HARDWARE DAMAGE, WHICH DIFFICULTIES COULD BE THE RESULT OF HARDWARE, SOFTWARE OR COMMUNICATION LINK INADEQUACIES OR OTHER CAUSES. SUCH DIFFICULTIES COULD LEAD TO POSSIBLE ECONOMIC AND/OR DATA LOSS. IN NO EVENT WILL NEOTREKS OR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INJURYPOSSIBLE LOSS, LOSS COST OR DAMAGEDAMAGE INCLUDING, DIRECTWITHOUT LIMITATION, INDIRECT CONSEQUENTIAL DAMAGES WHICH MIGHT OCCUR AS A RESULT OF OR CONSEQUENTIAL, ARISING OUT OF USING, ACCESSING, INSTALLING, MAINTAINING, MODIFYING, DEACTIVATING OR ATTEMPTING TO ACCESS THE USE SERVICES OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDOTHERWISE.

Appears in 1 contract

Sources: Terms of Service

DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE EXPRESSLY FOR THE EXPRESS LIMITED WARRANTY SET FORTH ---------------------- HEREINABOVE, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKECENTRALSQUARE MAKES NO WARRANTIES WHATSOEVER, NOR DOES PUBLISHER RECEIVEEXPRESSED OR IMPLIED, ANDY REPRESENTATIONS OR WARRANTIESWITH REGARD TO THE SOLUTIONS, EXPRESSPROFESSIONAL SERVICES, IMPLIED OR STATUTORYSUPPORT SERVICES, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OTHER MATTER RELATING TO THIS AGREEMENT, AND THAT CENTRALSQUARE DISCLAIMS ANY WARRANTY, WHETHER EXPRESS, IMPLIED, STATUTORY, OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OTHER, INCLUDING ALL WARRANTIES ARISING FROM COURSE OF THE FOREGOINGDEALING, SCEA ND ITS AFFILIATES USAGE OR TRADE PRACTICE, AND SUPPLIERS EXPRESSLY DISCLAIM THE SPECIFICALLY DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY. FURTHER, CENTRALSQUARE EXPRESSLY DOES NOT WARRANT THAT A SOLUTION, ANY CUSTOM MODIFICATION OR ANY IMPROVEMENTS WILL BE USABLE BY CUSTOMER IF THE SOLUTION OR CUSTOM MODIFICATION HAS BEEN MODIFIED BY ANYONE OTHER THAN CENTRALSQUARE PERSONNEL, OR WILL BE ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION OR WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE TO THE EXTENT EXPRESSLY SET FORTH IN THE DOCUMENTATION. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS-IS” AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS OF THEM IS STRICTLY BETWEEN CUSTOMER AND THE SYSTEMTHIRD-PARTY OWNER. THIS AGREEMENT DOES NOT AMEND, OR MODIFY CENTRALSQUARE’S WARRANTY UNDER ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/AGREEMENT OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDCONDITIONS, LIMITATIONS, OR RESTRICTIONS THEREOF.

Appears in 1 contract

Sources: Centralsquare Solutions Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREIN, . NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY SCE MATERIALS, SCEA'S ’S CONFIDENTIAL INFORMATION THE SYSTEMPSP PLAYER, THE UNITS OF The THE LICENSED PSP PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S ’S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S ’S PRODUCT INFORMATION WHICH MAY B BE REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND AND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SONY SCE MATERIALS, SCEA'S ’S CONFIDENTIAL INFORMATION, LICENSED PSP PRODUCTS, SCEA DEMO DISCS AND THE SYSTEMPSP PLAYER. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE STATUTE IS EXPRESSLY DISCLAIMED.

Appears in 1 contract

Sources: Licensed Publisher Agreement (Midway Games Inc)

DISCLAIMER OF WARRANTY. THE EXPRESS WARRANTIES IN THIS SECTION 7 STATE SERVICE PROVIDER’S SOLE AND EXCLUSIVE WARRANTIES TO CLIENT CONCERNING THE SERVICES AND GOODS HEREUNDER. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREININ THIS SECTION 7 AND TO THE EXTENT PROHIBITED BY APPLICABLE LAW, NEITHER SCEA NOR ITS AFFILIATES THE SERVICES AND SUPPLIERS MAKEGOODS ARE PROVIDED STRICTLY “AS-IS,” “AS-AVAILABLE,” AND “WITH ALL FAULTS” AND SERVICE PROVIDER MAKES NO ADDITIONAL WARRANTIES OR REPRESENTATIONS OF ANY KIND, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIALIMPLIED, ARISING OUT FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY AS TO THE USE OR INABILITY TO USE ANY UNITS AND/SERVICES, GOODS, OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCSOTHER MATTER WHATSOEVER. WITHOUT LIMITING EXCEPT TO THE GENERALITY EXTENT PROHIBITED BY APPLICABLE LAW, SERVICE PROVIDER DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS OF THE FOREGOINGANY KIND, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, USE, OR A PARTICULAR OR BUSINESS RESULT, TITLE, NON-INFRINGEMENT, AND THEIR EQUIVALENTS UNDER ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. EXCEPT TO THE LAWS EXTENT PROHIBITED BY APPLICABLE LAW, SERVICE PROVIDER MAKES NO WARRANTY THAT THE GOODS OR SERVICES WILL: (I) MEET CLIENT’S REQUIREMENTS OR INTENDED PURPOSES OR USES; (II) PREVENT THE SPREAD OR INCURRENCE OF ANY JURISDICTIONILLNESS, REGARDING VIRUS, OR BACTERIA; (III) BE FREE FROM DEFECTS, WHETHER PATENT OR LATENT, IN DESIGN, MATERIALS OR WORKMANSHIP; AND (IV) BE FREE OF ANY LATEX, POLYVINYL CHLORIDE (PVC), DI-ETHYLHEXYL PHTHALATE (DEHP), HALOGENATED ORGANICS, PERSISTENT BIOACCUMULATIVE TOXIN (PBTS), OR CARCINOGENS AND REPRODUCTIVE TOXIN FREE (CA PROP 65). CLIENT ASSUMES TOTAL RESPONSIBILITY FOR THE SONY MATERIALSSELECTION, SCEA'S CONFIDENTIAL INFORMATIONUSE, LICENSED PRODUCTSMISUSE, SCEA DEMO DISCS AND ALTERATIONS OF THE SYSTEMGOODS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, CLIENT’S SOLE AND EXCLUSIVE REMEDY FOR SERVICE PROVIDER’S BREACH OF ANY WARRANTY AGAINST INFRINGEMENT THAT MAY WILL BE PROVIDED IN SECTION 2THE REPAIR, REPLACEMENT, OR RE-312(3) PERFORMANCE BY SERVICE PROVIDER OF THE UNIFORM COMMERCIAL CODE NONCONFORMING GOOD OR SERVICE. FOR THOSE TEST KITS UTILIZING DRIED BLOOD, THE DRIED BLOOD BIOMETRICS TESTS WERE DEVELOPED AND VALIDATED BY LETSGETCHECKED LABS FOR GENERAL HEALTH SCREENING PURPOSES PURSUANT TO CLIA REGULATIONS. A DRIED BLOOD SPOT TEST RESULT IS AN ESTIMATION OF THE RESULT THAT AN INDIVIDUAL WOULD RECEIVE FROM A VENIPUNCTURE SERUM ANALYSIS AND/OR IN ANY OTHER COMPARABLE STATUE , ALTHOUGH THESE HAVE BEEN PROVEN TO HAVE A HIGH CORRELATION WITH TRADITIONAL VENIPUNCTURE SERUM ANALYSIS THE DRIED BLOOD SPOT TEST CAN ALSO BE AFFECTED BY THE VOLUME OF SAMPLE THAT IS EXPRESSLY DISCLAIMEDCOLLECTED ONTO THE ADX CARD. ACCORDINGLY, DRIED BLOOD SPOT TESTING SHOULD NOT BE USED AS A DIAGNOSIS, AND SHOULD NOT BE USED TO MAKE CLINICAL DECISIONS.

Appears in 1 contract

Sources: End User Agreement

DISCLAIMER OF WARRANTY. a. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINPROVIDED BY THE APPLICABLE SLA, MASSIVE NETWORKS PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER SCEA MASSIVE NETWORKSN OR ITS AFFILIATES WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL DATA. b. NEITHER MASSIVE NETWORKS NOR ITS AFFILIATES AND SUPPLIERS MAKEMAKE ANY EXPRESS OR IMPLIED WARRANTIES, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIESENDORSEMENTS WHATSOEVER (INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT, EXPRESSOR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) REGARDING ANY MERCHANDISE, IMPLIED INFORMATION OR STATUTORYSERVICE PURCHASED OR PROVIDED THROUGH MASSIVE NETWORKS SERVICES, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA AND THEY SHALL NOT BE LIABLE FOR ANY INJURY, LOSS COST OR DAMAGE, DIRECT, INDIRECT DAMAGE ARISING EITHER DIRECTLY OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE INDIRECTLY FROM ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDSUCH TRANSACTION.

Appears in 1 contract

Sources: Service Agreement

DISCLAIMER OF WARRANTY. EXCEPT You may have a warranty that covers your Device. Any such warranty applies only to the Device, and not the System, and was not provided by Fullpower. Fullpower has no obligation under any such warranty. THE SYSTEM AND SERVICES ARE PROVIDED “AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY, NEITHER SCEA NOR ACCURACY, AND PERFORMANCE OF THE SYSTEM AND SERVICES IS WITH YOU. SHOULD THE SYSTEM OR SERVICES PROVE DEFECTIVE, NONE OF FULLPOWER, ITS AFFILIATES AND SUPPLIERS MAKEAFFILIATES, NOR DOES PUBLISHER RECEIVEITS LICENSORS OR SUPPLIERS, ANDY REPRESENTATIONS OR WARRANTIESANY PROVIDER OF ANY APP STORE THROUGH WHICH THE APP WAS OFFERED TO YOU, EXPRESSOR ANY OF FULLPOWER’S OR ITS AFFILIATES’ RESPECTIVE OFFICERS, IMPLIED DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMAGENTS (COLLECTIVELY, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER “FULLPOWER PARTIES”), HAVE ANY LIABILITY FOR THE SERVICING AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR REPAIR OF YOUR DEVICE OR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT PART OF THE USE SYSTEM. THE FULLPOWER PARTIES HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SYSTEM AND SERVICES, EXPRESS OR INABILITY TO USE IMPLIED, INCLUDING ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE USE OR PURPOSE. THE FULLPOWER PARTIES DO NOT WARRANT THAT THE SYSTEM OR SERVICES WILL MEET YOUR REQUIREMENTS IN ANY RESPECT, OR THAT THE OPERATION OF THE SYSTEM OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SYSTEM OR SERVICES WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE OR DEVICES, OR THAT THE SYSTEM WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, OR VIRUSES, OR THAT ERRORS IN THE SYSTEM OR SERVICES OR NONCONFORMITY TO ITS OR THEIR DOCUMENTATION CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND THEIR EQUIVALENTS UNDER CONSIDERATION TO FULLPOWER TO GRANT THE LAWS LICENSE CONTAINED IN THIS ▇▇▇▇ AND TO PROVIDE YOU WITH ACCESS TO THE SYSTEM AND SERVICES. NO ORAL OR WRITTEN PROMISE, ADVISE, OR INFORMATION PROVIDED TO YOU BY ANY SELLER OR DISTRIBUTOR OF DEVICES, ANY FULLPOWER LICENSEE, OR ANY REPRESENTATIVE OF FULLPOWER WILL CREATE ANY WARRANTY OBLIGATION OF FULLPOWER. THE FULLPOWER PARTIES DISCLAIM ALL EQUITABLE INDEMNITIES. CONDITION. CONSULT WITH YOUR DOCTOR BEFORE STARTING ANY EXERCISE PROGRAM AND TAKE CARE WHEN EXERCISING. YOU AGREE THAT YOU, AND NOT ANY OF THE FULLPOWER PARTIES, ARE RESPONSIBLE FOR ALL RISKS OF ANY JURISDICTIONEXERCISE OR OTHER ACTIVITY THAT YOU UNDERTAKE AND FOR ANY PARTICULAR ACTIVITY OR SLEEP OUTCOME (OR FAILURE TO ACHIEVE ANY SUCH OUTCOME). THE SYSTEM AND SERVICES MAY NOT BE USED FOR SAFETY OR LIFE APPLICATIONS, REGARDING THE SONY MATERIALSAS AN ALARM, SCEA'S CONFIDENTIAL INFORMATIONFOR EMERGENCY COMMUNICATIONS, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN FOR ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDAPPLICATION IN WHICH THE ACCURACY OR RELIABILITY OF, OR ANY FAILURE OF, THE SYSTEM OR SERVICES COULD CREATE A SITUATION WHERE PERSONAL INJURY, DEATH, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE MAY OCCUR. BY USING THE SYSTEM YOU ASSUME ALL RESPONSIBILITY AND RISK.

Appears in 1 contract

Sources: End User License Agreement

DISCLAIMER OF WARRANTY. EXCEPT a. YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS PROVIDED "AS OTHERWISE IS", WITHOUT WARRANTY OF ANY KIND BY XEROX OR ITS LICENSORS. XEROX AND ITS LICENSORS EXPRESSLY SET FORTH ---------------------- HEREIN, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR DISCLAIM ALL WARRANTIES, EXPRESSEXPRESS OR IMPLIED, IMPLIED WHETHER CREATED BY STATUTE OR STATUTORYOTHERWISE, REGARDING THE SONY MATERIALSINCLUDING, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMBUT NOT LIMITED TO, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, MERCHANTABILITY OR NON- INFRINGEMENT OF THIRD-PARTY RIGHTS. XEROX AND THEIR EQUIVALENTS UNDER ITS LICENSORS DO NOT WARRANT THAT THE LAWS SOFTWARE WILL MEET YOUR PARTICULAR REQUIREMENTS, THAT IT WILL OPERATE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE CAN OR WILL BE CORRECTED. ALL WARRANTIES AND REPRESENTATIONS MADE BY PERSONS OTHER THAN XEROX, INCLUDING, BUT NOT LIMITED TO, YOUR AUTHORIZED SERVICE PROVIDER, DISTRIBUTORS, DEALERS, CONCESSIONAIRES AND OTHER RESELLERS OF ANY JURISDICTIONXEROX, REGARDING ARE ALSO DISCLAIMED. THE SONY MATERIALSWARRANTY DISCLAIMERS SET FORTH HEREIN MAY NOT APPLY IN CERTAIN JURISDICTIONS, SCEA'S CONFIDENTIAL INFORMATIONIN WHICH CASE THE WARRANTEES HEREUNDER SHALL BE THE MINIMUM REQUIRED BY LAW. b. Software may contain, LICENSED PRODUCTSor be modified to contain, SCEA DEMO DISCS AND THE SYSTEMcomputer code capable of automatically disabling proper operation or functioning of Software and/or the system upon which it is installed. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3Such disabling code may be activated (a) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDif Xerox is denied access to the Software and/or the system as provided herein, (b) you otherwise breach any term of this Agreement, or (c) such license is terminated or expires. 4.

Appears in 1 contract

Sources: Software License Agreement

DISCLAIMER OF WARRANTY. EXCEPT a. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FHL PROVIDES THE SERVICES ON AN “AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY OR STATUTORYOTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR INCLUDING ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. FHL DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR- FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. FHL DISCLAIMS LIABILITY FOR, AND THEIR EQUIVALENTS UNDER NO WARRANTY IS MADE WITH RESPECT TO, THE LAWS CONNECTIVITY AND AVAILABILITY OF THE SERVICES. b. Third-Party Content. Opinions, advice, statements, offers, or other information or content made available through the Site or Services, but not directly by FHL, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. FHL DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY JURISDICTIONINFORMATION PROVIDED ON THE SERVICES, REGARDING OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE SONY MATERIALSACCURACY OR RELIABILITY OF ANY OPINION, SCEA'S CONFIDENTIAL INFORMATIONADVICE, LICENSED PRODUCTSOR STATEMENT MADE BY ANY PARTY OTHER THAN FHL. UNDER NO CIRCUMSTANCES WILL FHL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE´S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR SERVICES, SCEA DEMO DISCS AND THE SYSTEMOR TRANSMITTED TO OR BY ANY USERS. c. Beta Features. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDFrom time to time, FHL may offer new “beta” features or tools with which its users may experiment on the Site or Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at FHL´s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.

Appears in 1 contract

Sources: Terms and Conditions

DISCLAIMER OF WARRANTY. EXCEPT Customer agrees to use all Services and any information obtained through or from Company, at Customer’s own risk. Customer acknowledges and agrees that Company exercises no control over, and accepts no responsibility for, the content of the information passing through Company’s host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS, NEITHER SCEA NOR AS AVAILABLE BASIS. NONE OF COMPANY, ITS AFFILIATES AND SUPPLIERS MAKEPARENT, NOR DOES PUBLISHER RECEIVESUBSIDIARY OR AFFILIATED CORPORATIONS, ANDY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD- PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY LIKE (EACH, A “COMPANY PERSON”) MAKE ANY WARRANTIES OF THE FOREGOINGANY KIND, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER PURPOSE, OR NON-INFRINGEMENT, FOR THE LAWS SERVICES OR ANY EQUIPMENT COMPANY PROVIDES. NO COMPANY PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY JURISDICTION, REGARDING WARRANTIES AS TO THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT RESULTS THAT MAY BE PROVIDED IN SECTION 2-312(3) OBTAINED FROM THE USE OF THE UNIFORM COMMERCIAL CODE AND/SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. COMPANY IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDLIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER’S CUSTOMERS VIA THE SERVICES PROVIDED BY COMPANY. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY COMPANY PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.

Appears in 1 contract

Sources: Terms of Service Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREIN, a. NEITHER SCEA BAICAI NOR ITS AFFILIATES AND SUPPLIERS MAKETHIRD PARTY PROVIDERS WARRANT THE SERVICES WILL PERFORM IN ACCORDANCE WITH ANY SPECIFICATIONS, DOCUMENTATION, OR OTHER STANDARDS, PERFORM IN AN UNINTERRUPTED CAPACITY, BE ERROR-FREE OR BUG-FREE, PROVIDE COMPLETE OR ACCURATE DATA, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING DO THEY MAKE ANY WARRANTIES AS TO THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION RESULTS TO BE OBTAINED FROM THE SYSTEM, USE OF THE UNITS SERVICES. USE OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCSTHE SERVICES AND RELIANCE THEREON IS AT YOUR SOLE RISK. SCEA NEITHER BAICAI NOR ITS THIRD PARTY PROVIDERS SHALL NOT IN ANY WAY BE LIABLE TO YOU OR ANY OTHER ENTITY OR PERSON FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR THEIR INABILITY TO USE THE SERVICES, OR FOR ANY UNITS AND/INACCURACIES, ERRORS, OMISSIONS, DELAYS, COMPUTER VIRUSES OR OTHER INFIRMITY OR CORRUPTION, DAMAGES, CLAIMS, LIABILITIES OR LOSSES, REGARDLESS OF CAUSE, IN OR ARISING FROM THE USE OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTY OR ANY SOFTWARE ERRORS AND/SUPPORT OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCSMAINTENANCE OF ANY KIND. WITHOUT LIMITING THE GENERALITY NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF THE FOREGOINGMERCHANTABILITY, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, NON-INFRINGEMENT, OR OF ANY OTHER TYPE IS PROVIDED HEREUNDER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BAICAI OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE DISCLAIMER, EXCLUSIONS AND THEIR EQUIVALENTS LIMITATIONS MAY NOT APPLY TO YOU. b. FROM TIME TO TIME, BAICAI MAY OFFER NEW “BETA” FEATURES OR TOOLS RELATING TO THE SERVICES WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT BAICAI’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS. c. IF YOU ARE A USER FROM NEW JERSEY, THIS SECTION TITLED “DISCLAIMER OF WARRANTIES” AND THE SECTIONS TITLED “LIMITATION OF LIABILITY” AND “INDEMNIFICATION” BELOW ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY JURISDICTION, REGARDING PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) LAWS OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDSTATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Appears in 1 contract

Sources: Terms of Use

DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREININ THIS TERMINATION AND TRANSITION AGREEMENT, NEITHER SCEA NOR NO PARTY MAKES ANY REPRESENTATIONS OR GRANTS ANY WARRANTY, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, OR EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR ANY WARRANTY AS TO THE VALIDITY OF ANY PATENTS OR THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. IN THIS TERMINATION AND TRANSITION AGREEMENT, ALL INFORMATION AND MATERIALS (INCLUDING THE TERMINATION PRODUCT DATA AND REGULATORY DOCUMENTATION) PROVIDED TO BIOTIE OR ITS AFFILIATES OR CONTRACTORS UNDER THIS TERMINATION AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCSTRANSITION AGREEMENT ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “WITH ALL DEFECTS”. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES UCB DOES NOT MAKE ANY REPRESENTATION OR GRANT ANY WARRANTY THAT ANY INFORMATION OR MATERIALS PROVIDED UNDER THIS TERMINATION AND SUPPLIERS TRANSITION AGREEMENT ARE COMPLETE, AND BIOTIE EXPRESSLY DISCLAIM DISCLAIMS ANY RELIANCE ON THE IMPLIED WARRANTIES COMPLETENESS OF MERCHANTABILITY SUCH INFORMATION AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/AS TO WHICH BIOTIE AGREES TO MAKE ITS OWN CONFIRMATION OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDPERFORM ITS OWN VERIFICATION.

Appears in 1 contract

Sources: Termination and Transition Agreement (Biotie Therapies Corp.)

DISCLAIMER OF WARRANTY. EXCEPT Customer acknowledges and agrees that use of the Software is at ▇▇▇▇▇▇▇▇'s sole risk. The Software is provided "AS OTHERWISE IS" and without warranty of any kind and Andor and ▇▇▇▇▇’s Licensor EXPRESSLY SET FORTH ---------------------- HEREIN, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER DISCLAIM ALL WARRANTIES AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT BE LIABLE FOR ANY INJURYLIMITED TO, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS IMPLIED WARRANTIES AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER PURPOSE. ANDOR DOES NOT WARRANT THAT THE LAWS FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET CUSTOMER'S REQUIREMENTS, NOR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, MALWARE OR ERROR FREE, NOR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, ANDOR DOES NOT WARRANT OR MAKE ANY JURISDICTION, REPRESENTATIONS REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND USE OR THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) RESULTS OF THE UNIFORM COMMERCIAL CODE AND/USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ▇▇▇▇▇ ▇▇ ▇▇▇▇▇’S AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDWAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO CUSTOMER. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREDJUDICE THE STATUTORY RIGHTS OF CONSUMER ACQUIRING ANDOR PRODUCTS OTHERWISE THAN IN THE ORDINARY COURSE OF BUSINESS.

Appears in 1 contract

Sources: End User License Agreement

DISCLAIMER OF WARRANTY. EXCEPT You expressly acknowledge and agree that the use of the Product Software, sensors and/or applications are at your sole risk. The Product Software, sensors and/ or applications are provided “AS OTHERWISE IS” and without warranty of any kind. ▇▇▇▇▇ AND ITS LICENSORS EXPRESSLY SET FORTH ---------------------- HEREINDISCLAIM AND MAKE NO WARRANTIES, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKECONDITIONS, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIESTERMS, EXPRESSEXPRESS OR IMPLIED, IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR STATUTORYOTHERWISE AS TO THE PRODUCT SOFTWARE, REGARDING SENSORS, APPLICATIONS OR ANY COMPONENT THEREOF, INCLUDING BUT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. ▇▇▇▇▇ AND ITS LICENSORS DO NOT WARRANT THAT THE SONY MATERIALSFUNCTION CONTAINED IN THE PRODUCT SOFTWARE, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER SENSORS AND/OR PUBLISHER'S APPLICATIONS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCSSOFTWARE, SENSORS AND/OR APPLICATIONS WILL BE CORRECT OR COMPLETE. SCEA SHALL FURTHERMORE, ▇▇▇▇▇ AND ITS LICENSORS DO NOT BE LIABLE FOR WARRANT OR MAKE ANY INJURY, LOSS REPRESENTATIONS REGARDING THE USE OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT THE RESULTS OF THE USE OR INABILITY TO USE ANY UNITS OF THE PRODUCT SOFTWARE, SENSORS AND/OR APPLICATIONS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, PERFORMANCE OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ▇▇▇▇▇ OR ITS LICENSORS OR THEIR RESPECTIVE AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. ▇▇▇▇▇ AND ITS LICENSORS PROVIDE NO WARRANTY THAT ANY INFRASTRUCTURE, PROPERTY, COMMERCIAL RESTROOM FACILITY, DEVICE, OTHER PRODUCT SOFTWARE ERRORS OR DATA WILL NOT BE DAMAGED BY THE PRODUCT SOFTWARE, SENSORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDAPPLICATIONS.

Appears in 1 contract

Sources: End User License Agreement

DISCLAIMER OF WARRANTY. EXCEPT TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE AND SERVICE AND ANY THIRD PARTY SOFTWARE OR SERVICE ARE PROVIDED ON AN "AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS" AND "AS AVAILABLE" BASIS, NEITHER SCEA NOR WITH ALL FAULTS. SYMANTEC AND ITS AFFILIATES LICENSORS AND SUPPLIERS MAKECSIDENTITY CORPORATION AND ITS DATA PROVIDERS PROVIDE THE SERVICE WITHOUT WARRANTIES OF ANY KIND, NOR DOES PUBLISHER RECEIVEWRITTEN OR ORAL, ANDY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALSEITHER EXPRESS OR IMPLIED, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMINCLUDING WITHOUT LIMITATION, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, INCLUDING THOSE ARISING FROM COURSE OF DEALING OR COURSE OF TRADE AND DISCLAIMS ANY SUCH WARRANTIES. SYMANTEC AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR A COMPLETE REFLECTION OF ALL APPLICABLE INFORMATION. NO ADVICE OR INFORMATION GIVEN BY SYMANTEC, ITS LICENSORS, AFFILIATES, ITS AGENTS, OR ITS CONTRACTORS OR THEIR EQUIVALENTS UNDER RESPECTIVE EMPLOYEES WILL VARY THE LAWS TERMS OF THIS AGREEMENT OR CREATE ANY JURISDICTIONWARRANTY. SYMANTEC IS NOT RESPONSIBLE FOR DEFACEMENT, REGARDING THE SONY MATERIALSMISUSE, SCEA'S CONFIDENTIAL INFORMATIONABUSE, LICENSED PRODUCTSNEGLECT, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) IMPROPER USE OF THE UNIFORM COMMERCIAL CODE AND/SERVICES BY YOU, FORCE MAJEURE EVENTS OUT OF SYMANTEC’S REASONABLE CONTROL SUCH AS (I) IMPROPER ELECTRICAL VOLTAGES OR CURRENT, (II) REPAIRS, ALTERATIONS, MODIFICATIONS BY OTHERS, OR (III) ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE ELEMENTS. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SYMANTEC TECHNICAL SUPPORT IS NOT WARRANTED AND IS USED AT YOUR OWN RISK. SYMANTEC AND ITS LICENSORS MAKE NO WARRANTY REGARDING TRANSACTIONS EXECUTED AND CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE. TO THE EXTENT THAT ANY LIMITATION IN ANY OTHER COMPARABLE STATUE THIS SECTION IS EXPRESSLY DISCLAIMEDNOT PERMITTED BY APPLICABLE LAW, SUCH LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT IT IS BARRED BY APPLICABLE LAW.

Appears in 1 contract

Sources: Terms of Service

DISCLAIMER OF WARRANTY. EXCEPT 10.1 THE SOFTWARE, DOCUMENTATION AND ANY PROFESSIONAL SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS” WITHOUT WARRANTY OF ANY KIND INCLUDING THAT THE SOFTWARE, NEITHER SCEA NOR DOCUMENTATION OR PROFESSIONAL SERVICES PROVIDED HEREUNDER WILL MEET CUSTOMER’S REQUIREMENTS, OPERATE IN THE COMBINATIONS CUSTOMER MAY SELECT FOR USE, WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ALL SOFTWARE ERRORS OR DEFECTS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COUCHBASE, ANY OF ITS AFFILIATES AND SUPPLIERS MAKEOR LICENSORS (COLLECTIVELY, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR THE “COUCHBASE PARTIES”) HEREBY DISCLAIM ALL WARRANTIES, EXPRESSEITHER EXPRESSED OR IMPLIED, IMPLIED OR STATUTORYINCLUDING, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL BUT NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY LIMITED TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, TITLE, AND THEIR EQUIVALENTS UNDER ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. THE LAWS OF ANY JURISDICTIONCOUCHBASE PARTIES DO NOT WARRANT THAT THE SOFTWARE IS DESIGNED, REGARDING MANUFACTURED, OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE WHERE THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) FAILURE OF THE UNIFORM COMMERCIAL CODE AND/PRODUCT COULD LEAD TO DEATH, PERSONAL INJURY, OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDSIGNIFICANT PHYSICAL OR ENVIRONMENTAL DAMAGE.

Appears in 1 contract

Sources: Enterprise Subscription License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINAND SPECIFICALLY PROVIDED IN ANY ATTACHED ORDER FORM(S): (A) THE SOFTWARE AND ALL PORTIONS THEREOF, NEITHER SCEA NOR AND ANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES LICENSORS AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY DISCLAIM ALL OTHER REPRESENTATIONS OR WARRANTIESWARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALSINCLUDING, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMWITHOUT LIMITATION, THE UNITS ANY WARRANTIES OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND/OR PUBLISHER'S PRODUCT QUIET ENJOYMENT; (B) NEITHER THE COMPANY NOR ITS LICENSORS WARRANT THAT THE FUNCTIONS OR INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT CONTAINED IN THE SOFTWARE OR ASP SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE OR ASP SERVICES WILL OPERATE ERROR FREE OR WITHOUT INTERRUPTION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE OR ASP SERVICES WILL BE LIABLE FOR CORRECTED, OR THAT THE SOFTWARE OR ASP SERVICES IS COMPATIBLE WITH ANY INJURY, LOSS PARTICULAR COMPUTER SYSTEM OR DAMAGE, DIRECT, INDIRECT SOFTWARE; AND (C) THE COMPANY AND ITS LICENSORS MAKE NO GUARANTEE OF ACCESS TO OR CONSEQUENTIAL, ARISING OUT OF ACCURACY OF THE USE CONTENT CONTAINED IN OR INABILITY TO USE ANY UNITS AND/ACCESSED THROUGH THE SOFTWARE OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCSASP SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM YOU ACKNOWLEDGE THAT THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE ASP SERVICES AND/OR THE SOFTWARE ARE NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL- SAFE CONTROLS (INCLUDING, OPERATION OF NUCLEAR POWER FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, SURGICAL OR MEDICAL FACILITIES, LIFE SUPPORT, OR WEAPONS SYSTEMS) AND THAT THE COMPANY SPECIFICALLY DISCLAIMS ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDEXPRESSED OR IMPLIED REPRESENTATION, WARRANTY, OR CONDITION OF FITNESS FOR SUCH PURPOSES.

Appears in 1 contract

Sources: Asp License Agreement and Terms of Service

DISCLAIMER OF WARRANTY. EXCEPT TO THE EXTENT PERMITTED BY APPLICABLE LAW, (1) THE SOFTWARE IS PROVIDED “AS OTHERWISE IS” AND WITHOUT WARRANTY OF ANY KIND, AND (2) SYMANTEC EXPRESSLY SET FORTH ---------------------- HEREINDISCLAIMS ALL REPRESENTATIONS, NEITHER SCEA NOR ITS AFFILIATES CONDITIONS AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. TO THE LAWS OF ANY JURISDICTIONEXTENT PERMITTED BY APPLICABLE LAW, REGARDING SYMANTEC ADDITIONALLY MAKES NO WARRANTIES THAT: (I) THE SONY MATERIALSSOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SOFTWARE WILL BE UNINTERRUPTED, SCEA'S CONFIDENTIAL INFORMATIONTIMELY, LICENSED PRODUCTSSECURE, SCEA DEMO DISCS AND OR ERROR-FREE; (III) THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT RESULTS THAT MAY BE PROVIDED IN SECTION 2-312(3) OBTAINED FROM THE USE OF THE UNIFORM COMMERCIAL CODE AND/SOFTWARE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY SERVICES, SUBSCRIPTIONS, PRODUCTS, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (VI) ALL VIRUSES WILL BE REMOVED THROUGH THE SOFTWARE; OR (VII) IN RELATION TO THE PAYMENT OF THE REFUND, THE TIMELINESS OF SUCH PAYMENT WILL MEET YOUR EXPECTATIONS. IN ADDITION, SYMANTEC DOES NOT WARRANT ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDTHIRD-PARTY PRODUCTS.

Appears in 1 contract

Sources: Symantec Customer Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE THE COMPANY HEREBY EXPRESSLY SET FORTH ---------------------- HEREIN, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS DISCLAIMS ALL REPRESENTATION OR WARRANTIESWARRANTY OF ANY KIND, EXPRESS, IMPLIED OR IMPLIED, STATUTORY, REGARDING THE SONY MATERIALSOR OTHERWISE, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMWITH REGARD TO THIS AGREEMENT, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR INCLUDING WITHOUT LIMITATION ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SERVICES AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SONY OTHER MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE SOFTWARE AND/OR IN INFORMATION PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” “AS AVAILABLE” AND WITH ALL FAULTS, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDINFORMATION, MATERIALS OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL MEET PARTNER’S, CLIENTS’ OR EMPLOYEES’ REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED, SECURE, VIRUS FREE, OR ERROR FREE, OR THAT ALL ERRORS WILL BE ▇▇▇▇▇▇▇▇▇.▇▇ addition, the Company does not provide any warranties regarding (i) the accuracy of the results obtained through use of any of the Services, (ii) the accuracy of the data contained within any of the Services, (iii) the security of any of the Services from intrusion or attack, or (iv) the network, communications links or infrastructure You use.

Appears in 1 contract

Sources: Service Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE EXPRESSLY FOR THE EXPRESS LIMITED WARRANTY SET FORTH ---------------------- HEREINABOVE, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKECENTRALSQUARE MAKES NO WARRANTIES WHATSOEVER, NOR DOES PUBLISHER RECEIVEEXPRESSED OR IMPLIED, ANDY REPRESENTATIONS OR WARRANTIESWITH REGARD TO THE SOLUTIONS, EXPRESSPROFESSIONAL SERVICES, IMPLIED OR STATUTORYSUPPORT SERVICES, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OTHER MATTER RELATING TO THIS AGREEMENT, AND THAT CENTRALSQUARE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OTHER, INCLUDING ALL WARRANTIES ARISING FROM COURSE OF THE FOREGOINGDEALING, SCEA ND ITS AFFILIATES USAGE OR TRADE PRACTICE, AND SUPPLIERS EXPRESSLY DISCLAIM THE SPECIFICALLY DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, AND THEIR EQUIVALENTS UNDER NON- INFRINGEMENT. FURTHER, CENTRALSQUARE EXPRESSLY DOES NOT WARRANT THAT A SOLUTION, ANY CUSTOM MODIFICATION OR ANY IMPROVEMENTS WILL BE USABLE BY CUSTOMER IF THE LAWS SOLUTION OR CUSTOM MODIFICATION HAS BEEN MODIFIED BY ANYONE OTHER THAN CENTRALSQUARE PERSONNEL, OR WILL BE ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION OR WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE TO THE EXTENT EXPRESSLY SET FORTH IN THE DOCUMENTATION. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS-IS” AND ANY REPRESENTATION OR WARANTY OF OR CONCERNING ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS OF THEM IS STRICTLY BETWEEN CUSTOMER AND THE SYSTEMTHIRD-PARTY OWNER. THIS AGREEMENT DOES NOT AMEND OR MODIFY CENTRALSQUARE’S WARRANTY UNDER ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/AGREEMENT OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDCONDITIONS, LIMITATIONS, OR RESTRICTIONS THEREOF.

Appears in 1 contract

Sources: Support and Maintenance Agreement

DISCLAIMER OF WARRANTY. EXCEPT a. YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS PROVIDED "AS OTHERWISE IS", WITHOUT WARRANTY OF ANY KIND BY XEROX OR ITS LICENSORS. XEROX AND ITS LICENSORS EXPRESSLY SET FORTH ---------------------- HEREIN, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR DISCLAIM ALL WARRANTIES, EXPRESSEXPRESS OR IMPLIED, IMPLIED WHETHER CREATED BY STATUTE OR STATUTORYOTHERWISE, REGARDING THE SONY MATERIALSINCLUDING, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMBUT NOT LIMITED TO, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. XEROX AND THEIR EQUIVALENTS UNDER ITS LICENSORS DO NOT WARRANT THAT THE LAWS SOFTWARE WILL MEET YOUR PARTICULAR REQUIREMENTS, THAT IT WILL OPERATE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE CAN OR WILL BE CORRECTED. ALL WARRANTIES AND REPRESENTATIONS MADE BY PERSONS OTHER THAN XEROX, INCLUDING, BUT NOT LIMITED TO, YOUR AUTHORIZED SERVICE PROVIDER, DISTRIBUTORS, DEALERS, CONCESSIONAIRES AND OTHER RESELLERS OF ANY JURISDICTIONXEROX, REGARDING ARE ALSO DISCLAIMED. THE SONY MATERIALSWARRANTY DISCLAIMERS SET FORTH HEREIN MAY NOT APPLY IN CERTAIN JURISDICTIONS, SCEA'S CONFIDENTIAL INFORMATIONIN WHICH CASE THE WARRANTEES HEREUNDER SHALL BE THE MINIMUM REQUIRED BY LAW. b. Software may contain, LICENSED PRODUCTSor be modified to contain, SCEA DEMO DISCS AND THE SYSTEMcomputer code capable of automatically disabling proper operation or functioning of Software and/or the system upon which it is installed. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3Such disabling code may be activated (a) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDif Xerox is denied access to the Software and/or the system as provided herein, (b) you otherwise breach any term of this Agreement, or (c) such license is terminated or expires.

Appears in 1 contract

Sources: Software License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREININ THIS AGREEMENT OR PROHIBITED BY APPLICABLE LAW, NEITHER SCEA NOR ITS AFFILIATES THE PROGRAM, SERVICES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION AND GAF INTELLECTUAL PROPERTY ARE PROVIDED “AS IS” AND WITH ALL FAULTS, AND THE SYSTEMENTIRE RISK AS TO YOUR PARTICIPATION IN THE PROGRAM AND YOUR ACCESS TO, RECEIPT OF, AND USE OF ANY SERVICES AND MATERIALS AND GAF INTELLECTUAL PROPERTY IS WITH YOU. SHOULD THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER SERVICES AND MATERIALS OR GAF INTELLECTUAL PROPERTY PROVE DEFECTIVE, NO GAF PARTY WILL HAVE ANY RESPONSIBILITY OR LIABILITY FOR THEIR SERVICING AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCSREPAIR. SCEA SHALL NOT BE LIABLE FOR EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, THE GAF PARTIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PROGRAM, SERVICES AND MATERIALS, AND GAF INTELLECTUAL PROPERTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON- INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE USE OR PURPOSE. THE GAF PARTIES DO NOT WARRANT THAT THE PROGRAM, SERVICES AND THEIR EQUIVALENTS UNDER MATERIALS, OR GAF INTELLECTUAL PROPERTY WILL MEET YOUR REQUIREMENTS IN ANY RESPECT; THAT THE LAWS OPERATION, RECEIPT, OR USE OF ANY JURISDICTIONOF THEM WILL BE UNINTERRUPTED OR ERROR FREE; THAT ERRORS IN ANY OF THEM CAN OR WILL BE CORRECTED; OR THAT DATA AND CONTENT PRESENTED BY, REGARDING CONTAINED OR MADE AVAILABLE WITHIN, OR IN CONNECTION WITH THE SONY PROGRAM, SERVICES AND MATERIALS, SCEA'S CONFIDENTIAL INFORMATIONOR GAF INTELLECTUAL PROPERTY, LICENSED PRODUCTS, SCEA DEMO DISCS AND OR OTHERWISE DERIVED FROM YOUR PARTICIPATION IN THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) PROGRAM OR YOUR RECEIPT OR USE OF THE UNIFORM COMMERCIAL CODE SERVICES AND MATERIALS OR GAF INTELLECTUAL PROPERTY, WILL BE ACCURATE, COMPLETE, OR RELIABLE. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL DECISIONS YOU MAKE BASED ON YOUR PARTICIPATION IN THE PROGRAM AND YOUR RECEIPT AND USE OF THE SERVICES AND MATERIALS AND GAF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT, LIMITATION, ANY DATA AND/OR CONTENT YOU HAVE ACCESS TO OR RECEIVE IN CONNECTION THEREWITH. INFORMATION TRANSMITTED OVER THE INTERNET OR STORED ON SYSTEMS REACHABLE FROM THE INTERNET IS INHERENTLY INSECURE, AND THE GAF PARTIES DO NOT MAKE ANY WARRANTY WITH RESPECT TO THE SECURITY OF THE SERVICES AND MATERIALS OR GAF INTELLECTUAL PROPERTY, OR THE INFORMATION TRANSMITTED BY THE SERVICES AND MATERIALS OR GAF INTELLECTUAL PROPERTY, WHETHER SUCH INFORMATION IS TRANSMITTED TO YOUR MOBILE DEVICE OR NETWORK, OR OTHERWISE. THE GAF PARTIES DO NOT MAKE ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OR USABILITY OF ANY SECURITY MEASURES FOR THE SERVICES AND MATERIALS OR GAF INTELLECTUAL PROPERTY, OR THAT THE SERVICES AND MATERIALS OR GAF INTELLECTUAL PROPERTY WILL BE FREE FROM VIRUSES, HARMFUL CODE, OR ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDUNAUTHORIZED ACCESS, AND NO GAF PARTY WILL HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH ANY SUCH UNAUTHORIZED ACCESS. NO GAF PARTY SHALL HAVE RESPONSIBILITY OR LIABILITY FOR ANY LOSS CAUSED BY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RESULTING TO YOUR MOBILE DEVICE OR NETWORK. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS PARAGRAPH ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO GAF TO GRANT THE RIGHTS CONTAINED IN THIS AGREEMENT AND TO PROVIDE YOU WITH MEMBERSHIP IN THE PROGRAM AND ACCESS TO AND USE OF THE SERVICES AND MATERIALS AND GAF INTELLECTUAL PROPERTY.

Appears in 1 contract

Sources: Residential Roofing Contractor Program Participation Agreement

DISCLAIMER OF WARRANTY. THE ▇▇▇▇▇▇▇▇▇.▇▇▇▇ WEBSITES AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS, AS AVAILABLE” BASIS, AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS OTHERWISE EXPRESSLY SPECIFICALLY SET FORTH ---------------------- HEREININ THIS AGREEMENT, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WARRANTIES OF ANY KIND REGARDING THE SONY MATERIALS▇▇▇▇▇▇▇▇▇.▇▇▇▇ WEBSITES AND SERVICES, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMANY PRODUCTS MADE AVAILABLE TO YOU IN CONNECTION THEREWITH, THE UNITS OR YOUR ACCESS TO OR USE OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTIONPURPOSE, REGARDING THE SONY MATERIALSTITLE, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATIERAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE ▇▇▇▇▇▇▇▇▇.▇▇▇▇ WEBSITES AND/OR OUR SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE ▇▇▇▇▇▇▇▇▇.▇▇▇▇ WEBSITES AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDHARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Sources: Terms of Use Agreement

DISCLAIMER OF WARRANTY. EXCEPT TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE AND SERVICE AND ANY THIRD PARTY SOFTWARE OR SERVICE ARE PROVIDED ON AN "AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS" AND "AS AVAILABLE" BASIS, NEITHER SCEA NOR WITH ALL FAULTS. SYMANTEC AND ITS AFFILIATES AND SUPPLIERS MAKELICENSORS PROVIDE THE SERVICE WITHOUT WARRANTIES OF ANY KIND, NOR DOES PUBLISHER RECEIVEWRITTEN OR ORAL, ANDY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALSEITHER EXPRESS OR IMPLIED, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMINCLUDING WITHOUT LIMITATION, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, INCLUDING THOSE ARISING FROM COURSE OF DEALING OR COURSE OF TRADE AND DISCLAIMS ANY SUCH WARRANTIES. SYMANTEC AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. NO ADVICE OR INFORMATION GIVEN BY SYMANTEC, ITS LICENSORS, AFFILIATES, ITS AGENTS, OR ITS CONTRACTORS OR THEIR EQUIVALENTS UNDER RESPECTIVE EMPLOYEES WILL VARY THE LAWS TERMS OF THIS AGREEMENT OR CREATE ANY JURISDICTIONWARRANTY. SYMANTEC IS NOT RESPONSIBLE FOR DEFACEMENT, REGARDING THE SONY MATERIALSMISUSE, SCEA'S CONFIDENTIAL INFORMATIONABUSE, LICENSED PRODUCTSNEGLECT, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) IMPROPER USE OF THE UNIFORM COMMERCIAL CODE AND/SERVICES BY YOU, FORCE MAJEURE EVENTS OUT OF SYMANTEC’S REASONABLE CONTROL SUCH AS (I) IMPROPER ELECTRICAL VOLTAGES OR CURRENT, (II) REPAIRS, ALTERATIONS, MODIFICATIONS BY OTHERS, (III) ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE ELEMENTS. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SYMANTEC TECHNICAL SUPPORT IS NOT WARRANTED AND IS USED AT YOUR OWN RISK. SYMANTEC AND ITS LICENSORS MAKE NO WARRANTY REGARDING TRANSACTIONS EXECUTED AND CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE. TO THE EXTENT THAT ANY LIMITATION IN ANY OTHER COMPARABLE STATUE THIS SECTION IS EXPRESSLY DISCLAIMEDNOT PERMITTED BY APPLICABLE LAW, SUCH LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT IT IS BARRED BY APPLICABLE LAW. UK CONSUMERS ONLY: IF YOU ARE A CONSUMER IN THE UNITED KINGDOM, YOU MAY HAVE CERTAIN STATUTORY RIGHTS IN RESPECT OF LOSSES CAUSED BY SYMANTEC’S NEGLIGENCE, OR SYMANTEC’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. THESE TERMS AND CONDITIONS SHALL NOT AFFECT YOUR STATUTORY RIGHTS. FOR FURTHER INFORMATION ABOUT YOUR STATUTORY RIGHTS, CONTACT YOUR LOCAL TRADING STANDARDS’ DEPARTMENT OR CITIZENS ADVICE BUREAU.

Appears in 1 contract

Sources: Terms of Service

DISCLAIMER OF WARRANTY. EXCEPT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS” WITH ALL FAULTS. LICENSOR AND ITS PARENT, NEITHER SCEA NOR ITS AFFILIATES AFFILIATES, AND SUPPLIERS MAKEHEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED OR STATUTORYWARRANTY OF MERCHANTABILITY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. FURTHER, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, OR NON-INFRINGEMENT, LACK OF VIRUSES OR BUGS, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS WITH REGARD TO THE SOFTWARE, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. IN PARTICULAR, LICENSOR AND THEIR EQUIVALENTS UNDER ITS PARENT, AFFILIATES, AND SUPPLIERS DO NOT WARRANT THAT THE LAWS OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, LICENSED PRODUCTSWHETHER WRITTEN OR ORAL, SCEA DEMO DISCS AND OBTAINED BY YOU FROM LICENSOR OR ITS PARENT, AFFILIATES, OR SUPPLIERS, OR OTHERWISE IN CONNECTION WITH THE SYSTEM. SOFTWARE, WILL CREATE ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OR OBLIGATION ON BEHALF OF LICENSOR OR ITS PARENT, AFFILIATES, OR SUPPLIERS. THE ENTIRE RISK ARISING OUT OF THE UNIFORM COMMERCIAL CODE AND/USE, PERFORMANCE AND QUALITY OF THE SOFTWARE REMAINS WITH YOU. THE SOFTWARE IS ACCESSED AND USED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER SYSTEMS AND LOSS OF DATA IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDCONNECTION WITH THE SOFTWARE.

Appears in 1 contract

Sources: End User License Agreement

DISCLAIMER OF WARRANTY. EXCEPT THE SOFTWARE, DOCUMENTATION AND ANY PROFESSIONAL SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS” WITHOUT WARRANTY OF ANY KIND AND NEITHER COUCHBASE, NEITHER SCEA NOR ANY OF ITS AFFILIATES AND SUPPLIERS MAKEOR LICENSORS (COLLECTIVELY, NOR DOES PUBLISHER RECEIVETHE “COUCHBASE PARTIES”) REPRESENT OR WARRANT THAT THE SOFTWARE, ANDY REPRESENTATIONS 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 COUCHBASE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESSEITHER EXPRESSED OR IMPLIED, IMPLIED OR STATUTORYINCLUDING, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL BUT NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY LIMITED TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, TITLE, AND THEIR EQUIVALENTS UNDER ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. THE LAWS OF ANY JURISDICTIONCOUCHBASE PARTIES DO NOT WARRANT THAT THE SOFTWARE IS DESIGNED, REGARDING MANUFACTURED, OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE WHERE THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) FAILURE OF THE UNIFORM COMMERCIAL CODE AND/PRODUCT COULD LEAD TO DEATH, PERSONAL INJURY, OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDSIGNIFICANT PHYSICAL OR ENVIRONMENTAL DAMAGE.

Appears in 1 contract

Sources: License Agreement

DISCLAIMER OF WARRANTY. EXCEPT YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS” AND “AS AVAILABLE” BASIS. SERVICE PROVIDER AND ITS AFFILIATES, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKESUBSIDIARIES, NOR DOES PUBLISHER RECEIVEAND EACH OF THEIR RESPECTIVE OFFICERS, ANDY REPRESENTATIONS OR WARRANTIESDIRECTORS, EXPRESSSHAREHOLDERS, IMPLIED OR STATUTORYEMPLOYEES, REGARDING THE SONY MATERIALSAGENTS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMWHOLESALERS, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURYDEALERS, LOSS OR DAMAGEDISTRIBUTORS, DIRECTSUPPLIERS, INDIRECT OR CONSEQUENTIALPARTNERS, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGLICENSORS AND CONTENT PROVIDERS (COLLECTIVELY, SCEA ND ITS AFFILIATES AND SUPPLIERS “VIASAT’S PARTNERS”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE. FURTHER, SERVICE PROVIDER AND THEIR EQUIVALENTS UNDER VIASAT’S PARTNERS MAKE NO WARRANTY THAT (a) THE LAWS SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS; (b) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER AND VIASAT’S PARTNERS DO NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER AND VIASAT’S PARTNERS DISCLAIM ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY JURISDICTIONSUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, REGARDING OR ERRORS OR INACCURACIES IN, THE SONY MATERIALSCONTENT, SCEA'S CONFIDENTIAL INFORMATIONDATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, LICENSED PRODUCTSPERSONAL INJURY, SCEA DEMO DISCS AND OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY BE PROVIDED IN SECTION 2-312(3) OF NOT APPLY TO YOU TO THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDEXTENT SUCH EXCLUSIONS ARE NOT ALLOWED BY APPLICABLE LAW.

Appears in 1 contract

Sources: End User License Agreement

DISCLAIMER OF WARRANTY. EXCEPT YOU ACKNOWLEDGE AND AGREE THAT THE LICENSED SOFTWARE IS PROVIDED “AS OTHERWISE IS”, WITHOUT WARRANTY OF ANY KIND BY XEROX OR ITS LICENSORS. XEROX AND ITS LICENSORS EXPRESSLY SET FORTH ---------------------- HEREIN, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR DISCLAIM ALL WARRANTIES, EXPRESSEXPRESS OR IMPLIED, IMPLIED WHETHER CREATED BY STATUTE OR STATUTORYOTHERWISE, REGARDING THE SONY MATERIALSINCLUDING, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMBUT NOT LIMITED TO, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. XEROX AND THEIR EQUIVALENTS UNDER ITS LICENSORS DO NOT WARRANT THAT THE LAWS LICENSED SOFTWARE WILL MEET YOUR PARTICULAR REQUIREMENTS, THAT IT WILL OPERATE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE LICENSED SOFTWARE CAN OR WILL BE CORRECTED. ALL WARRANTIES AND REPRESENTATIONS MADE BY PERSONS OTHER THAN XEROX, INCLUDING, BUT NOT LIMITED TO, YOUR AUTHORIZED SERVICE PROVIDER, DISTRIBUTORS, DEALERS, CONCESSIONAIRES AND OTHER RESELLERS OF ANY JURISDICTIONXEROX, REGARDING ARE ALSO DISCLAIMED. THE SONY MATERIALSWARRANTY DISCLAIMERS SET FORTH HEREIN MAY NOT APPLY IN CERTAIN JURISDICTIONS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND IN WHICH CASE THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY WARRANTIES HEREUNDER SHALL BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDMINIMUM REQUIRED BY LAW.

Appears in 1 contract

Sources: Software End User License Agreement

DISCLAIMER OF WARRANTY. EXCEPT The Content provided on the Site is provided as a service to members of the public. Information presented on the Site is provided for informational purposes only. No information presented on the Site constitutes legal, financial or medical advice, nor does it create an attorney-client, doctor-patient, fiduciary, or counseling relationship between DSAA and any other party. YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND THE CONTENT THEREIN ARE PROVIDED ON AN "AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SCEA NOR DSAA, ANY OF ITS AFFILIATES AND SUPPLIERS MAKERESPECTIVE OFFICERS, NOR DOES PUBLISHER RECEIVEDIRECTORS, ANDY REPRESENTATIONS EMPLOYEES, OR WARRANTIESAGENTS (COLLECTIVELY THE "DSAA PARTIES") MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, EXPRESSCOMPLETENESS, IMPLIED SECURITY, AVAILABILITY OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT USEFULNESS OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCSSITE AND CONTENT. WITHOUT LIMITING THE GENERALITY FOREGOING,NONE OF DSAA PARTIES REPRESENT OR WARRANT THAT THE SITE OR CONTENT WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE, ITS SERVER, OUR SITE, SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS OR THAT THE SITE OR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO YOUR USE OF THE FOREGOINGSITE AND THE CONTENT IS ASSUMED SOLELY BY YOU. NONE OF DSAA PARTIES MAKES ANY, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY HEREBY SPECIFICALLY DISCLAIM ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE LAWS GENERALITY OF THE FOREGOING, ALL OF DSAA PARTIES DISCLAIM ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. WARRANTIES WITH RESPECT TO ANY WARRANTY AGAINST INFRINGEMENT RESULTS THAT MAY BE PROVIDED IN SECTION 2-312(3) OBTAINED FROM THE USE OF THE UNIFORM COMMERCIAL CODE AND/SITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDLIMITED UNDER APPLICABLE LAW.

Appears in 1 contract

Sources: Terms of Use

DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE FOR THE WARRANTIES EXPRESSLY SET FORTH ---------------------- PROVIDED HEREIN, NEITHER SCEA NOR ITS AFFILIATES END USER AGREES THAT THE ZYNX SOLUTIONS ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, AND SUPPLIERS MAKEALL EXPRESS OR IMPLIED CONDITIONS, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR AND WARRANTIES, EXPRESSINCLUDING BUT NOT LIMITED TO, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER PURPOSE, ACCURACY, TIMELINESS, COMPLETENESS, ADEQUACY ANDNON-INFRINGEMENT OR WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OR TRADE ARE EXCLUDED BY ZYNX. ZYNX DOES NOT WARRANT THAT THE LAWS OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS ZYNX SOLUTIONS AND THE SYSTEM. ANY SOFTWARE ASSOCIATED THEREWITH WILL OPERATE ONAN UNINTERRUPTED OR ERROR-FREE BASIS, AND NO REPRESENTATION OR WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) IS MADE AS TO THE SELECTION OR ACCURACY OF THE UNIFORM COMMERCIAL CODE AND/ZYNX SOLUTIONS, OR IN WHETHER SUCH ZYNX SOLUTIONS CONTAIN AN IDENTICAL OR ACCURATE REPRODUCTION OF THE ORIGINAL LITERATURE OR SOURCE MATERIALS. ZYNX IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDDAMAGE RESULTING FROM SUCH PROBLEMS.

Appears in 1 contract

Sources: End User License Agreement

DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE EXPRESSLY SPECIFICALLY SET FORTH ---------------------- HEREINABOVE, NEITHER SCEA NOR ITS AFFILIATES THE PRODUCTS, SERVICES (INCLUDING SOFTWARE SERVICES), THE PORTAL AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY ANY RELATED MATERIALS PROVIDED TO CUSTOMER IN CONNECTION WITH THE SOFTWARE SERVICES ARE PROVIDED “AS IS,” AND ROAM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSAND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, IMPLIED EXPRESS OR STATUTORYIMPLIED, REGARDING RELATING DIRECTLY OR INDIRECTLY TO THE SONY MATERIALSPRODUCTS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEMSERVICES (INCLUDING SOFTWARE SERVICES), THE UNITS PORTAL OR RELATED MATERIALS PROVIDED TO CUSTOMER IN CONNECTION WITH THE SOFTWARE SERVICES, WHETHER ORAL, WRITTEN, OR ARISING BY COURSE OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/DEALING OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND THEIR EQUIVALENTS UNDER NON-INFRINGEMENT. ROAM MAKES NO REPRESENTATION OR WARRANTY THAT THE LAWS PERFORMANCE OF ANY JURISDICTIONTHE SOFTWARE SERVICES, REGARDING THE SONY MATERIALSPORTAL OR RELATED MATERIALS WILL OPERATE ERROR-FREE, SCEA'S CONFIDENTIAL INFORMATIONOR IN AN UNINTERRUPTED FASHION, LICENSED OR THAT SUCH PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE SERVICES (INCLUDING SOFTWARE SERVICES), PORTAL AND/OR RELATED MATERIALS ARE COMPATIBLE WITH ANY PARTICULAR APPLICATIONS OR PLATFORMS OTHER THAN THOSE PROVIDED OR SET FORTH IN THE SPECIFICATIONS AND/OR USER GUIDE FOR THE PRODUCTS OR SOFTWARE SERVICES. ROAM DOES NOT WARRANT THAT ANY NONCONFORMANCES IN SOFTWARE SERVICES, PORTAL AND/OR RELATED MATERIALS WILL BE CORRECTED. ROAM DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, ACCURACY, RESULTS, OR OUTPUT OF THE SOFTWARE SERVICES, OR SECURITY OF THE SOFTWARE SERVICES OR ANY INFORMATION TRANSMITTED TO OR FROM CUSTOMER OR ANY USER OVER THE INTERNET, INCLUDING THROUGH THE USE OF E-MAIL. NO WARRANTY SPECIFICALLY SET FORTH ABOVE MAY BE MODIFIED OR AMENDED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF ROAM. NO AGENT, DISTRIBUTOR, CONTRACTOR, OR OTHER SUPPLIER OF ROAM PRODUCTS HAS THE AUTHORITY TO MODIFY OR AMEND SUCH WARRANTIES WITHOUT EXPRESS WRITTEN AUTHORIZATION FROM ROAM. NO WARRANTY CREATED BY ADVICE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ROAM OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDWAY INCREASE THE SCOPE OF ROAM'S OBLIGATIONS HEREUNDER.

Appears in 1 contract

Sources: Customer Agreement

DISCLAIMER OF WARRANTY. EXCEPT THE SERVICES ARE PROVIDED TO YOU BY SEEKEDGAR “AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS” WITHOUT REPRESENTATION OR WARRANTY, NEITHER SCEA NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR YOU ACKNOWLEDGE AND AGREE THAT SEEKEDGAR DOES PUBLISHER RECEIVE, ANDY NOT MAKE ANY REPRESENTATIONS OR WARRANTIESEXTENDS ANY WARRANTIES OF ANY KIND, EXPRESSEITHER EXPRESS OR IMPLIED. IN PARTICULAR, IMPLIED OR STATUTORYTO THE EXTENT PERMITTED BY LAW, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES SEEKEDGAR EXCLUDES ALL EXPRESS AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS OF THE SERVICES FOR A PARTICULAR PURPOSE PURPOSE, AND THEIR EQUIVALENTS UNDER THAT THE LAWS OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) USE OF THE UNIFORM COMMERCIAL CODE AND/SERVICES WILL PRODUCE A DESIRED RESULT OR THAT THE USE OF THE SERVICES OR THE SOFTWARE WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER RIGHTS, AND THAT THE SERVICES OR THE SOFTWARE ARE ERROR-FREE OR VIRUS-FREE, AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES. THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO THE PROVISIONS OF THIS AGREEMENT. IN PARTICULAR, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS: (A) A WARRANTY OR REPRESENTATION BY SEEKEDGAR AS TO ANY INTELLECTUAL PROPERTY RIGHTS IN THE SERVICES; (B) AN OBLIGATION TO FURNISH ANY ITEM, SOFTWARE, TECHNOLOGY, OR TECHNOLOGICAL INFORMATION OTHER THAN THE SERVICES OR THE SOFTWARE; (C) AN OBLIGATION TO CORRECT ERRORS DEEMED TO BE INTERNAL TO THE SERVICES OR THE SOFTWARE ("MALFUNCTIONS") THAT ARISE IN ANY OTHER COMPARABLE STATUE VERSION OF THE SOFTWARE THAT IS EXPRESSLY DISCLAIMEDPART OF THE SERVICES DELIVERED TO YOU. SEEKEDGAR DOES NOT WARRANT THAT THE SERVICES OR THE SOFTWARE IS FREE FROM MALFUNCTIONS, NOR THAT ANY MALFUNCTIONS CAN OR WILL BE CORRECTED NOR THAT SEEKEDGAR WILL DEVELOP OR PROVIDE YOU WITH ANY OPERATIONS, CAPABILITIES OR FEATURES NOT PRESENT IN THE VERSION OF THE SERVICES OR THE SOFTWARE DELIVERED TO YOU UNDER THIS AGREEMENT.

Appears in 1 contract

Sources: Subscription Agreement

DISCLAIMER OF WARRANTY. EXCEPT ALL CISCO TECHNOLOGY PROVIDED UNDER THIS AGREEMENT IS PROVIDED “AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS” AND WITHOUT SUPPORT OF ANY KIND. MEMBER ACKNOWLEDGES THAT THE CISCO TECHNOLOGY IS A PROTOTYPE THAT IS NOT COMMERCIALLY AVAILABLE, NEITHER SCEA NOR ITS AFFILIATES HAS NOT BEEN TESTED, HAS NOT COMPLETED SECURITY VALIDATION, AND SUPPLIERS MAKEMAY CONTAIN DEFECTS. MEMBER UNDERSTANDS AND ACKNOWLEDGES THAT CISCO TECHNOLOGY PROVIDED HEREUNDER IS NOT IN FINAL FORM OR FULLY FUNCTIONAL, NOR DOES PUBLISHER RECEIVEMAY CONTAIN ERRORS, ANDY REPRESENTATIONS DESIGN FLAWS, OR OTHER PROBLEMS, AND MAY RESULT IN UNPREDICTABLE PERFORMANCE, INCLUDING LOSS OR EXPOSURE OF DATA OR OTHER DAMAGE. TO THE GREATEST EXTENT PERMITTED BY LAW, CISCO DISCLAIMS ALL WARRANTIES IN CONNECTION WITH SUCH CISCO TECHNOLOGY, INCLUDING MODIFICATIONS AND IMPROVEMENTS THERETO, WHETHER EXPRESS, IMPLIED, OR STATUTORY. CISCO SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CISCO DOES NOT REPRESENT OR WARRANT THAT ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY CISCO TECHNOLOGY DISCLOSED AS PART OF THIS PROGRAM WILL EVER BE PROVIDED COMMERCIALIZED OR RELEASED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/A PRODUCT OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDSERVICE.

Appears in 1 contract

Sources: Design Community Program Agreement

DISCLAIMER OF WARRANTY. EXCEPT YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS" AND "AS AVAILABLE" BASIS. SERVICE PROVIDER AND ITS AFFILIATES, NEITHER SCEA NOR ITS AFFILIATES SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND THEIR EQUIVALENTS UNDER NON-INFRINGEMENT. FURTHER, SERVICE PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE LAWS SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SERVICE PROVIDER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SERVICE PROVIDER DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY JURISDICTIONSUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, REGARDING OR ERRORS OR INACCURACIES IN, THE SONY MATERIALSCONTENT, SCEA'S CONFIDENTIAL INFORMATIONDATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, LICENSED PRODUCTSPERSONAL INJURY, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDSEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

Appears in 1 contract

Sources: End User License Agreement

DISCLAIMER OF WARRANTY. EXCEPT (a) THE APERTURE APPLICATIONS ARE PROVIDED BY APERTURE, ITS LICENSORS, SUPPLIERS, AND PARTNERS AND EACH OF ITS AND THEIR AFFILIATES, SUPPLIERS AND RESELLERS, “AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREINIS” WITHOUT WARRANTY OF ANY KIND, NEITHER SCEA NOR AND APERTURE, ITS AFFILIATES LICENSORS, SUPPLIERS, AND PARTNERS AND EACH OF ITS AND THEIR AFFILIATES, SUPPLIERS MAKE, NOR DOES PUBLISHER RECEIVE, ANDY REPRESENTATIONS OR AND RESELLERS HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSEXPRESS OR IMPLIED, IMPLIED OR STATUTORY, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL INCLUDING BUT NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY LIMITED TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. NEITHER APERTURE NOR ITS LICENSORS, SUPPLIERS, OR PARTNERS, NOR ANY OF ITS OR THEIR AFFILIATES, SUPPLIERS AND THEIR EQUIVALENTS UNDER RESELLERS WARRANT THAT: (A) OPERATION OF THE LAWS OF ANY JURISDICTIONAPERTURE APPLICATIONS SHALL BE UNINTERRUPTED OR ERROR FREE, REGARDING (B) FUNCTIONS CONTAINED IN THE SONY MATERIALSAPERTURE APPLICATIONS SHALL OPERATE IN COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND OR (C) THE SYSTEMAPERTURE APPLICATIONS WILL MEET YOUR REQUIREMENTS. ANY WARRANTIES WITH RESPECT TO THE APERTURE APPLICATIONS OR APERTURE PLATFORM MADE BY LICENSEE SHALL BE BETWEEN YOU AND LICENSEE AND ANY WARRANTY AGAINST INFRINGEMENT THAT MAY CLAIMS SHALL BE PROVIDED IN SECTION 2-312(3MADE DIRECTLY TO LICENSEE. (b) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUE IS EXPRESSLY DISCLAIMEDYou are solely responsible for the accuracy and adequacy of the User Data and all other information and data furnished for processing with the Aperture Applications. To the extent that data is being transmitted over the Internet hereunder, you acknowledge that Aperture has no control over the functioning of the Internet and Aperture makes no representations or warranties of any kind regarding the performance or security of the Internet. The successful operation of the Aperture Applications is dependent on your use of proper procedures and systems and input of correct data. (c) If at any time you are dissatisfied with the Aperture Applications, or any portion thereof, your sole remedy is to cease using the Aperture Applications. You acknowledge and agree that Aperture’s licensors have no control over how you interact with Aperture, the Aperture Platform, or any other product or service offered by or through Aperture.

Appears in 1 contract

Sources: End User License Agreement