Common use of DISCLAIMER OF WARRANTY Clause in Contracts

DISCLAIMER OF WARRANTY. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES, AND CONDITIONS PROVIDED IN THIS AGREEMENT AND THE CPS, CERTIFICATE SERVICES AND ANY SERVICES PROVIDED IN RESPECT TO CERTIFICATE(s) ARE PROVIDED "AS IS", AND NEITHER ENTRUST GROUP NOR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, NOR ANY RESELLERS, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES, OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, OR OTHERWISE, AND ENTRUST GROUP, ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, ALL RESELLERS OR CO-MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES AND CONDITIONS CONTAINED IN THIS AGREEMENT AND IN THE CPS, THE ENTIRE RISK OF THE USE OF ANY CERTIFICATE SERVICES OR ANY SERVICES PROVIDED IN RESPECT CERTIFICATE SERVICES OR THE VALIDATION OF DIGITAL SIGNATURES WILL BE BORNE SOLELY BY YOU.

Appears in 13 contracts

Sources: Certificate Services Subscription Agreement, Subscription Agreement, Subscription Agreement

DISCLAIMER OF WARRANTY. EXCEPT FOR LICENSEE ACKNOWLEDGES AND AGREES THAT THE EXPLICIT LICENSE SERVER, THE LICENSE FILES, ANY OTHER SOFTWARE OR SUPPORT OR OTHER SERVICES ARE MADE AVAILABLE ON AN AS-IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND AND CHAOS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, TERMS, REPRESENTATIONS, WARRANTIES, AND OR CONDITIONS PROVIDED IN THIS AGREEMENT AND THE CPS, CERTIFICATE SERVICES AND ANY SERVICES PROVIDED IN RESPECT TO CERTIFICATE(s) ARE PROVIDED "AS IS", AND NEITHER ENTRUST GROUP NOR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, NOR ANY RESELLERS, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING MAKE ANY REPRESENTATIONS KIND, EXPRESS OR GIVE ANY WARRANTIESIMPLIED (WHETHER BY STATUTE, OR CONDITIONSLAW, WHETHER EXPRESSCUSTOM, IMPLIED, STATUTORY, BY USAGE OF TRADE, OR OTHERWISE) INCLUDING, AND ENTRUST GROUPWITHOUT LIMITATION, ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, ALL RESELLERS OR CO-MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT. EXCEPT FOR CHAOS DOES NOT WARRANT THAT THE EXPLICIT REPRESENTATIONSLICENSE SERVER, WARRANTIES AND CONDITIONS CONTAINED IN THIS AGREEMENT AND THE LICENSE FILES, ANY OTHER SOFTWARE, WILL MEET LICENSEE'S EXPECTATIONS, THAT THEIR PERFORMANCE OR OUTPUT WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE, OR COMPLETE NOR THAT DEFECTS OR FAULTS WILL BE CORRECTED. NOTHING IN THE CPSFOREGOING RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, THE ENTIRE RISK OF THE USE OF ANY CERTIFICATE SERVICES RESTRICTED OR ANY SERVICES PROVIDED IN RESPECT CERTIFICATE SERVICES OR THE VALIDATION OF DIGITAL SIGNATURES WILL BE BORNE SOLELY MODIFIED BY YOUA CONTRACTUAL RESTRICTION.

Appears in 7 contracts

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

DISCLAIMER OF WARRANTY. EXCEPT FOR THE EXPLICIT REPRESENTATIONSAS OTHERWISE EXPRESSLY SET FORTH HEREIN, WARRANTIES, NEITHER SCEA NOR ITS AFFILIATES AND CONDITIONS PROVIDED IN THIS AGREEMENT AND THE CPS, CERTIFICATE SERVICES AND ANY SERVICES PROVIDED IN RESPECT TO CERTIFICATE(s) ARE PROVIDED "AS IS", AND NEITHER ENTRUST GROUP NOR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIESSUPPLIERS MAKE, NOR ANY RESELLERSDOES PUBLISHER RECEIVE, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES, OR CONDITIONS, WHETHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, BY USAGE OF TRADEREGARDING THE SONY MATERIALS, OR OTHERWISESCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, AND ENTRUST GROUP, ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, ALL RESELLERS OR CO-MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY UNITS OF THE FOREGOING SPECIFICALLY 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 BE REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA AND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE 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. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES AND CONDITIONS CONTAINED ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN THIS AGREEMENT AND IN THE CPS, THE ENTIRE RISK SECTION 2-312(3) OF THE USE OF UNIFORM COMMERCIAL CODE AND/OR IN ANY CERTIFICATE SERVICES OR ANY SERVICES PROVIDED IN RESPECT CERTIFICATE SERVICES OR THE VALIDATION OF DIGITAL SIGNATURES WILL BE BORNE SOLELY BY YOUOTHER COMPARABLE STATUTE IS EXPRESSLY DISCLAIMED.

Appears in 7 contracts

Sources: Licensed Publisher Agreement (Conspiracy Entertainment Holdings Inc), Licensed Publisher Agreement (Take Two Interactive Software Inc), Licensed Publisher Agreement (3do Co)

DISCLAIMER OF WARRANTY. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES, AND CONDITIONS PROVIDED IN THIS AGREEMENT AND THE CPSENTRUST SSL WEB SERVER CERTIFICATION PRACTICE STATEMENT, CERTIFICATE SERVICES ENTRUST SSL WEB SERVER CERTIFICATES AND ANY SERVICES PROVIDED IN RESPECT TO CERTIFICATE(s) ENTRUST SSL WEB SERVER CERTIFICATES ARE PROVIDED "AS IS", AND NEITHER ENTRUST GROUP NOR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST SSL WEB SERVER CERTIFICATION AUTHORITIES, NOR ANY RESELLERS, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES, OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, OR OTHERWISE, AND ENTRUST GROUPENTRUST, ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST SSL WEB SERVER CERTIFICATION AUTHORITIES, ALL RESELLERS OR CO-MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES AND CONDITIONS CONTAINED IN THIS AGREEMENT AND IN THE CPSENTRUST SSL WEB SERVER CERTIFICATION PRACTICE STATEMENT, THE ENTIRE RISK OF THE USE OF ANY CERTIFICATE SERVICES ENTRUST SSL WEB SERVER CERTIFICATES OR ANY SERVICES PROVIDED IN RESPECT CERTIFICATE SERVICES ENTRUST SSL WEB SERVER CERTIFICATES OR THE VALIDATION OF DIGITAL SIGNATURES WILL SHALL BE BORNE SOLELY BY YOU.

Appears in 5 contracts

Sources: SSL Web Server Certificate Subscription Agreement, SSL Certificate Subscription Agreement, SSL Certificate Subscription Agreement

DISCLAIMER OF WARRANTY. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES, AND CONDITIONS PROVIDED IN THIS AGREEMENT AND THE CPS, CERTIFICATE SERVICES AND ANY SERVICES PROVIDED IN RESPECT TO CERTIFICATE(s) ARE PROVIDED "AS IS", AND NEITHER ENTRUST GROUP NOR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, NOR ANY RESELLERS, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES, OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, OR OTHERWISE, AND ENTRUST GROUP, ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, ALL RESELLERS OR CO-CO- MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES AND CONDITIONS CONTAINED IN THIS AGREEMENT AND IN THE CPS, THE ENTIRE RISK OF THE USE OF ANY CERTIFICATE SERVICES OR ANY SERVICES PROVIDED IN RESPECT CERTIFICATE SERVICES OR THE VALIDATION OF DIGITAL SIGNATURES WILL BE BORNE SOLELY BY YOU.

Appears in 3 contracts

Sources: Entrust Certificate Services Subscription Agreement, Subscription Agreement, Entrust Certificate Services Subscription Agreement

DISCLAIMER OF WARRANTY. 6.4.1 EXCEPT FOR THE EXPLICIT REPRESENTATIONSAS PROVIDED IN SECTION 6.3, NEKTAR AL PROVIDES NO WARRANTIES, AND CONDITIONS PROVIDED IN THIS AGREEMENT AND THE CPSEXPRESS OR IMPLIED, CERTIFICATE SERVICES AND REGARDING ANY SERVICES PROVIDED IN RESPECT TO CERTIFICATE(s) ARE PROVIDED "AS IS"SELECTED REAGENT, POTENTIAL PRODUCT OR COMMERCIAL PRODUCT, OR NEKTAR AL LICENSED TECHNOLOGY, AND NEITHER ENTRUST GROUP NOR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, NOR ANY RESELLERS, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING MAKE ANY REPRESENTATIONS OR GIVE ANY HEREBY DISCLAIMS ALL OTHER WARRANTIES, OR CONDITIONS, WHETHER EXPRESS, EXPRESS AND IMPLIED, STATUTORY, BY USAGE OF TRADE, OR OTHERWISE, AND ENTRUST GROUP, ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER INCLUDING WITHOUT LIMITATION THE ENTRUST CERTIFICATION AUTHORITIES, ALL RESELLERS OR CO-MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. ▇▇▇▇▇▇ ACKNOWLEDGES THAT NEKTAR AL CANNOT GUARANTEE THE SAFETY, NON-TOXICITY, FITNESS OR EFFICACY OF SELECTED REAGENTS, POTENTIAL PRODUCTS OR COMMERCIAL PRODUCTS, AND ▇▇▇▇▇▇ ACCEPTS ANY AND ALL RISK RESULTING FROM ITS USE OF CONJUGATES, REAGENTS, SELECTED REAGENTS, POTENTIAL PRODUCTS OR COMMERCIAL PRODUCTS. 6.4.2 EXCEPT AS PROVIDED IN SECTION 6.3, NEITHER PARTY PROVIDES ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE RESEARCH PLAN OR ANY REAGENT, CONJUGATE, PRODUCT (INCLUDING THE SUCCESSFUL DEVELOPMENT, REGISTRATION, MANUFACTURE OR COMMERCIALIZATION OF ANY POTENTIAL PRODUCT) OR DELIVERABLE PROVIDED PURSUANT TO THE RESEARCH PLAN, AND EACH PARTY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES A PARTICULAR PURPOSE AND CONDITIONS CONTAINED IN THIS AGREEMENT AND IN THE CPSNON-INFRINGEMENT. FOR CLARITY, THE ENTIRE RISK OF THE USE OF ANY CERTIFICATE SERVICES OR ANY SERVICES PROVIDED IN RESPECT CERTIFICATE SERVICES OR THE VALIDATION OF DIGITAL SIGNATURES WILL BE BORNE SOLELY BY YOUFOREGOING SHALL NOT DIMINISH NEKTAR AL’S OBLIGATIONS PURSUANT TO SECTION 15.1.1.

Appears in 2 contracts

Sources: Exclusive Research, Development, License and Manufacturing and Supply Agreement (Nektar Therapeutics), Exclusive Research, Development, License and Manufacturing and Supply Agreement (Nektar Therapeutics)

DISCLAIMER OF WARRANTY. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES, AND CONDITIONS PROVIDED IN THIS AGREEMENT AND THE CPSENTRUST WAP SERVER CERTIFICATION PRACTICE STATEMENT, CERTIFICATE SERVICES ENTRUST WAP SERVER CERTIFICATES AND ANY SERVICES PROVIDED IN RESPECT TO CERTIFICATE(s) ENTRUST WAP SERVER CERTIFICATES ARE PROVIDED "AS IS", AND NEITHER ENTRUST GROUP NOR ANY INDEPENDENT THIRD-THIRD- PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST WAP SERVER CERTIFICATION AUTHORITIES, NOR ANY RESELLERS, CO-CO- MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES, OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, OR OTHERWISE, AND ENTRUST GROUPENTRUST, ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST WAP SERVER CERTIFICATION AUTHORITIES, ALL RESELLERS OR CO-MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES AND CONDITIONS CONTAINED IN THIS AGREEMENT AND IN THE CPSENTRUST WAP SERVER CERTIFICATION PRACTICE STATEMENT, THE ENTIRE RISK OF THE USE OF ANY CERTIFICATE SERVICES ENTRUST WAP SERVER CERTIFICATES OR ANY SERVICES PROVIDED IN RESPECT CERTIFICATE SERVICES ENTRUST WAP SERVER CERTIFICATES OR THE VALIDATION OF DIGITAL SIGNATURES WILL SHALL BE BORNE SOLELY BY YOU.

Appears in 2 contracts

Sources: Entrust Wap Server Certificate Subscription Agreement, Entrust Wap Server Certificate Subscription Agreement

DISCLAIMER OF WARRANTY. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES, AND CONDITIONS PROVIDED IN THIS AGREEMENT AND THE CPS, CERTIFICATE SERVICES AND ANY SERVICES PROVIDED IN RESPECT TO CERTIFICATE(sCERTIFICATE(S) ARE PROVIDED "AS IS", AND NEITHER ENTRUST DATACARD GROUP, ENTRUST DATACARD GROUP NOR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, AFFILIATES NOR ANY RESELLERS, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES, OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, OR OTHERWISE, AND ENTRUST DATACARD GROUP, ENTRUST DATACARD GROUP AFFILIATES, AND ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIESRESELLERS, ALL RESELLERS OR CO-MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES AND CONDITIONS CONTAINED IN THIS AGREEMENT AND IN THE CPS, THE ENTIRE RISK OF THE USE OF ANY CERTIFICATE SERVICES OR ANY SERVICES PROVIDED IN RESPECT CERTIFICATE SERVICES OR THE VALIDATION OF DIGITAL SIGNATURES WILL BE BORNE SOLELY BY YOU.

Appears in 2 contracts

Sources: Certificate Services Subscription Agreement, Entrust Certificate Services Subscription Agreement

DISCLAIMER OF WARRANTY. EXCEPT FOR THE EXPLICIT AS EXPRESSLY SET FORTH IN SECTIONS 16.5, 16.8 and 16.9, BAYLOR MAKES NO WARRANTIES OR REPRESENTATIONS, WARRANTIESAND HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, RELATED TO THIS AGREEMENT AND CONDITIONS PROVIDED ANY PERFORMANCE OR ACTIVITY HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS OR MERCHANTABILITY OR WORKMANSHIP, REGARDING OR WITH RESPECT TO THE LICENSED TECHNOLOGY, PATENT RIGHTS OR LICENSED PRODUCTS AND BAYLOR MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, OF THE PATENTABILITY OF THE LICENSED TECHNOLOGY, LICENSED PRODUCTS, PATENT RIGHTS OR LICENSED PRODUCTS OR OF THE ENFORCEABILITY OF ANY PATENTS ISSUING THEREUPON, IF ANY, OR THAT THE LICENSED TECHNOLOGY, PATENT RIGHTS OR LICENSED PRODUCTS ARE OR SHALL BE FREE FROM INFRINGEMENT OF ANY PATENT OR OTHER RIGHTS OF THIRD PARTIES. NOTHING IN THIS AGREEMENT AND SHALL BE CONSTRUED AS CONFERRING BY IMPLICATION, ESTOPPEL OR OTHERWISE ANY LICENSE OR RIGHTS UNDER ANY PATENTS OF BAYLOR OTHER THAN THE CPSPATENT RIGHTS, CERTIFICATE SERVICES AND ANY SERVICES PROVIDED IN RESPECT REGARDLESS OF WHETHER SUCH PATENTS ARE DOMINANT OR SUBORDINATE TO CERTIFICATE(s) ARE PROVIDED "AS IS", AND NEITHER ENTRUST GROUP NOR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, NOR ANY RESELLERS, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES, OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, OR OTHERWISE, AND ENTRUST GROUP, ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, ALL RESELLERS OR CO-MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES AND CONDITIONS CONTAINED IN THIS AGREEMENT AND IN THE CPS, THE ENTIRE RISK OF THE USE OF ANY CERTIFICATE SERVICES OR ANY SERVICES PROVIDED IN RESPECT CERTIFICATE SERVICES OR THE VALIDATION OF DIGITAL SIGNATURES WILL BE BORNE SOLELY BY YOUPATENT RIGHTS.

Appears in 2 contracts

Sources: Exclusive License and Option Agreement (Athenex, Inc.), Exclusive License and Option Agreement (Athenex, Inc.)

DISCLAIMER OF WARRANTY. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES, AND CONDITIONS PROVIDED IN THIS AGREEMENT AND THE CPS, CERTIFICATE SERVICES AND ANY SERVICES PROVIDED IN RESPECT TO CERTIFICATE(s) ARE PROVIDED "AS IS", AND NEITHER ENTRUST GROUP, ENTRUST GROUP AFFILIATES NOR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, NOR ANY RESELLERS, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES, OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, OR OTHERWISE, AND ENTRUST GROUP, ENTRUST GROUP AFFILIATES, ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, ALL RESELLERS OR CO-MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, NON-NON- INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES AND CONDITIONS CONTAINED IN THIS AGREEMENT AND IN THE CPS, THE ENTIRE RISK OF THE USE OF ANY CERTIFICATE SERVICES OR ANY SERVICES PROVIDED IN RESPECT CERTIFICATE SERVICES OR THE VALIDATION OF DIGITAL SIGNATURES WILL BE BORNE SOLELY BY YOU.

Appears in 2 contracts

Sources: Entrust Certificate Services Subscription Agreement, Entrust Certificate Services Subscription Agreement

DISCLAIMER OF WARRANTY. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES, AND CONDITIONS PROVIDED IN THIS AGREEMENT AND THE CPSENTRUST SSL WEB SERVER CERTIFICATION PRACTICE STATEMENT, CERTIFICATE SERVICES ENTRUST SSL WEB SERVER CERTIFICATES AND ANY SERVICES PROVIDED IN RESPECT TO CERTIFICATE(s) ENTRUST SSL WEB SERVER CERTIFICATES ARE PROVIDED "AS IS", AND NEITHER ENTRUST GROUP NOR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST SSL WEB SERVER CERTIFICATION AUTHORITIES, NOR ANY RESELLERS, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES, OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, OR OTHERWISE, AND ENTRUST GROUPENTRUST, ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST SSL WEB SERVER CERTIFICATION AUTHORITIES, ALL RESELLERS OR CO-MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, NON-NON- INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES AND CONDITIONS CONTAINED IN THIS AGREEMENT AND IN THE CPSENTRUST SSL WEB SERVER CERTIFICATION PRACTICE STATEMENT, THE ENTIRE RISK OF THE USE OF ANY CERTIFICATE SERVICES ENTRUST SSL WEB SERVER CERTIFICATES OR ANY SERVICES PROVIDED IN RESPECT CERTIFICATE SERVICES ENTRUST SSL WEB SERVER CERTIFICATES OR THE VALIDATION OF DIGITAL SIGNATURES WILL SHALL BE BORNE SOLELY BY YOU.

Appears in 1 contract

Sources: Relying Party Agreement

DISCLAIMER OF WARRANTY. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES, AND CONDITIONS AS PROVIDED IN THIS AGREEMENT SECTION 4.2 AND THE CPSSALE ORDER, CERTIFICATE SERVICES NOTWITHSTANDING ANYTHING ELSE HEREIN OR IN ANY OTHER AGREEMENT BETWEEN THE PARTIES, THE RIGHTS TO THE ACQUIRED INTELLECTUAL PROPERTY, THE ADCON ASSETS AND ANY SERVICES PROVIDED IN RESPECT TO CERTIFICATE(s) THE ASSIGNED CONTRACTS ARE PROVIDED BEING ASSIGNED AND TRANSFERRED "AS IS"," AND BOTH SELLER AND BUYER DISCLAIM TO THE OTHER ANY EXPRESS OR IMPLIED WARRANTY, AND NEITHER ENTRUST GROUP NOR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, NOR ANY RESELLERS, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS INCLUDING WARRANTIES OF ANY OF THE FOREGOING MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES, OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, OR OTHERWISE, AND ENTRUST GROUP, ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, ALL RESELLERS OR CO-MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLEMERCHANTABILITY, SATISFACTORY QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR PURPOSE WITH RESPECT TO THE EXPLICIT REPRESENTATIONS, WARRANTIES AND CONDITIONS CONTAINED IN THIS AGREEMENT AND IN THE CPSACQUIRED INTELLECTUAL PROPERTY, THE ENTIRE RISK ADCON ASSETS OR THE ASSIGNED CONTRACTS. NOTWITHSTANDING ANYTHING HEREIN OR IN ANY OTHER AGREEMENT BETWEEN THE PARTIES, REGARDLESS OF THE TYPE OF CLAIM, NEITHER PARTY SHALL BE LIABLE TO THE OTHER OR THE OTHER'S RESPECTIVE AFFILIATES FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF ITS OR ITS RESPECTIVE AFFILIATES' USE OF ANY CERTIFICATE SERVICES OR ANY SERVICES PROVIDED IN RESPECT CERTIFICATE SERVICES THE ACQUIRED INTELLECTUAL PROPERTY, THE ADCON ASSETS OR THE VALIDATION OF DIGITAL SIGNATURES WILL BE BORNE SOLELY BY YOUASSIGNED CONTRACTS, EVEN IF INFORMED THAT THEY MAY OCCUR.

Appears in 1 contract

Sources: Asset Purchase and Intellectual Property Assignment Agreement (Wright Medical Group Inc)

DISCLAIMER OF WARRANTY. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES, AND CONDITIONS PROVIDED IN THIS AGREEMENT AND THE CPS, CERTIFICATE SERVICES AND ANY SERVICES PROVIDED IN RESPECT TO CERTIFICATE(sCERTIFICATE(S) ARE PROVIDED "AS IS", AND NEITHER ENTRUST GROUP, ENTRUST GROUP NOR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, AFFILIATES NOR ANY RESELLERS, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES, OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, OR OTHERWISE, AND ENTRUST GROUP, ENTRUST GROUP AFFILIATES, AND ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIESRESELLERS, ALL RESELLERS OR CO-MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES AND CONDITIONS CONTAINED IN THIS AGREEMENT AND IN THE CPS, THE ENTIRE RISK OF THE USE OF ANY CERTIFICATE SERVICES OR ANY SERVICES PROVIDED IN RESPECT CERTIFICATE SERVICES OR THE VALIDATION OF DIGITAL SIGNATURES WILL BE BORNE SOLELY BY YOU.

Appears in 1 contract

Sources: Entrust Certificate Services Subscription Agreement

DISCLAIMER OF WARRANTY. EXCEPT FOR THE EXPLICIT REPRESENTATIONSAS OTHERWISE EXPRESSLY SET FORTH HEREIN, WARRANTIES, NEITHER SCEA NOR ITS AFFILIATES AND CONDITIONS PROVIDED IN THIS AGREEMENT AND THE CPS, CERTIFICATE SERVICES AND ANY SERVICES PROVIDED IN RESPECT TO CERTIFICATE(s) ARE PROVIDED "AS IS", AND NEITHER ENTRUST GROUP NOR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIESSUPPLIERS MAKE, NOR ANY RESELLERS, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING MAKE DOES PUBLISHER RECEIVE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES, OR CONDITIONS, WHETHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, BY USAGE OF TRADEREGARDING THE SONY MATERIALS, OR OTHERWISESCEA'S CONFIDENTIAL INFORMATION, AND ENTRUST GROUPTHE SYSTEM, ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, ALL RESELLERS OR CO-MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY UNITS OF THE FOREGOING SPECIFICALLY 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 BE REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA AND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE 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. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES AND CONDITIONS CONTAINED ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN THIS AGREEMENT AND IN THE CPS, THE ENTIRE RISK SECTION 2-312(3) OF THE USE OF UNIFORM COMMERCIAL CODE AND/OR IN ANY CERTIFICATE SERVICES OR ANY SERVICES PROVIDED IN RESPECT CERTIFICATE SERVICES OR THE VALIDATION OF DIGITAL SIGNATURES WILL BE BORNE SOLELY BY YOUOTHER COMPARABLE STATUES IS EXPRESSLY DISCLAIMED.

Appears in 1 contract

Sources: Licensed Publisher Agreement (Acclaim Entertainment Inc)

DISCLAIMER OF WARRANTY. EXCEPT FOR THE EXPLICIT REPRESENTATIONSAS OTHERWISE EXPRESSLY SET FORTH HEREIN, WARRANTIES, NEITHER SCEA NOR ITS AFFILIATES AND CONDITIONS PROVIDED IN THIS AGREEMENT AND THE CPS, CERTIFICATE SERVICES AND ANY SERVICES PROVIDED IN RESPECT TO CERTIFICATE(s) ARE PROVIDED "AS IS", AND NEITHER ENTRUST GROUP NOR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIESSUPPLIERS MAKE, NOR ANY RESELLERSDOES PUBLISHER RECEIVE, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES, OR CONDITIONS, WHETHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, BY USAGE OF TRADEREGARDING THE SCE MATERIALS, OR OTHERWISESCEA’S CONFIDENTIAL INFORMATION THE PSP PLAYER, AND ENTRUST GROUP, ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, ALL RESELLERS OR CO-MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY UNITS OF THE FOREGOING SPECIFICALLY LICENSED PSP PRODUCTS MANUFACTURED HEREUNDER 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 OR ANY SOFTWARE ERRORS OR “BUGS” IN PUBLISHER’S PRODUCT INFORMATION WHICH MAY BE REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA AND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SCE MATERIALS, SCEA’S CONFIDENTIAL INFORMATION, LICENSED PSP PRODUCTS, SCEA DEMO DISCS AND THE PSP PLAYER. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES AND CONDITIONS CONTAINED ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN THIS AGREEMENT AND IN THE CPS, THE ENTIRE RISK SECTION 2-312(3) OF THE USE OF UNIFORM COMMERCIAL CODE OR IN ANY CERTIFICATE SERVICES OR ANY SERVICES PROVIDED IN RESPECT CERTIFICATE SERVICES OR THE VALIDATION OF DIGITAL SIGNATURES WILL BE BORNE SOLELY BY YOUOTHER COMPARABLE STATUTE IS EXPRESSLY DISCLAIMED.

Appears in 1 contract

Sources: PSP Licensed Publisher Agreement (THQ Inc)

DISCLAIMER OF WARRANTY. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES, AND CONDITIONS PROVIDED IN THIS AGREEMENT AND THE CPS▇▇▇▇▇▇▇.▇▇▇ WAP SERVER CERTIFICATION PRACTICE STATEMENT, CERTIFICATE SERVICES ▇▇▇▇▇▇▇.▇▇▇ WAP SERVER CERTIFICATES AND ANY SERVICES PROVIDED IN RESPECT TO CERTIFICATE(s) ▇▇▇▇▇▇▇.▇▇▇ WAP SERVER CERTIFICATES ARE PROVIDED "AS IS", AND NEITHER ENTRUST GROUP ▇▇▇▇▇▇▇.▇▇▇ NOR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST ▇▇▇▇▇▇▇.▇▇▇ WAP SERVER CERTIFICATION AUTHORITIES, NOR ANY RESELLERS, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES, OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, OR OTHERWISE, AND ENTRUST GROUP▇▇▇▇▇▇▇.▇▇▇, ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST ▇▇▇▇▇▇▇.▇▇▇ WAP SERVER CERTIFICATION AUTHORITIES, ALL RESELLERS OR CO-MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES AND CONDITIONS CONTAINED IN THIS AGREEMENT AND IN THE CPS▇▇▇▇▇▇▇.▇▇▇ WAP SERVER CERTIFICATION PRACTICE STATEMENT, THE ENTIRE RISK OF THE USE OF ANY CERTIFICATE SERVICES ▇▇▇▇▇▇▇.▇▇▇ WAP SERVER CERTIFICATES OR ANY SERVICES PROVIDED IN RESPECT CERTIFICATE SERVICES ▇▇▇▇▇▇▇.▇▇▇ WAP SERVER CERTIFICATES OR THE VALIDATION OF DIGITAL SIGNATURES WILL SHALL BE BORNE SOLELY BY YOU.

Appears in 1 contract

Sources: Wap Server Certificate Subscription Agreement

DISCLAIMER OF WARRANTY. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES, AND CONDITIONS PROVIDED IN THIS AGREEMENT AND THE CPS▇▇▇▇▇▇▇.▇▇▇ SSL WEB SERVER CERTIFICATION PRACTICE STATEMENT, CERTIFICATE SERVICES ▇▇▇▇▇▇▇.▇▇▇ SSL WEB SERVER CERTIFICATES AND ANY SERVICES PROVIDED IN RESPECT TO CERTIFICATE(s) ▇▇▇▇▇▇▇.▇▇▇ SSL WEB SERVER CERTIFICATES ARE PROVIDED "AS IS", AND NEITHER ENTRUST GROUP ▇▇▇▇▇▇▇.▇▇▇ NOR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST ▇▇▇▇▇▇▇.▇▇▇ SSL WEB SERVER CERTIFICATION AUTHORITIES, NOR ANY RESELLERS, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES, OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, OR OTHERWISE, AND ENTRUST GROUP▇▇▇▇▇▇▇.▇▇▇, ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST ▇▇▇▇▇▇▇.▇▇▇ SSL WEB SERVER CERTIFICATION AUTHORITIES, ALL RESELLERS OR CO-MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES AND CONDITIONS CONTAINED IN THIS AGREEMENT AND IN THE CPS▇▇▇▇▇▇▇.▇▇▇ SSL WEB SERVER CERTIFICATION PRACTICE STATEMENT, THE ENTIRE RISK OF THE USE OF ANY CERTIFICATE SERVICES ▇▇▇▇▇▇▇.▇▇▇ SSL WEB SERVER CERTIFICATES OR ANY SERVICES PROVIDED IN RESPECT CERTIFICATE SERVICES ▇▇▇▇▇▇▇.▇▇▇ SSL WEB SERVER CERTIFICATES OR THE VALIDATION OF DIGITAL SIGNATURES WILL SHALL BE BORNE SOLELY BY YOU.

Appears in 1 contract

Sources: SSL Web Server Certificate Subscription Agreement

DISCLAIMER OF WARRANTY. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES, AND CONDITIONS PROVIDED IN THIS AGREEMENT AND THE CPS, CERTIFICATE SERVICES AND ANY SERVICES PROVIDED IN RESPECT TO CERTIFICATE(s) ARE PROVIDED "AS IS", AND NEITHER ENTRUST GROUP NOR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, NOR ANY RESELLERS, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS CONTRACTOR HEREBY DISCLAIMS ALL WARRANTIES OF ANY OF THE FOREGOING MAKE ANY REPRESENTATIONS KIND, EITHER EXPRESS OR GIVE ANY WARRANTIES, OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, STATUTORY OR OTHERWISE, AND ENTRUST GROUPINCLUDING, ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIESBUT NOT LIMITED TO, ALL RESELLERS OR CO-MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR QUANTUMPATH® AND THE EXPLICIT REPRESENTATIONSSERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER CONTRACTOR NOR ANY PERSON ASSOCIATED WITH CONTRACTOR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, WARRANTIES SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF QUANTUMPATH® AND CONDITIONS CONTAINED IN THIS AGREEMENT AND IN THE CPSSERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER CONTRACTOR NOR ANYONE ASSOCIATED WITH CONTRACTOR REPRESENTS OR WARRANTS THAT THE ENTIRE RISK OF THE USE OF ANY CERTIFICATE SERVICES OR ANY SERVICES PROVIDED IN RESPECT CERTIFICATE OR ITEMS OBTAINED THROUGH THE SERVICES (INCLUDING, WITHOUT LIMITATION, THIRD-PARTY SERVICES (AS DEFINED BELOW)) WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE VALIDATION SERVER THAT MAKES IT AVAILABLE ARE FREE OF DIGITAL SIGNATURES VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT QUANTUMPATH® AND THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES (INCLUDING, WITHOUT LIMITATION, THIRD-PARTY SERVICES) WILL BE BORNE SOLELY BY YOUOTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Appears in 1 contract

Sources: End User Customer Agreement

DISCLAIMER OF WARRANTY. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES, AND CONDITIONS PROVIDED IN THIS AGREEMENT AND THE CPSENTRUST EV SSL CERTIFICATION PRACTICE STATEMENT, CERTIFICATE SERVICES ENTRUST EV SSL CERTIFICATES AND ANY SERVICES PROVIDED IN RESPECT TO CERTIFICATE(s) ENTRUST EV SSLCERTIFICATES ARE PROVIDED "AS IS", AND NEITHER ENTRUST GROUP NOR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST EV SSL CERTIFICATION AUTHORITIES, NOR ANY RESELLERS, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES, OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, OR OTHERWISE, AND ENTRUST GROUPENTRUST, ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST EV SSL CERTIFICATION AUTHORITIES, ALL RESELLERS OR CO-MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, NON-NON- INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES AND CONDITIONS CONTAINED IN THIS AGREEMENT AND IN THE CPSENTRUST EV SSL CERTIFICATION PRACTICE STATEMENT, THE ENTIRE RISK OF THE USE OF ANY CERTIFICATE SERVICES ENTRUST EV SSL CERTIFICATES OR ANY SERVICES PROVIDED IN RESPECT CERTIFICATE SERVICES ENTRUST EV SSL CERTIFICATES OR THE VALIDATION OF DIGITAL SIGNATURES WILL SHALL BE BORNE SOLELY BY YOU.

Appears in 1 contract

Sources: SSL Certificate Subscription Agreement

DISCLAIMER OF WARRANTY. EXCEPT FOR THE EXPLICIT REPRESENTATIONSAS OTHERWISE EXPRESSLY SET FORTH HEREIN, WARRANTIES, NEITHER SCEA NOR ITS AFFILIATES AND CONDITIONS PROVIDED IN THIS AGREEMENT AND THE CPS, CERTIFICATE SERVICES AND ANY SERVICES PROVIDED IN RESPECT TO CERTIFICATE(s) ARE PROVIDED "AS IS", AND NEITHER ENTRUST GROUP NOR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIESSUPPLIERS MAKE, NOR ANY RESELLERSDOES PUBLISHER RECEIVE, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES, OR CONDITIONS, WHETHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, BY USAGE OF TRADEREGARDING THE SCE MATERIALS, OR OTHERWISESCEA'S CONFIDENTIAL INFORMATION THE PSP PLAYER, AND ENTRUST GROUP, ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, ALL RESELLERS OR CO-MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY UNITS OF THE FOREGOING SPECIFICALLY LICENSED PSP PRODUCTS MANUFACTURED HEREUNDER 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 OR ANY SOFTWARE ERRORS OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY BE REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA AND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SCE MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PSP PRODUCTS, SCEA DEMO DISCS AND THE PSP PLAYER. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES AND CONDITIONS CONTAINED ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN THIS AGREEMENT AND IN THE CPS, THE ENTIRE RISK SECTION 2-312(3) OF THE USE OF UNIFORM COMMERCIAL CODE OR IN ANY CERTIFICATE SERVICES OR ANY SERVICES PROVIDED IN RESPECT CERTIFICATE SERVICES OR THE VALIDATION OF DIGITAL SIGNATURES WILL BE BORNE SOLELY BY YOUOTHER COMPARABLE STATUTE IS EXPRESSLY DISCLAIMED.

Appears in 1 contract

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

DISCLAIMER OF WARRANTY. EXCEPT FOR THE EXPLICIT REPRESENTATIONSEXPRESS WARRANTIES SET FORTH IN SECTIONS 11.1, WARRANTIES11.2, AND CONDITIONS PROVIDED IN THIS AGREEMENT AND THE CPS11.3 ABOVE, CERTIFICATE SERVICES AND ANY SERVICES PROVIDED IN RESPECT TO CERTIFICATE(s) ARE PROVIDED "AS IS", AND NEITHER ENTRUST GROUP NOR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, NOR ANY RESELLERS, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING MAKE MAKES ANY REPRESENTATIONS OR GIVE 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 CONDITIONSORAL, WHETHER EXPRESSOR EXPRESS OR IMPLIED. NONE OF AMYRIS NOR ITS AFFILIATES MAKE ANY REPRESENTATIONS, EXTEND ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORYORAL OR WRITTEN, ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, AND ENTRUST GROUP, ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER INCLUDING BUT NOT LIMITED TO THE ENTRUST CERTIFICATION AUTHORITIES, ALL RESELLERS OR CO-MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS IMPLIED WARRANTIES OF ANY OF THE FOREGOING SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. , OR ASSUME ANY RESPONSIBILITIES WHATSOEVER WITH RESPECT TO THE COLLABORATION CANNABINOIDS OR TO THE DESIGN, DEVELOPMENT, MANUFACTURE OR SALE OR, ALSO EXCEPT FOR THE EXPLICIT REPRESENTATIONSEXPRESS WARRANTIES SET FORTH IN SECTIONS 11.1, 11.2, AND 11.3 ABOVE, OTHER DISPOSITION BY LAVVAN OR ITS AFFILIATES OR ANY SUBLICENSEES OF PRODUCTS, AND, EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTIONS 11.1, 11.2, AND CONDITIONS CONTAINED IN THIS AGREEMENT 11.3 ABOVE, EACH OF AMYRIS AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY WARRANTIES THAT: THE USE OF THE SUPPLIED COLLABORATION CANNABINOIDS IN THE CPSMANUFACTURE OF PRODUCTS, OR THE USE OR TRANSFER OF SUCH PRODUCTS BY OR TO ANY AFFILIATE OR THIRD PARTY ARE OR WILL BE FREE FROM INFRINGEMENT OF ANY PATENT OR OTHER RIGHTS OF THIRD PARTIES; AND LAVVAN AND ITS AFFILIATES AND ALL SUBLICENSEES ASSUME THE ENTIRE RISK AS TO DESIGN, DEVELOPMENT, MANUFACTURE, USE, SALE OR PERFORMANCE OF PRODUCTS BY OR ON ITS BEHALF; AND, ALSO EXCEPT FOR THE USE EXPRESS WARRANTIES SET FORTH IN SECTIONS 11.1, 11.2, AND 11.3 ABOVE, EACH SUBLICENSEE AND ITS AFFILIATES ASSUME THE ENTIRE RISK AS TO DESIGN, DEVELOPMENT, MANUFACTURE, USE, SALE OR PERFORMANCE OF ANY CERTIFICATE SERVICES PRODUCTS BY OR ANY SERVICES PROVIDED IN RESPECT CERTIFICATE SERVICES OR THE VALIDATION OF DIGITAL SIGNATURES WILL BE BORNE SOLELY BY YOUON ITS BEHALF.

Appears in 1 contract

Sources: Research, Collaboration and License Agreement (Amyris, Inc.)

DISCLAIMER OF WARRANTY. EXCEPT THE CONTENT PROVIDED ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE AND AGREE THAT THE EXPLICIT REPRESENTATIONS, WARRANTIES, AND CONDITIONS PROVIDED IN THIS AGREEMENT SITE AND THE CPS, CERTIFICATE SERVICES AND ANY SERVICES PROVIDED IN RESPECT TO CERTIFICATE(s) CONTENT THEREIN ARE PROVIDED "ON AN “AS IS"IS”AND “AS AVAILABLE”BASIS. NONE OF FHF, AND NEITHER ENTRUST GROUP NOR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIESOF ITS RESPECTIVE OFFICERS, NOR ANY RESELLERS, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERSDIRECTORS, EMPLOYEES, OR DIRECTORS AGENTS (COLLECTIVELY THE “FHF PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE FOREGOING MAKE CONTENT. NONE OF FHF PARTIES WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE, ITS SERVER, OR ANY REPRESENTATIONS FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR GIVE ANY OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE 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, AND HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORYREGARDING THE SITE OR ANY CONTENT, BY USAGE INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TRADE, OR OTHERWISE, MERCHANTABILITY AND ENTRUST GROUP, ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, ALL RESELLERS OR CO-MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES PURPOSE AND CONDITIONS CONTAINED IN THIS AGREEMENT AND IN THE CPS, THE ENTIRE RISK NON-INFRINGEMENT OF THE USE OF ANY CERTIFICATE SERVICES OR ANY SERVICES PROVIDED IN RESPECT CERTIFICATE SERVICES OR THE VALIDATION OF DIGITAL SIGNATURES WILL BE BORNE SOLELY BY YOUTHIRD-PARTY RIGHTS.

Appears in 1 contract

Sources: Terms of Use

DISCLAIMER OF WARRANTY. EXCEPT FOR LICENSEE AGREES THAT THE EXPLICIT REPRESENTATIONSSOFTWARE, WARRANTIES, AND CONDITIONS PROVIDED IN THIS AGREEMENT AND THE CPS, CERTIFICATE SERVICES AND ANY SERVICES PROVIDED IN RESPECT TO CERTIFICATE(s) ARE PROVIDED "AS LICENSE KEYS AND/OR DOCUMENTATION IS FURNISHED ON AN “AS-IS", AND ” BASIS. NEITHER ENTRUST GROUP ARRIS NOR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, NOR SUPPLIER MAKES ANY RESELLERS, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS WARRANTIES OF ANY OF THE FOREGOING MAKE ANY REPRESENTATIONS KIND, EITHER EXPRESSED OR GIVE ANY WARRANTIES, OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORYAS TO ANY MATTER WHATSOEVER, BY USAGE INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TRADENONINFRINGEMENT, OR OTHERWISECONDITION, AND ENTRUST GROUP, ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, ALL RESELLERS OR CO-MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A ANY PARTICULAR PURPOSEPURPOSE OF THE SOFTWARE, LICENSE KEYS AND/OR DOCUMENTATION. EXCEPT NEITHER ARRIS NOR ANY THIRD-PARTY SUPPLIER WARRANTS THAT THE SOFTWARE, LICENSE KEYS AND/OR DOCUMENTATION WILL MEET LICENSEE’S REQUIREMENTS, THAT IT WILL OPERATE IN THE COMBINATIONS WHICH LICENSEE MAY SELECT, OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER ARRIS NOR ANY THIRD-PARTY SUPPLIER ASSUMES ANY LIABILITY REGARDING USE OF, OR ANY DEFECT IN, THE SOFTWARE, LICENSE KEYS AND/OR DOCUMENTATION. SHOULD THE SOFTWARE, LICENSE KEYS AND/OR DOCUMENTATION PROVE DEFECTIVE FOLLOWING ITS PURCHASE, LICENSEE (AND NOT ARRIS, ANY THIRD-PARTY SUPPLIER, THE DISTRIBUTOR, OR THE RETAILER) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NEITHER ARRIS NOR ANY THIRD-PARTY SUPPLIER HAS ANY OBLIGATION TO PROVIDE MAINTENANCE SERVICES, UPDATE SERVICES, NOTICES OF LATENT DEFECTS, OR CORRECTION OF DEFECTS FOR THE EXPLICIT REPRESENTATIONSSOFTWARE, WARRANTIES AND CONDITIONS CONTAINED IN THIS AGREEMENT AND IN THE CPS, THE ENTIRE RISK OF THE USE OF ANY CERTIFICATE SERVICES LICENSE KEYS AND/OR ANY SERVICES PROVIDED IN RESPECT CERTIFICATE SERVICES OR THE VALIDATION OF DIGITAL SIGNATURES WILL BE BORNE SOLELY BY YOUDOCUMENTATION.

Appears in 1 contract

Sources: Software License Agreement

DISCLAIMER OF WARRANTY. EXCEPT FOR THE EXPLICIT REPRESENTATIONSAS OTHERWISE EXPRESSLY SET FORTH HEREIN, WARRANTIES, NEITHER SCEA NOR ITS AFFILIATES AND CONDITIONS PROVIDED IN THIS AGREEMENT AND THE CPS, CERTIFICATE SERVICES AND ANY SERVICES PROVIDED IN RESPECT TO CERTIFICATE(s) ARE PROVIDED "AS IS", AND NEITHER ENTRUST GROUP NOR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIESSUPPLIERS MAKE, NOR ANY RESELLERSDOES PUBLISHER RECEIVE, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES, OR CONDITIONS, WHETHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, BY USAGE OF TRADEREGARDING THE SCE MATERIALS, OR OTHERWISESCEA'S CONFIDENTIAL INFORMATION THE PSP PLAYER, AND ENTRUST GROUP, ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, ALL RESELLERS OR CO-MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY UNITS OF THE FOREGOING SPECIFICALLY LICENSED PSP PRODUCTS MANUFACTURED HEREUNDER 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 OR ANY SOFTWARE ERRORS OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH 15 CONFIDENTIAL MAY BE REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA AND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SCE MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PSP PRODUCTS, SCEA DEMO DISCS AND THE PSP PLAYER. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES AND CONDITIONS CONTAINED ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN THIS AGREEMENT AND IN THE CPS, THE ENTIRE RISK SECTION 2-312(3) OF THE USE OF UNIFORM COMMERCIAL CODE OR IN ANY CERTIFICATE SERVICES OR ANY SERVICES PROVIDED IN RESPECT CERTIFICATE SERVICES OR THE VALIDATION OF DIGITAL SIGNATURES WILL BE BORNE SOLELY BY YOUOTHER COMPARABLE STATUTE IS EXPRESSLY DISCLAIMED.

Appears in 1 contract

Sources: PSP Licensed Publisher Agreement (Atari Inc)

DISCLAIMER OF WARRANTY. EXCEPT FOR THE EXPLICIT REPRESENTATIONSAS OTHERWISE EXPRESSLY SET FORTH HEREIN, WARRANTIES, NEITHER SCEA NOR ITS AFFILIATES AND CONDITIONS PROVIDED IN THIS AGREEMENT AND THE CPS, CERTIFICATE SERVICES AND ANY SERVICES PROVIDED IN RESPECT TO CERTIFICATE(s) ARE PROVIDED "AS IS", AND NEITHER ENTRUST GROUP NOR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIESSUPPLIERS MAKE, NOR ANY RESELLERSDOES PUBLISHER RECEIVE, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES, OR CONDITIONS, WHETHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, BY USAGE OF TRADEREGARDING THE SONY MATERIALS, OR OTHERWISESCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, AND ENTRUST GROUP, ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, ALL RESELLERS OR CO-MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY UNITS OF THE FOREGOING SPECIFICALLY 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 BE REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA AND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE 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. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES AND CONDITIONS CONTAINED ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN THIS AGREEMENT AND IN THE CPS, THE ENTIRE RISK SECTION 2 312(3) OF THE USE OF UNIFORM COMMERCIAL CODE AND/OR IN ANY CERTIFICATE SERVICES OR ANY SERVICES PROVIDED IN RESPECT CERTIFICATE SERVICES OR THE VALIDATION OF DIGITAL SIGNATURES WILL BE BORNE SOLELY BY YOUOTHER COMPARABLE STATUTE IS EXPRESSLY DISCLAIMED.

Appears in 1 contract

Sources: Licensed Publisher Agreement (Ivp Technology Corp)

DISCLAIMER OF WARRANTY. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES, AND CONDITIONS PROVIDED IN THIS AGREEMENT THE PRACTICE STATEMENTS, CERTIFICATES, TIME-STAMPS AND THE CPS, CERTIFICATE ANY RELATED SERVICES AND ANY SERVICES PROVIDED IN RESPECT TO CERTIFICATE(s) INFORMATION ARE PROVIDED "AS IS", AND NEITHER ENTRUST GROUP NOR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIESAND ITS AFFILIATES, NOR ANY RESELLERS, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES, OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, OR OTHERWISE, LICENSORS AND ENTRUST GROUP, ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, ALL RESELLERS OR CO-MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING SPECIFICALLY SUPPLIERS DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIESCONDITIONS OR WARRANTIES OF ANY KIND, AND CONDITIONS EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, MERCHANTIBILITY OR FITNESS FOR A PURPOSE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE EXPLICIT ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES IMPLIED BY STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OR TRADE. ENTRUST FURTHER DISCLAIMS AND CONDITIONS MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE SUBSCRIBER TO WHICH IT HAS ISSUED A CERTIFICATE IS IN THE FACT THE PERSON, ENTITY OR ORGANIZATION IT CLAIMS TO HAVE BEEN (B) A SUBSCRIBER IS IN FACT THE PERSON, ENTITY OR ORGANIZATION LISTED IN THE CERTIFICATE, OR (C) THAT THE INFORMATION CONTAINED IN THIS AGREEMENT AND THE CERTIFICATES OR IN ANY CERTIFICATE STATUS MECHANISM COMPILED, PUBLISHED OR OTHERWISE DISSEMINATED BY ENTRUST, OR THE CPSRESULTS OF ANY CRYPTOGRAPHIC METHOD IMPLEMENTED IN CONNECTION WITH THE CERTIFICATES IS ACCURATE, AUTHENTIC, COMPLETE OR RELIABLE. ENTRUST DOES NOT WARRANT OR GUARANTEE UNDER ANY CIRCUMSTANCES THE ENTIRE RISK "NON-REPUDIATION" BY A SUBSCRIBER OF ANY TRANSACTION ENTERED INTO BY THE SUBSCRIBER INVOLVING THE USE OF ANY CERTIFICATE SERVICES OR ANY SERVICES PROVIDED IN RESPECT CERTIFICATE SERVICES OR THE VALIDATION OF DIGITAL SIGNATURES WILL BE BORNE SOLELY BY YOURELIANCE UPON A CERTIFICATE.

Appears in 1 contract

Sources: Relying Party Agreement

DISCLAIMER OF WARRANTY. EXCEPT FOR THE EXPLICIT REPRESENTATIONSAS OTHERWISE EXPRESSLY SET FORTH HEREIN, WARRANTIES, NEITHER SCEA NOR ITS AFFILIATES AND CONDITIONS PROVIDED IN THIS AGREEMENT AND THE CPS, CERTIFICATE SERVICES AND ANY SERVICES PROVIDED IN RESPECT TO CERTIFICATE(s) ARE PROVIDED "AS IS", AND NEITHER ENTRUST GROUP NOR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIESSUPPLIERS MAKE, NOR ANY RESELLERSDOES PUBLISHER RECEIVE, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES, OR CONDITIONS, WHETHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, BY USAGE OF TRADEREGARDING THE SONY MATERIALS, OR OTHERWISESCEA'S CONFIDENTIAL INFORMATION, AND ENTRUST GROUPTHE SYSTEM, ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, ALL RESELLERS OR CO-MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY UNITS OF THE FOREGOING SPECIFICALLY 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 T0 USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY BE REPRODUCED ON SCEA DEMO DISCS, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA AND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE 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. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES AND CONDITIONS CONTAINED ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN THIS AGREEMENT AND IN THE CPS, THE ENTIRE RISK SECTION 2-312(3) OF THE USE OF UNIFORM COMMERCIAL CODE AND/OR IN ANY CERTIFICATE SERVICES OR ANY SERVICES PROVIDED IN RESPECT CERTIFICATE SERVICES OR THE VALIDATION OF DIGITAL SIGNATURES WILL BE BORNE SOLELY BY YOUOTHER COMPARABLE STATUTE IS EXPRESSLY DISCLAIMED.

Appears in 1 contract

Sources: Licensed Publisher Agreement (Majesco Holdings Inc)

DISCLAIMER OF WARRANTY. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES, AND CONDITIONS PROVIDED IN THIS AGREEMENT AND THE CPS▇▇▇▇▇▇▇.▇▇▇ SSL WEB SERVER CERTIFICATION PRACTICE STATEMENT, CERTIFICATE SERVICES ▇▇▇▇▇▇▇.▇▇▇ SSL WEB SERVER CERTIFICATES AND ANY SERVICES PROVIDED IN RESPECT TO CERTIFICATE(s) ▇▇▇▇▇▇▇.▇▇▇ SSL WEB SERVER CERTIFICATES ARE PROVIDED "AS IS", AND NEITHER ENTRUST GROUP ▇▇▇▇▇▇▇.▇▇▇ NOR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST ▇▇▇▇▇▇▇.▇▇▇ SSL WEB SERVER CERTIFICATION AUTHORITIES, NOR ANY RESELLERS, CO-CO- MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES, OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, OR OTHERWISE, AND ENTRUST GROUP▇▇▇▇▇▇▇.▇▇▇, ALL INDEPENDENT THIRD-THIRD- PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST ▇▇▇▇▇▇▇.▇▇▇ SSL WEB SERVER CERTIFICATION AUTHORITIES, ALL RESELLERS OR CO-MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES AND CONDITIONS CONTAINED IN THIS AGREEMENT AND IN THE CPS▇▇▇▇▇▇▇.▇▇▇ SSL WEB SERVER CERTIFICATION PRACTICE STATEMENT, THE ENTIRE RISK OF THE USE OF ANY CERTIFICATE SERVICES ▇▇▇▇▇▇▇.▇▇▇ SSL WEB SERVER CERTIFICATES OR ANY SERVICES PROVIDED IN RESPECT CERTIFICATE SERVICES ▇▇▇▇▇▇▇.▇▇▇ SSL WEB SERVER CERTIFICATES OR THE VALIDATION OF DIGITAL SIGNATURES WILL SHALL BE BORNE SOLELY BY YOU.

Appears in 1 contract

Sources: SSL Web Server Certificate Subscription Agreement