Common use of Inability to Exclude Warranties Clause in Contracts

Inability to Exclude Warranties. If a jurisdiction applicable to this Agreement restricts the exclusion of certain implied warranties, limitations on how long an implied warranty may last, or the exclusion or limitation of incidental, consequential, or special damages, then (i) each warranty which cannot be excluded is limited in time to ninety (90) days from the effective date of the respective Purchase Order; and (ii) Cyberbit’s total liability for breach of all such warranties are limited as provided in Section titled “Limitation of Liability” below.

Appears in 2 contracts

Sources: End User License Agreement, End User License Agreement

Inability to Exclude Warranties. If a jurisdiction applicable to this Agreement restricts the exclusion of certain implied warranties, limitations on how long an implied warranty may last, or the exclusion or limitation of incidental, consequential, or special damages, then : (i) each warranty which cannot be excluded is limited in time to ninety (90) days from the effective date of the respective Purchase Order; and (ii) Cyberbit’s total liability for breach of all such warranties are limited as provided in Section section titled Limitation of Liability” Liability below.

Appears in 2 contracts

Sources: Master Purchase Agreement, Terms of Use Agreement

Inability to Exclude Warranties. If a jurisdiction applicable to this Agreement restricts the exclusion of certain implied warranties, limitations on how long an implied warranty may last, or the exclusion or limitation of incidental, consequential, or special damages, damages then (i) each warranty which cannot be excluded is limited in time to ninety (90) days from the effective date of the respective Purchase Order; and (ii) Cyberbit’s total liability for breach of all such warranties are limited as provided in Section section titled Limitation of Liability” Liability below.

Appears in 1 contract

Sources: Terms of Use Agreement