Common use of Unintended Use Clause in Contracts

Unintended Use. PHOENIX is not responsible for problems caused by: (a) use of the Licensed Programs outside the scope of this Agreement; (b) changes in, or modifications to, the operating characteristics of any computer hardware, software or data for which the Licensed Programs are procured which were not previously authorized in writing by PHOENIX; (c) use of the Licensed Programs with data or software of third parties or with hardware which is incompatible with the Licensed Programs; (d) changes to any component of the Designated System; or (e) accident, physical, electrical or magnetic stress, unauthorized alterations, failure of electric power, environmental controls, or causes other than ordinary use. The warranties specified in this Section 6.1 are the complete warranties between PHOENIX and LBS. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED. Some states do not allow exclusions of implied warranties; if the above is true, the exclusions may not apply to this Agreement. The express warranties set forth above supersede all proposals, promotions, advertisements, representations or prior warranties, verbal or written, express or implied, statutory or otherwise, and any communications between the parties relating to the subject matter of these warranties not specifically incorporated into this Agreement. No representation or statement not expressly contained in this Agreement shall be binding on PHOENIX as a warranty or otherwise.