Warranties and Limitation of Liability. Tetra represents that it has the right to grant the license herein and warrants the Images to be free from defects in material and workmanship for thirty (30) days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the CD-ROM or Image files, or refund of the purchase price, at Tetra’s option. TETRA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TETRA SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE IMAGES/FOOTAGE, OR OTHERWISE, EVEN IF TETRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. TETRA’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE IMAGES/FOOTAGE (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE USE OF THE IMAGES/FOOTAGE. Licensee may have additional rights under state law. Although ▇▇▇▇▇ has attempted in all cases to correctly caption the subject matter of the Images, Tetra does not warrant the accuracy of such information.
Appears in 1 contract
Sources: End User License Agreement
Warranties and Limitation of Liability. Tetra UpperCut Images represents that it has the right to grant the license herein and warrants the Images to be free from defects in material and workmanship for thirty (30) 30 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the CD-ROM or Image files, CD‐ROM or refund of the purchase price, at Tetra’s UpperCut Images’ option. TETRA UPPERCUT IMAGES MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TETRA UPPERCUT IMAGES SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE IMAGES/FOOTAGE, OR OTHERWISE, EVEN IF TETRA UPPERCUT IMAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. TETRA’S UPPERCUT IMAGES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE IMAGES/FOOTAGE IMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE USE OF THE IMAGES/FOOTAGE. Licensee may have additional rights under state law. Although ▇▇▇▇▇ has attempted in all cases to correctly caption the subject matter of the Images, Tetra does not warrant the accuracy of such informationIMAGE(S).
Appears in 1 contract
Sources: End User License Agreement
Warranties and Limitation of Liability. Tetra Blend Images represents that it has the right to grant the license herein and warrants the Images to be free from defects in material and workmanship for thirty (30) 30 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the CD-ROM or Image files, CD‐ROM or refund of the purchase price, at Tetra’s Blend Images’ option. TETRA Blend Images MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TETRA Blend Images SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE IMAGES/FOOTAGE, OR OTHERWISE, EVEN IF TETRA Blend Images HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. TETRA’S Blend Images’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE IMAGES/FOOTAGE (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE USE OF THE IMAGES/FOOTAGE. Licensee may have additional rights under state law. Although ▇▇▇▇▇ has attempted in all cases to correctly caption the subject matter of the Images, Tetra does not warrant the accuracy of such information.
Appears in 1 contract
Sources: Royalty Free License Agreement
Warranties and Limitation of Liability. Tetra COMPANY represents that it has the right to grant the license herein and warrants the Images to be free from defects in material and workmanship for thirty (30) 30 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the CD-ROM or Image files, or refund of the purchase price, at Tetra’s COMPANY’S option. TETRA COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TETRA COMPANY SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE IMAGES/FOOTAGE, OR OTHERWISE, EVEN IF TETRA COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. TETRACOMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE IMAGES/FOOTAGE IMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE USE OF THE IMAGES/FOOTAGE. Licensee may have additional rights under state law. Although ▇▇▇▇▇ has attempted in all cases to correctly caption the subject matter of the Images, Tetra does not warrant the accuracy of such informationIMAGE(S).
Appears in 1 contract
Sources: Royalty Free License Agreement
Warranties and Limitation of Liability. Tetra UPPERCUT IMAGES represents that it has the right to grant the license herein and warrants the Images to be free from defects in material and workmanship for thirty (30) 30 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the CD-ROM or Image files, or refund of the purchase price, at Tetra’s UPPERCUT IMAGES’ option. TETRA UPPERCUT IMAGES MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TETRA UPPERCUT IMAGES SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE IMAGES/FOOTAGE, OR OTHERWISE, EVEN IF TETRA UPPERCUT IMAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. TETRA’S UPPERCUT IMAGES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE IMAGES/FOOTAGE IMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE USE OF THE IMAGES/FOOTAGEIMAGE(S). Licensee may have additional rights under state law. Although ▇▇▇▇▇ has attempted in all cases to correctly caption the subject matter of the Images, Tetra does not warrant the accuracy of such information.
Appears in 1 contract
Sources: License Agreement
Warranties and Limitation of Liability. Tetra AGV represents that it has the right to grant the license herein and warrants that the Images services supplied pursuant to this Agreement shall be free from defects supplied in material a professional and workmanship for thirty (30) days from deliverymanner and to standards not less than those generally accepted in the industry. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the CD-ROM or Image filesTO THE EXTENT PERMITTED BY LAW, or refund of the purchase price, at Tetra’s option. TETRA MAKES NO OTHER AGV DISCLAIMS ANY FURTHER WARRANTIES, EXPRESS WHETHER WRITTEN OR ORAL, EXPRESSED OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TETRA SHALL NOT IN NO EVENT WILL EITHER PARTY BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERALINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, SPECIALEXEMPLARY OR SIMILAR OR ADDITIONAL DAMAGES INCURRED OR SUFFERED INCLUDING LOSS OF PROFITS, DIRECTLOSS OF REVENUES, INDIRECTLOSS OF DATA, CONSEQUENTIAL LOSS OF BUSINESS INFORMATION, LOSS OF USE OF ANY EQUIPMENT OR INCIDENTAL DAMAGESPROCESS, LOSS OF GOODWILL, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE IMAGES/FOOTAGE, OR OTHERWISE, EVEN IF TETRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. TETRA’S MAXIMUM LIABILITY BUSINESS INTERRUPTION ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR IS AWARE OF OR INABILITY TO USE THE IMAGES/FOOTAGE (POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY FOR ANY MATTER ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL, EXCEED THE AMOUNT PAID IN FEES TO THE EXTENT PERMITTED AGV BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE GLGT FOR THE USE OF THE IMAGES/FOOTAGE. Licensee may have additional rights under state law. Although ▇▇▇▇▇ has attempted in all cases to correctly caption the subject matter of the Images, Tetra does not warrant the accuracy of such informationTHIS AGREEMENT.
Appears in 1 contract
Sources: Services Agreement (Global General Technologies, Inc.)
Warranties and Limitation of Liability. Tetra represents that it has the right to grant the license herein and warrants the Images to be free from defects in material and workmanship for thirty (30) days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the CD-ROM or Image files, or refund of the purchase price, at Tetra’s option. TETRA REDLINE MAKES NO OTHER WARRANTIESWARRANTY THAT THE EQUIPMENT WILL SUIT CUSTOMER’S PURPOSE, EXPRESS OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, THE SELECTION OF EQUIPMENT HAVING BEEN MADE BY THE CUSTOMER; NOR ARE THERE ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE NOR ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPT ION OF EQUIPMENT OR, IF NEW EQUIPMENT, BEYOND THE MANUFACTURER’S WARRANTY. TETRA UNDER NO CIRCUMSTANCES SHALL NOT REDLINE BE LIABLE TO LICENSEE FOR CUSTOMER’S OR ANY OTHER PERSON ENTITY’S LOSS OF USE, DOWN TIME, LOSSED INCOME OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER ALLEGED SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, COSTS . ANY ACTION FOR BREACH OF CONTRACT OR LOSSES ARISING OUT OTHERWISE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF LICENSEE'S USE OF THE IMAGES/FOOTAGE, OR OTHERWISE, EVEN IF TETRA ACTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSESACCRUED. TETRAUNDER NO CIRCUMSTANCES SHALL REDLINE’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY UNDER THE ORDER/CONTRACT EXCEED THE PRICE CUSTOMER PAID TO USE RENT THE IMAGES/FOOTAGE (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE USE OF THE IMAGES/FOOTAGE. Licensee may have additional rights under state law. Although ▇▇▇▇▇ has attempted in all cases to correctly caption the subject matter of the Images, Tetra does not warrant the accuracy of such informationEQUIPMENT UPON WHICH ANY SUCH CLAIM IS BASED.
Appears in 1 contract
Warranties and Limitation of Liability. Tetra Company represents that it has the right to grant the license herein and warrants the Images to be free from defects in material and workmanship for thirty (30) 30 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the CD-ROM or Image files, or refund of the purchase price, at Tetra’s option. TETRA COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TETRA COMPANY SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S ’S USE OF THE IMAGES/FOOTAGE, OR OTHERWISE, EVEN IF TETRA COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. TETRACOMAPNY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S ’S USE OF OR INABILITY TO USE THE IMAGES/FOOTAGE IMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE USE OF THE IMAGES/FOOTAGEImage. Licensee may have additional rights under state law. Although ▇▇▇▇▇ has attempted in all cases to correctly caption the subject matter of the Images, Tetra does not warrant the accuracy of such information.
Appears in 1 contract
Warranties and Limitation of Liability. Tetra AURORA represents that it has the right to grant the license herein and warrants the Images to be free from defects in material and workmanship for thirty (30) 30 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the CD-ROM or Image files, image(s) or refund of the purchase price, at Tetra’s AURORA’S option. TETRA AURORA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TETRA AURORA SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE IMAGES/FOOTAGE, OR OTHERWISE, EVEN IF TETRA AURORA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. TETRAAURORA’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE IMAGES/FOOTAGE IMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE USE OF THE IMAGES/FOOTAGE. Licensee may have additional rights under state law. Although ▇▇▇▇▇ has attempted in all cases to correctly caption the subject matter of the Images, Tetra does not warrant the accuracy of such informationIMAGE(S).
Appears in 1 contract
Sources: End User License Agreement
Warranties and Limitation of Liability. Tetra SUPERSTOCK represents that it has the right to grant the license herein and warrants the Images Image(s) to be free from defects in material and workmanship for thirty (30) 30 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the CD-ROM or Image files, CD‐ROM or refund of the purchase price, at TetraSUPERSTOCK’s option. TETRA SUPERSTOCK MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TETRA SUPERSTOCK SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE IMAGES/FOOTAGE, OR OTHERWISE, EVEN IF TETRA SUPERSTOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. TETRASUPERSTOCK’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE IMAGES/FOOTAGE IMAGE(S) (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF 10 TIMES THE LICENSE VALUE PAID BY THE LICENSEE FOR THE USE OF THE IMAGES/FOOTAGE. Licensee may have additional rights under state law. Although ▇▇▇▇▇ has attempted in all cases to correctly caption the subject matter of the Images, Tetra does not warrant the accuracy of such information.
Appears in 1 contract
Sources: Royalty Free License Agreement
Warranties and Limitation of Liability. Tetra represents that it has the right to grant the license herein and warrants the Images to be free from defects in material and workmanship for thirty (30) days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the CD-ROM or Image files, or refund of the purchase price, at the discretion of Tetra’s optionmanagement. TETRA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TETRA SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S ’S USE OF THE IMAGES/FOOTAGE, OR OTHERWISE, EVEN IF TETRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. TETRA’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S ’S USE OF OR INABILITY TO USE THE IMAGES/FOOTAGE (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE USE OF THE IMAGES/FOOTAGE. Licensee may have additional rights under state law. Although ▇▇▇▇▇ Tetra has attempted in all cases to correctly caption the subject matter of the Images, Tetra does not warrant the accuracy of such information.
Appears in 1 contract
Sources: End User License Agreement
Warranties and Limitation of Liability. Tetra PR represents that it has the right to grant the license herein and warrants the Images to be free from defects in material and workmanship for thirty (30) 30 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the CD-ROM or Image filesCD-‐ROM, image download or refund of the purchase price, at Tetra’s PR’S option. TETRA PR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TETRA PR SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE IMAGES/FOOTAGE, OR OTHERWISE, EVEN IF TETRA PR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. TETRAPR’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE IMAGES/FOOTAGE (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE USE OF THE IMAGES/FOOTAGE. Licensee may have additional rights under state law. Although ▇▇▇▇▇ has attempted in all cases to correctly caption the subject matter of the Images, Tetra does not warrant the accuracy of such information.
Appears in 1 contract
Warranties and Limitation of Liability. Tetra HS represents that it has the right to grant the license herein and warrants the Images to be free from defects in material and workmanship for thirty (30) 30 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the CD-ROM or Image files, or refund of the purchase price, image at Tetra’s DPN'S option. TETRA DPN MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TETRA DPN SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE IMAGES/FOOTAGE, OR OTHERWISE, EVEN IF TETRA DPN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. TETRA’S DPN'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE IMAGES/FOOTAGE (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE USE OF THE IMAGES/FOOTAGE. Licensee may have additional rights under state law. Although ▇▇▇▇▇ has attempted in all cases to correctly caption the subject matter of the Images, Tetra does not warrant the accuracy of such information.
Appears in 1 contract
Warranties and Limitation of Liability. Tetra HS represents that it has the right to grant the license herein and warrants the Images to be free from defects in material and workmanship for thirty (30) 30 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the CD-ROM or Image files, or refund of the purchase price, image at Tetra’s HS’S option. TETRA HS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TETRA HS SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE IMAGES/FOOTAGE, OR OTHERWISE, EVEN IF TETRA HS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. TETRAHS’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE IMAGES/FOOTAGE (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE USE OF THE IMAGES/FOOTAGE. Licensee may have additional rights under state law. Although ▇▇▇▇▇ has attempted in all cases to correctly caption the subject matter of the Images, Tetra does not warrant the accuracy of such information.
Appears in 1 contract