WARRANTIES AND LIMITATIONS OF LIABILITIES. COMPANY MAKES NO WARRANTY, EXPRESSED OR IMPLIED, AS TO RESULTS TO BE OBTAINED BY CLIENT OR OTHERS FROM THE USE OF THE LICENSED PRODUCT OR THE SERVICES, OR THE EQUIPMENT BY WHICH THE SERVICES ARE PROVIDED, AND THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF USE. Company, its officers, employees, suppliers, and it’s third-party agents shall have no responsibility or liability, contingent or otherwise, for any injury or damages, whether caused by the negligence of Company, its employees, sub-contractors, agents, equipment vendors or otherwise, arising in connection with the Services rendered under this agreement, or in the use or installation of the Authorized Equipment and the Company shall not be liable for any lost profits, losses, punitive, incidental, or consequential damages or any claim against Client by any other party. The Company shall have no liability or responsibility for any injuries or damages caused by the Authorized Equipment or by delays or interruptions of the Services, from whatever cause, and shall not be liable for damages arising from the use or presence of the Authorized Equipment on Client’s premises. Client further agrees that the Company is not responsible for any fault, inaccuracy, omission, delay or any other failure in the Services caused by the Client’s hardware, software, cabling, network services (“Client’s Equipment”), or arising from Client’s use of the Services in connection with such equipment. Client shall indemnify Company and hold it harmless and at Client’s expense, defend the Company against any loss, claim, demand, or expense (including reasonable attorneys’ fees) arising in connection with the use of the Services by Client. To the extent permitted by law, Client agrees that the liability of the Company for damages, regardless of the form of the action, shall not exceed the fees payable by Client for the Services for a period of six months, and that this shall be Client’s exclusive remedy. Company shall not be liable to Client for any default resulting from force majeure, which shall be deemed to include any circumstances beyond the reasonable control of the Company or Client. No action, regardless of form, arising out of or pertaining to any of the Services or the Equipment may be brought by Client more than one (1) year after the cause of action has accrued.
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WARRANTIES AND LIMITATIONS OF LIABILITIES. COMPANY 5.1. OUTERNETS MAKES NO WARRANTY, EXPRESSED OR IMPLIED, AS TO RESULTS TO BE OBTAINED BY CLIENT YOU OR OTHERS FROM THE USE OF THE LICENSED PRODUCT OR THE SERVICES, OR THE OUTERNETS EQUIPMENT BY WHICH THE SERVICES ARE PROVIDED, AND THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANT ABILITY MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF USE. CompanyOUTERNETS DOES NOT GUARANTEE THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT OUTERNETS WILL CORRECT ALL SERVICES ERRORS. YOU ACKNOWLEDGE THAT OUTERNETS DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. OUTERNETS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. Outernets, its officers, employees, suppliers, and it’s its third-party agents shall have no responsibility or liability, contingent or otherwise, for any injury or damages, whether caused by the negligence of CompanyOuternets, its employees, sub-contractors, agents, equipment vendors or otherwise, arising in connection with the Services rendered under this agreement, or in the use or installation of the Authorized Outernets Equipment and the Company Outernets shall not be liable for any lost profits, losses, punitive, incidental, or consequential damages or any claim against Client you by any other party. The Company Outernets shall have no liability or responsibility for any injuries or damages caused by the Authorized Outernets Equipment or Outernets Programs, or by delays or interruptions of the Services, from whatever cause, and shall not be liable for damages arising from the use or presence of the Authorized Outernets Equipment on Client’s your premises. Client You further agrees agree that the Company Outernets is not responsible for any fault, inaccuracy, omission, delay or any other failure in the Services caused by the Client’s your hardware, software, cabling, network services (“Client’s Your Equipment”), or arising from Client’s your use of the Services in connection with such equipment. Client You shall indemnify Company Outernets and hold it harmless and at Client’s your expense, defend the Company Outernets against any loss, claim, demand, or expense (including reasonable attorneys’ fees) arising in connection with the your use of the Services by ClientServices. To the extent permitted by law, Client agrees you agree that the liability of the Company Outernets for damages, regardless of the form of the action, shall not exceed the fees payable by Client you for the Services for a period of six twelve (12) months, and that this shall be Client’s your exclusive remedy. Company shall not be liable to Client for any default resulting from force majeure, which Any damage in your favor against Outernets shall be deemed to include reduced by any circumstances beyond refund or credit received by you under the reasonable control agreement and any such refund and credit shall apply towards the limitation of the Company or Clientliability. No action, regardless of form, arising out of or pertaining to any of the Services or the Equipment may be brought by Client you more than one (1) year after the cause of action has accrued.
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Sources: Service Agreement