Warranties Disclaimer and Limitation of Liability Clause Samples
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Warranties Disclaimer and Limitation of Liability.
(a) Limited Warranties 1) Transoft warrants that the Software will perform substantially in accordance with the accompanying written material. This warranty applies for a period of fourteen (14) days for License terms of less than three months, and thirty (30) days for all other License terms, from the date You receive the Software. If the Software does not perform substantially in accordance with the accompanying written material, You may within such 14 day or 30-day period, as the case may be, return the Software together with the accompanying material and proof of purchase (at Your expense) to Transoft for replacement or a full refund of the amounts You paid for the Software (in the currency You used to purchase the applicable License Type). This limited warranty is void if failure of the Software has resulted from abuse, accident, or misapplication on the part of You, any Authorized Users or others for whom You are responsible. Transoft will not be responsible for user error. If Transoft elects to provide a refund rather than replacement then as a condition of the refund to You, You must permanently uninstall and otherwise delete any set up files or copies of the Software, or any parts thereof, from any Computer Devices or any storage media on which You have installed or saved (or permitted to be installed or saved) any set up files or copies of the Software, or any parts thereof, and return satisfactory proof of deletion and all documentation to Transoft.
Warranties Disclaimer and Limitation of Liability. 5.1 EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, BARBOOKS™ IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
5.2 OSB’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIM FOR DAMAGES UNDER ANY LEGAL THEORY WILL BE A PRORATED REFUND OF THE LICENSE FEE FOR THE PERIOD DURING WHICH THE EVENT COMPLAINED OF OCCURRED OR, AT OSB’S DISCRETION, AN EXTENSION OF YOUR LICENSE TERM FOR A SPECIFIED PERIOD, WITHOUT COST.
5.3 OSB neither represents nor warrants that BARBOOKS™ is accurate, correct, or error-free, or that it will meet your requirements. BARBOOKS™ is intended only as a starting point in your legal research and the accompanying forms are only a starting point in developing an appropriate document to use in a particular matter. You agree that you must exercise independent professional judgment in conducting legal research or in modifying and using any form in a specific client matter.
5.4 OSB shall not be liable in damages nor shall you have the right to terminate this Agreement for any delay or default in performing hereunder that is caused by conditions beyond OSB’s reasonable control, including, but not limited to, acts of nature, government restrictions, loss or cancellation of any license, war, insurrection, or any other such cause.
Warranties Disclaimer and Limitation of Liability. 8.1 Each Party represents and warrants to the other Party that (i) it has the power and authority to enter into and perform its obligations under this Agreement, (ii) this Agreement, when executed, shall become the legal, valid and binding obligation of such Party (iii) the person or persons executing this Agreement on behalf of such Party has the full right, power and authority to do so on such Party’s behalf and (iv) no consent from any other person or entity (including, without limitation, Authorizations) is required as a condition precedent to such Party entering into or performing its obligations under this Agreement.
8.2 VSSI warrants that the Services it provides (i) shall comply with applicable Service Standards set out in Service Schedules, and (ii) that such Services and the authorized use thereof do not infringe, misappropriate or misuse any third party intellectual property or other rights. EXCEPT FOR THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT, VSSI MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR WITH RESPECT TO TRANSMISSION, EQUIPMENT OR SERVICE PROVIDED HEREUNDER. VSSI DOES NOT MONITOR AND DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR THE CONTENT OF ANY COMMUNICATION TRANSMITTED VIA AN APPLICABLE SERVICE AND DISCLAIMS LIABILITY AND RESPONSIBILITY FOR UNAUTHORIZED USE OR MISUSE OF ANY APPLICABLE SERVICE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF ANTICIPATED SAVINGS, LOSS OF CUSTOMERS, INTERFERENCE WITH BUSINESS OR COST OF PURCHASING REPLACEMENT SERVICES) ARISING OUT OF THE PERFORMANCE OR FAILURE TO PERFORM UNDER THE TERMS OF THIS AGREEMENT OR THE PROVISION OF SERVICES, WHETHER OR NOT CAUSED BY THE ACTS OR OMISSIONS OR NEGLIGENCE OF SUCH PARTY’S EMPLOYEES OR AGENTS, REGARDLESS OF THE FORESEEABILITY THEREOF AND REGARDLESS OF WHETHER SUCH PARTY HAS BEEN INFORMED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
8.3 HTSC shall be solely responsible for solicitation, service requests, creditworthiness, customer service, billing and collection of its End Users. HTSC remains responsible for comp...
Warranties Disclaimer and Limitation of Liability. NSBA warrants that in providing the Licensed Materials, it has not and will not knowingly infringe on any copyright or other proprietary or intellectual property rights of others. NSBA represents that it has good faith belief that it is entitled to grant the licenses to which this Agreement applies. NSBA makes no other representations or warranties of any kind, express or implied to the Licensee or Authorized Users. NSBA has made, and will continue to make, good faith efforts to assure that the Licensed Materials are accurate and complete, but it does not warrant the completeness, merchantability or fitness for a particular purpose, quality, accuracy, originality, suitability, searchability, operation or performance of the Web Site or the Licensed Material. NSBA disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from the Web Site or the Licensed Material, including, but not limited to, technical inaccuracies and typographical errors, the unavailability of the Web Site or the Licensed Materials, the transmission of viruses, worms, time bombs, logic bombs or other such computer programs, or Licensee’s use of the Web Site or the Licensed Materials, even if NSBA is advised of or aware of the possibility of such damages. In no event shall NSBA be liable for any indirect, special, incidental, punitive or consequential damages, including, but not limited to loss of data, business interruption or loss of profits arising out of the use of or inability to use the Licensed Materials. In no event shall NSBA’s total aggregate liability for any losses, injuries, claims, liabilities or damages arising out of or relating to this Agreement exceed the licensing fee paid by Licensee to NSBA during the Term in which such cause of action occurred. NSBA will make reasonable efforts to assure that its vendor will provide continuous access to the Licensed Materials and correct any performance problem brought to its attention, but NSBA will not be liable for any delay, interruption, down time, or other failure of performance. Likewise, NSBA will not be liable to Licensee for any loss or damage (incidental, consequential, punitive, or otherwise) arising out of the use of, or the inability to use, the Licensed Materials. The Licensee assumes sole responsibility for all use of the Licensed Materials and agrees to indemnify and hold the NSBA harmless from any claim, liability, or loss arising from their Unauthorized Use.
Warranties Disclaimer and Limitation of Liability. THE SOFTWARE AND ANY ASSOCIATED SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL. SAFENET EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTIES ARISING BY LAW, STATUTE, USAGE OF TRADE, AND COURSE OF DEALING OR OTHERWISE. SAFENET DOES NOT WARRANT THAT THE SOFTWARE AND/OR ASSOCIATED SERVICES WILL MEET LICENSE REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR THAT THE SOFTWARE WILL OPERATE ERROR-FREE. LICENSEE ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND/OR ASSOCIATED SERVICES. THE LIMITED WARRANTY, EXCLUSIVE REMEDIES AND LIMITED LIABILITY SET OUT HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LICENSEE AND SAFENET. LICENSEE ACKNOWLEDGES AND AGREES THAT SAFENET WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE AND ASSOCIATED SERVICES ON A COST EFFECTIVE, NO-FEE BASIS WITHOUT SUCH LIMITATIONS.
Warranties Disclaimer and Limitation of Liability. (a) Limited Warranties
Warranties Disclaimer and Limitation of Liability. 11.1 Our Warranties. We warrant that the Services shall perform materially in accordance with the User Guide. For any breach of such warranty, Your exclusive remedy shall be to terminate this Agreement and receive the return of Your Data in accordance with Section 13.5.
Warranties Disclaimer and Limitation of Liability. 3.1 The Contents are licensed by the Licensor “as is” and without any warranty of any kind, either express or implied, whether of title, of accuracy, of the presence of absence of errors, of fitness for purpose, or otherwise. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to You.
3.2 Subject to any liability that may not be excluded or limited by law, the Licensor is not liable for, and expressly excludes, all liability for loss or damage however and whenever caused to anyone by any use under this License, whether by You or by anyone else, and whether caused by any fault on the part of the Licensor or not. This exclusion of liability includes, but is not limited to, any special, incidental, consequential, punitive, or exemplary damages. This exclusion applies even if the Licensor has been advised of the possibility of such damages.
3.3 If liability may not be excluded by law, it is limited to actual and direct financial loss to the extent it is caused by proved negligence on the part of the Licensor.
Warranties Disclaimer and Limitation of Liability. (a) DIS warrants that it has all necessary rights, permissions and clearances to license the DIS Content to Subscriber for the purposes outlined in this Agreement, and that the use of the DIS Content in accordance with the terms of this Agreement shall not infringe the copyrights or other intellectual property rights of any third party. Subscriber shall promptly notify DIS in the event it becomes aware of any claims of infringement of such rights. DIS shall indemnify and hold harmless the Subscriber for any losses, claims, damages, awards, or penalties that it incurs (including reasonable attorneys’ fees) which arise from any third party claim for infringement of copyright or other intellectual property rights arising from the Subscriber’s or an Authorized User’s use or access to the DIS Content in accordance with the terms of this Agreement.
(b) Except as provided in this Section 5, the Website and the DIS Content are provided on an “as is” basis. DIS makes no representation or warranty, express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose, or the accuracy, reliability, timeliness, or completeness of any material or that the same is non-defamatory or otherwise lawful. The Subscriber and Authorized Users accessing the Website acknowledge that any reliance on or use of such material shall be at their sole risk. In no event shall DIS be liable for any indirect, incidental, reliance, special or consequential damages arising out of the use of or inability to use the Website. Except for infringement of copyright, the aggregate liability of DIS for damages or loss to the Subscriber shall not exceed the license fee paid by Subscriber under this Agreement.
Warranties Disclaimer and Limitation of Liability