Common use of Warranties Disclaimer and Limitation of Liability Clause in Contracts

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.