Warranty and Liability Limitations Clause Samples
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Warranty and Liability Limitations. ▇▇▇▇.▇▇▇▇▇ DOES NOT MAKE AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ▇▇▇▇.▇▇▇▇▇ NOR ITS VENDORS WILL BE LIABLE FOR UNAUTHRIZED ACCESS TO ▇▇▇▇.▇▇▇▇▇’S OR CUSTOMER’S TRANSMISSION FACILITIES OR CPE OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF ▇▇▇▇.▇▇▇▇▇’S OR ITS VENDORS’ NEGLIGENCE. ANY CLAIM AGAINST ▇▇▇▇.▇▇▇▇▇ MUST BE MADE WITHIN ONE (1) YEAR OF THE EVENT OF THE CLAIM OR ONE YEAR FROM THE TERMINATION OF SERVICE WHICHEVER IS EARLIER AND ▇▇▇▇.▇▇▇▇▇ HAS NO LIABILITY THEREAFTER. ▇▇▇▇.▇▇▇▇▇’S LIABILITY IS LIMITED TO REPAIR OR REPLACEMENT. ▇▇▇▇.▇▇▇▇▇, IN ITS SOLE AND ABSOLUTE DISCRETION, MAY ELECT TO PROVIDE A REFUND OR CREDIT IN LIDUE OF, REPLACEMENT OR REPAIR. ALL WARRANTIES COVER ONLY DEFECTS ARISING UNDER NORMAL USE AND DO NOT INCLUDE MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN ▇▇▇▇.▇▇▇▇▇. IN NO EVENT SHALL ▇▇▇▇.▇▇▇▇▇’S TOTAL LIABILITY HEREUNDER EXCEED THE AMOUNTS PAID BY CUSTOMER TO ▇▇▇▇.▇▇▇▇▇ IN THE PRIOR TWELVE (12) MONTHS FROM DATE OF CLAIM.
Warranty and Liability Limitations. Provider makes no warranties, express or implied, including, but not limited to, and implied warranties of merchantability or fitness for a particular purpose. Neither Provider nor its vendors will be liable for unauthorized access to Provider’s or End-User’s transmission facilities or premise equipment or for unauthorized access to or alteration, theft or destruction of End-User’s data files, programs, procedures or information through accident, fraudulent means or devices, or and other method, regardless of whether such damage occurs as a result of Provider’s or its vendors’ negligence. Any claim against Provider must be made within 90 days of the event of the claim and Provider has no liability thereafter. Provider’s liability is limited to repair, replacement, credit or refund. Provider may elect to provide a refund in lieu of credit, replacement or repair. All warranties cover only defects arising under normal use and do not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, modification, improper installation, or repairs by anyone other than Provider. In no event shall Provider’s total liability hereunder exceed the amounts paid by the End-User to Provider in the prior twelve (12) months from the date of claim.
Warranty and Liability Limitations. Konica Minolta makes no warranties, express or implied, about the Services, including but not limited to implied warranties of merchantability or fitness for a particular purpose, and said warranties are expressly denied.
Warranty and Liability Limitations. INDEMNIFICATION
a. Limitation of Liability - TVC shall not be liable for any delay or failure to provide the Service, including 911 dialing, at any time or from time to time, or for any interruption or degradation of voice quality that is caused by any of the following:
i. act or omission of an underlying carrier, service provider, vendor or other third party;
ii. equipment, network or facility failure;
iii. equipment, network or facility upgrade or modification;
iv. force majeure events such as (but not limited to) acts of God; strikes; fire; war; riot; government actions;
v. equipment, network or facility shortage;
vi. equipment or facility relocation; vii. service, equipment, network or facility failure caused by the loss of power to Customer;
viii. outage of Customers or broadband service provider;
Warranty and Liability Limitations. EXCEPT AS PROVIDED IN THIS SECTION, ALL SERVICES AND ALL DEVELOPER SOFTWARE ARE DELIVERED WITHOUT WARRANTY OF ANY KIND (EXPRESS IMPLIED, OR STATUTORY) TO CLIENT OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHEIVE PURPOSE; 4) QUALITY; OR 5) ACCURACY. NO EMPLOYEE, CONSULTANT, AGENT OR OTHER REPRESENTATIVE OF DEVELOPER HAS AUTHORITY TO BIND DEVELOPER TO ANY ORAL REPRESENTATIONS OR WARRANTIES CONCERNING THE SERVICES OR THE DEVELOPER SOFTWARE.
Warranty and Liability Limitations. THE SERVICE SUPPLIER AND COMPANY ---------------------------------- DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SERVICE SUPPLIER WILL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO COMPANY'S OR END USER'S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF END USER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF SERVICE SUPPLIER'S NEGLIGENCE.
Warranty and Liability Limitations. EXCEPT AS SET FORTH HEREIN, NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OP MERCHANTABILTY AND FITNESS FOR A PARTICULAR PURPOSE, ARE MADE BY NEULION. IN NO EVENT WILL NEULION BE LIABLE TO LICENSEE OR ANY OTHER PARTY FOR ANY LOSS, INCLUDING TIME. MONEY, GOODWILL, LOST PROFITS AND CONSEQUENTIAL DAMAGES BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, WHICH MAY ARISE HEREUNDER OR FROM THE USE, OPERATION OR MODIF1CATION OF THE LICENSED PROGRAMS.
Warranty and Liability Limitations. Customer does not warrant that the BBN Planet Services will be available on a specified date or time or that the Network will have the capacity to meet the demand of End User or its End Users during specific hours. Neither Customer nor its Network Services Supplier will be liable for any damage that End User or its End Users may suffer arising out of use, or inability to use, the services or products provided hereunder. Neither Customer nor its Network Services Supplier will be liable for unauthorized access to Customer's transmission facilities or premise equipment or for unauthorized access to or alteration, theft or destruction of End User's data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of Customer's or its Network Service Supplier's negligence. IN NO EVENT WILL CUSTOMER OR ITS NETWORK SERVICES SUPPLIERS BE LIABLE FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR FOR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF BBN PLANET SERVICES TO ACCESS THE NETWORK.
Warranty and Liability Limitations. All Covered makes no warranties, express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose and said warranties are expressly denied.
Warranty and Liability Limitations. EXCEPT AS SET FORTH ABOVE, NO WARRANTY, CONDITION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE LICENCED PROGRAM(S) AND SERVICES PROVIDED UNDER ANY ORDER FORM(S) ATTACHED TO THIS AGREEMENT OR AS TO ANY CUSTOMISATION OF HARDWARE OR SOFTWARE IS GIVEN OR ASSUMED BY FIRSTWAVE AND ALL SUCH WARRANTIES, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. FIRSTWAVE DOES NOT WARRANT THAT THE LICENCED PROGRAM(S), IN CONJUNCTION WITH ANY SERVICES PROVIDED UNDER ANY ORDER FORM(S) ATTACHED TO THIS AGREEMENT WILL OPERATE TO SOLVE ANY GENERAL OR SPECIFIC CUSTOMER PROBLEM, OR MEET ANY GENERAL OR SPECIFIC CUSTOMER NEED. This Licence Agreement and all Order Forms, addendum's, attachments, amendments, modifications, alterations, supplements and schedules hereto shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the Courts of England.