Warranty and Limitation of Liability. 6.1. Licensee expressly acknowledges and agrees that: 6.1.1. LICENSED TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK; 6.1.2. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE; 6.1.3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. 6.2. IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT: 6.2.1. LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S REQUIREMENTS AND EXPECTATIONS; 6.2.2. LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIENCIES AND INTERRUPTIONS OR WORK ACCURATELY; 6.2.3. THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR 6.2.4. ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED. 6.3. LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARISING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OR (II) OTHERWISE Nutrient Low-Code Products 6.4. Licensor is not aware of any rights of third parties which oppose the utilization purposes of Licensee in relation to the Licensed Technology. Licensor is not liable, however, for the Licensed Technology and the licensed know-how being free of rights of third parties. 6.5. Nothing herein shall be construed as a warranty or representation that products made with Licensed Technology will meet any safety, performance or other standards, whether imposed by any instrumentality of government or otherwise. Licensor makes no representations or warranties of any kind, either express or implied, and assumes no responsibilities whatsoever with respect to manufacture or use by Licensee of products made with or derived from methods employed with Licensed Technology. 6.6. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS.
Appears in 2 contracts
Sources: User Evaluation License Agreement, User Evaluation License Agreement
Warranty and Limitation of Liability. 6.1. 6.1 Licensee expressly acknowledges and agrees that:
6.1.1. 6.1.1 LICENSED TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK;
6.1.2. 6.1.2 LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS CON- DITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITYMERCHANTABLEQUALITY, SATISFACTORY SATISFAC- TORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE;
6.1.3. 6.1.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENTAGREE- MENT.
6.2. 6.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT:
6.2.1. 6.2.1 LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S REQUIREMENTS AND EXPECTATIONS;
6.2.2. 6.2.2 LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIENCIES DEFICIEN- CIES AND INTERRUPTIONS OR WORK ACCURATELY;
6.2.3. 6.2.3 THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR
6.2.4. 6.2.4 ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED.
6.3. 6.3 LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECTIN- DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARISING ARIS- ING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OR (II) OTHERWISE Nutrient Low-Code Products
6.4. Licensor is not aware of any rights of third parties which oppose the utilization purposes of Licensee in relation to the Licensed Technology. Licensor is not liable, however, for the Licensed Technology and the licensed know-how being free of rights of third parties.
6.5. Nothing herein shall be construed as a warranty or representation that products made with Licensed Technology will meet any safety, performance or other standards, whether imposed by any instrumentality of government or otherwise. Licensor makes no representations or warranties of any kind, either express or implied, and assumes no responsibilities whatsoever with respect to manufacture or use by Licensee of products made with or derived from methods employed with Licensed Technology.
6.6. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS.OR
Appears in 2 contracts
Sources: User Evaluation License Agreement, User Evaluation License Agreement
Warranty and Limitation of Liability. 6.17.1. Licensee expressly acknowledges and agrees that:
6.1.17.1.1. LICENSED TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK;
6.1.27.1.2. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE;
6.1.3▇.▇.▇. NO ▇▇ ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
6.27.2. IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT:
6.2.17.2.1. LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S REQUIREMENTS AND EXPECTATIONS;
6.2.27.2.2. LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIENCIES AND INTERRUPTIONS OR WORK ACCURATELY;
6.2.37.2.3. THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR
6.2.47.2.4. ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED.
6.37.3. LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARISING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OR (II) OTHERWISE Nutrient Low-Code ProductsRESULTING FROM LICENSED TECHNOLOGY. FURTHER, LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DATA THAT IS READ, ACCESSED, STORED OR PROCESSED WITH THE LICENSED TECHNOLOGY, OR FOR THE COSTS OF RECOVERING ANY SUCH DATA.
6.47.4. Licensor is not aware of any rights of third parties which oppose the utilization purposes of Licensee in relation to the Licensed Technology. Licensor is not liable, however, for the Licensed Technology and the licensed know-how being free of rights of third parties.
6.57.5. The Licensed Technology uses a number of third-party libraries and technologies according to specific license agreements. These third party products and the appropriate licenses included are accessible via ▇▇▇▇▇://▇▇▇▇▇▇▇.▇▇▇▇▇▇▇.▇▇▇/hc/en-us/articles/115007611927-3rd-Party-Open-Source-Licenses.
7.6. Nothing herein shall be construed as a warranty or representation that products made with Licensed Technology will meet any safety, performance or other standards, whether imposed by any instrumentality of government or otherwise. Licensor makes no representations or warranties of any kind, either express or implied, and assumes no responsibilities whatsoever whatever with respect to manufacture or use by Licensee of products made with or derived from methods employed with Licensed Technology.
6.67.7. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS.
Appears in 1 contract
Sources: Evaluation License Agreement
Warranty and Limitation of Liability. 6.1. 6.1 Licensee expressly acknowledges and agrees that:
6.1.1. 6.1.1 LICENSED TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK;
6.1.2. 6.1.2 LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITYMERCHANTABLEQUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE;
6.1.3. 6.1.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
6.2. 6.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT:
6.2.1. 6.2.1 LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S REQUIREMENTS AND EXPECTATIONS;
6.2.2. 6.2.2 LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIENCIES AND INTERRUPTIONS OR WORK ACCURATELY;
6.2.3. 6.2.3 THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR
6.2.4. 6.2.4 ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED.
6.3. 6.3 LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARISING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OR (II) OTHERWISE Nutrient Low-Code ProductsRESULTING FROM LICENSED TECHNOLOGY. FURTHER, LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DATA THAT IS READ, ACCESSED, STORED OR PROCESSED WITH THE LICENSED TECHNOLOGY, OR FOR THE COSTS OF RECOVERING ANY SUCH DATA.
6.4. 6.4 Licensor is not aware of any rights of third parties which oppose the utilization purposes of Licensee in relation to the Licensed Technology. Licensor is not liable, however, for the Licensed Technology and the licensed know-how being free of rights of third parties.
6.56.5 Licensed Technology’s source code contains and uses source code developed and owned by third parties according to specific license agreements. These third party products and the appropriate licenses included are accessible via ▇▇▇▇▇://▇▇▇▇▇▇▇▇.▇▇▇/acknowledgements.
6.6 Nothing herein shall be construed as a warranty or representation that products made with Licensed Technology will meet any safety, performance or other standards, whether imposed by any instrumentality of government or otherwise. Licensor makes no representations or warranties of any kind, either express or implied, and assumes no responsibilities whatsoever whatever with respect to manufacture or use by Licensee of products made with or derived from methods employed with Licensed Technology.
6.6. 6.7 THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS.
Appears in 1 contract
Sources: User Evaluation License Agreement
Warranty and Limitation of Liability. 6.1. i. Licensee expressly acknowledges and agrees that:
6.1.1. a. LICENSED TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK;
6.1.2. b. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE;
6.1.3. c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
6.2ii. IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT:
6.2.1. a. LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S REQUIREMENTS AND EXPECTATIONS;
6.2.2. b. LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIENCIES AND INTERRUPTIONS OR WORK ACCURATELY;
6.2.3. c. THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR
6.2.4. d. ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED.
6.3iii. LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARISING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OR (II) OTHERWISE Nutrient Low-Code ProductsRESULTING FROM LICENSED TECHNOLOGY. FURTHER, LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DATA THAT IS READ, ACCESSED, STORED OR PROCESSED WITH THE LICENSED TECHNOLOGY, OR FOR THE COSTS OF RECOVERING ANY SUCH DATA.
6.4iv. Licensor is not aware of any rights of third parties which oppose the utilization purposes of Licensee in relation to the Licensed Technology. Licensor is not liable, however, for the Licensed Technology and the licensed know-how being free of rights of third parties.
6.5v. The Licensed Technology uses a number of third-party libraries and technologies according to specific license agreements. These third party products and the appropriate licenses included are accessible via ▇▇▇▇▇://▇▇▇▇▇▇▇.▇▇▇▇▇▇▇.▇▇▇/hc/en-us/articles/115007611927-3rd-Party-Open-Source-Licenses.
vi. Nothing herein shall be construed as a warranty or representation that products made with Licensed Technology will meet any safety, performance or other standards, whether imposed by any instrumentality of government or otherwise. Licensor makes no representations or warranties of any kind, either express or implied, and assumes no responsibilities whatsoever whatever with respect to manufacture or use by Licensee of products made with or derived from methods employed with Licensed Technology.
6.6vii. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS.
Appears in 1 contract
Sources: Evaluation License Agreement
Warranty and Limitation of Liability. 6.1. Licensee expressly acknowledges and agrees that:
6.1.1. LICENSED TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK;
6.1.2. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE;
6.1.3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
6.2. IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT:
6.2.1. LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S REQUIREMENTS AND EXPECTATIONS;
6.2.2. LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIENCIES AND INTERRUPTIONS OR WORK ACCURATELY;
6.2.3. THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR
6.2.4. ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED.
6.3. LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARISING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OR (II) OTHERWISE Nutrient Low-Code ProductsRESULTING FROM LICENSED TECHNOLOGY. FURTHER, LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DATA THAT IS READ, ACCESSED, STORED OR PROCESSED WITH THE LICENSED TECHNOLOGY, OR FOR THE COSTS OF RECOVERING ANY SUCH DATA.
6.4. Licensor is not aware of any rights of third parties which oppose the utilization purposes of Licensee in relation to the Licensed Technology. Licensor is not liable, however, for the Licensed Technology and the licensed know-how being free of rights of third parties.. Nutrient Workflow Products
6.5. Nothing herein shall be construed as a warranty or representation that products made with Licensed Technology will meet any safety, performance or other standards, whether imposed by any instrumentality of government or otherwise. Licensor makes no representations or warranties of any kind, either express or implied, and assumes no responsibilities whatsoever with respect to manufacture or use by Licensee of products made with or derived from methods employed with Licensed Technology.
6.6. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS.
Appears in 1 contract
Sources: User Evaluation License Agreement
Warranty and Limitation of Liability. 6.1. 7.1 Licensee expressly acknowledges and agrees that:
6.1.1. 7.1.1 LICENSED TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK;
6.1.2. 7.1.2 LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE;
6.1.3. 7.1.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
6.2. 7.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT:
6.2.1. 7.2.1 LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S LICENSEES REQUIREMENTS AND EXPECTATIONS;
6.2.2. 7.2.2 LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIENCIES AND INTERRUPTIONS OR WORK ACCURATELY;
6.2.3. 7.2.3 THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR
6.2.4. 7.2.4 ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED.
6.3. 7.3 LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARISING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OR (II) OTHERWISE Nutrient Low-Code ProductsRESULTING FROM LICENSED TECHNOLOGY. FURTHER, LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DATA THAT IS READ, ACCESSED, STORED OR PROCESSED WITH THE LICENSED TECHNOLOGY, OR FOR THE COSTS OF RECOVERING ANY SUCH DATA.
6.4. 7.4 Licensor is not aware of any rights of third parties which oppose the utilization purposes of Licensee in relation to the Licensed Technology, except the necessity of purchasing appropriate licenses of the "iOS SDK" software from Apple Inc. or "Android SDK" software from Google Inc. as described in Section 3.1. Licensor is not liable, however, for the Licensed Technology and the licensed know-how being free of rights of third parties.
6.57.5 Licensed Technology’s source code contains and uses source code developed and owned by third parties according to specific license agreements. These third party products and the appropriate licenses included may be accessed via ▇▇▇▇://▇▇▇▇▇▇▇.▇▇/acknowledgements/. In order to fulfill the various open source licenses included in these license agreements Licensee is obliged to make available the information regarding third party products and the appropriate licenses included which is accessible via ▇▇▇▇://▇▇▇▇▇▇▇.▇▇/acknowledgements/ to Licensee's end users by including it into Licensee's end user license agreements.
7.6 Nothing herein shall be construed as a warranty or representation that products made with Licensed Technology will meet any safety, performance or other standards, whether imposed by any instrumentality of government or otherwise. Licensor makes no representations or warranties of any kind, either express or implied, and assumes no responsibilities whatsoever whatever with respect to manufacture manufacture, use, sale, or use other disposition by Licensee of products made with or derived from methods employed with Licensed Technology.
6.6. 7.7 THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS.
Appears in 1 contract
Sources: User License Agreement
Warranty and Limitation of Liability. 6.1. 6.1 Licensee expressly acknowledges and agrees that:
6.1.1. 6.1.1 LICENSED TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK;
6.1.2. 6.1.2 LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE;
6.1.3. 6.1.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
6.2. 6.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT:
6.2.1. 6.2.1 LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S LICENSEES REQUIREMENTS AND EXPECTATIONS;
6.2.2. 6.2.2 LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIENCIES AND INTERRUPTIONS OR WORK ACCURATELY;
6.2.3. 6.2.3 THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR
6.2.4. 6.2.4 ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED.
6.3. 6.3 LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARISING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OR (II) OTHERWISE Nutrient Low-Code ProductsRESULTING FROM LICENSED TECHNOLOGY. FURTHER, LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DATA THAT IS READ, ACCESSED, STORED OR PROCESSED WITH THE LICENSED TECHNOLOGY, OR FOR THE COSTS OF RECOVERING ANY SUCH DATA.
6.4. 6.4 Licensor is not aware of any rights of third parties which oppose the utilization purposes of Licensee in relation to the Licensed Technology, except the necessity of purchasing appropriate licenses of the "iOS SDK" software from Apple Inc. or "Android SDK" software from Google Inc. as described in Section 3.1. Licensor is not liable, however, for the Licensed Technology and the licensed know-how being free of rights of third parties.
6.56.5 Licensed Technology’s source code contains and uses source code developed and owned by third parties according to specific license agreements. These third party products and the appropriate licenses included may be accessed via ▇▇▇▇://▇▇▇▇▇▇▇.▇▇/acknowledgements/.
6.6 Nothing herein shall be construed as a warranty or representation that products made with Licensed Technology will meet any safety, performance or other standards, whether imposed by any instrumentality of government or otherwise. Licensor makes no representations or warranties of any kind, either express or implied, and assumes no responsibilities whatsoever whatever with respect to manufacture or use by Licensee of products made with or derived from methods employed with Licensed Technology.
6.6. 6.7 THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS.
Appears in 1 contract
Warranty and Limitation of Liability. 6.17.1. Licensee expressly acknowledges and agrees that:
6.1.17.1.1. LICENSED TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK;
6.1.27.1.2. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE;
6.1.37.1.3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
6.27.2. IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT:
6.2.17.2.1. LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S REQUIREMENTS AND EXPECTATIONS;
6.2.27.2.2. LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIENCIES AND INTERRUPTIONS OR WORK ACCURATELY;
6.2.37.2.3. THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR
6.2.47.2.4. ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED.
6.37.3. LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (Ii) ARISING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OR (IIii) OTHERWISE Nutrient Low-Code ProductsRESULTING FROM LICENSED TECHNOLOGY. FURTHER, LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DATA THAT IS READ, ACCESSED, STORED OR PROCESSED WITH THE LICENSED TECHNOLOGY, OR FOR THE COSTS OF RECOVERING ANY SUCH DATA.
6.47.4. Licensor is not aware of any rights of third parties which oppose the utilization purposes of Licensee in relation to the Licensed Technology. Licensor is not liable, however, for the Licensed Technology and the licensed know-how being free of rights of third parties.
6.57.5. The Licensed Technology uses a number of third-party libraries and technologies according to specific license agreements (“Acknowledgments”) which ship within the ▇▇▇▇▇▇▇▇▇.▇▇▇ Products.
7.6. Nothing herein shall be construed as a warranty or representation that products made with Licensed Technology will meet any safety, performance or other standards, whether imposed by any instrumentality of government or otherwise. Licensor makes no representations or warranties of any kind, either express or implied, and assumes no responsibilities whatsoever with respect to manufacture or use by Licensee of products made with or derived from methods employed with Licensed Technology.
6.67.7. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS.
Appears in 1 contract
Sources: Evaluation License Agreement
Warranty and Limitation of Liability. 6.1. Licensee expressly acknowledges and agrees that:
6.1.1. LICENSED TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK;
6.1.2. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE;
6.1.3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
6.2. IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT:
6.2.1. LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S REQUIREMENTS AND EXPECTATIONS;
6.2.2. LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIENCIES AND INTERRUPTIONS OR WORK ACCURATELY;
6.2.3. THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR
6.2.4. ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED.
6.3. LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARISING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OR (II) OTHERWISE Nutrient Low-Code ProductsSoftware Development Kits
6.4. Licensor is not aware of any rights of third parties which oppose the utilization purposes of Licensee in relation to the Licensed Technology. Licensor is not liable, however, for the Licensed Technology and the licensed know-how being free of rights of third parties.
6.5. The Licensed Technology uses a number of third-party libraries and technologies according to specific license agreements (“Acknowledgments”) which ship within the Nutrient Products.. A list of third-party acknowledgements is available at ▇▇▇▇▇://▇▇▇▇▇▇▇▇.▇▇/acknowledgements. In the case of Nutrient .NET SDK and Nutrient DocuVieware, Acknowledgements are provided by means of a text file within the relevant installer package.
6.6. Nothing herein shall be construed as a warranty or representation that products made with Licensed Technology will meet any safety, performance or other standards, whether imposed by any instrumentality of government or otherwise. Licensor makes no representations or warranties of any kind, either express or implied, and assumes no responsibilities whatsoever with respect to manufacture or use by Licensee of products made with or derived from methods employed with Licensed Technology.
6.66.7. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS.
Appears in 1 contract
Sources: User Evaluation License Agreement
Warranty and Limitation of Liability. 6.1. 6.1 Licensee expressly acknowledges and agrees that:
6.1.1. 6.1.1 LICENSED TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK;
6.1.2. 6.1.2 LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE;
6.1.3. 6.1.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
6.2. 6.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT:
6.2.1. 6.2.1 LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S LICENSEES REQUIREMENTS AND EXPECTATIONS;
6.2.2. 6.2.2 LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIENCIES AND INTERRUPTIONS OR WORK ACCURATELY;
6.2.3. 6.2.3 THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR
6.2.4. 6.2.4 ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED.
6.3. 6.3 LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARISING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OR (II) OTHERWISE Nutrient Low-Code ProductsRESULTING FROM LICENSED TECHNOLOGY. FURTHER, LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DATA THAT IS READ, ACCESSED, STORED OR PROCESSED WITH THE LICENSED TECHNOLOGY, OR FOR THE COSTS OF RECOVERING ANY SUCH DATA.
6.4. 6.4 Licensor is not aware of any rights of third parties which oppose the utilization purposes of Licensee in relation to the Licensed Technology, except the necessity of purchasing appropriate licenses of the "iOS SDK" software from Apple Inc. or "Android SDK" software from Google Inc. as described in Section
3.1. Licensor is not liable, however, for the Licensed Technology and the licensed know-how being free of rights of third parties.
6.56.5 Licensed Technology’s source code contains and uses source code developed and owned by third parties according to specific license agreements. These third party products and the appropriate licenses included may be accessed via ▇▇▇▇://▇▇▇▇▇▇▇.▇▇/acknowledgements/.
6.6 Nothing herein shall be construed as a warranty or representation that products made with Licensed Technology will meet any safety, performance or other standards, whether imposed by any instrumentality of government or otherwise. Licensor makes no representations or warranties of any kind, either express or implied, and assumes no responsibilities whatsoever whatever with respect to manufacture or use by Licensee of products made with or derived from methods employed with Licensed Technology.
6.6. 6.7 THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS.
Appears in 1 contract
Sources: User Evaluation License Agreement
Warranty and Limitation of Liability. 6.1. Licensee expressly acknowledges and agrees that:
6.1.1. LICENSED TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK;
6.1.2. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE;
6.1.3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
6.2. IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT:
6.2.1. LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S REQUIREMENTS AND EXPECTATIONS;
6.2.2. LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIENCIES AND INTERRUPTIONS OR WORK ACCURATELY;
6.2.3. THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR
6.2.4. ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED.
6.3. LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARISING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OR (II) OTHERWISE Nutrient Low-Code ProductsRESULTING FROM LICENSED TECHNOLOGY. FURTHER, LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DATA THAT IS READ, ACCESSED, STORED OR PROCESSED WITH THE LICENSED TECHNOLOGY, OR FOR THE COSTS OF RECOVERING ANY SUCH DATA.
6.4. Licensor is not aware of any rights of third parties which oppose the utilization purposes of Licensee in relation to the Licensed Technology. Licensor is not liable, however, for the Licensed Technology and the licensed know-how being free of rights of third parties.
6.5. Licensed Technology’s source code contains and uses source code developed and owned by third parties according to specific license agreements. These third party products and the appropriate licenses included are accessible via: ▇▇▇▇▇://▇▇▇▇▇▇▇▇.▇▇▇/acknowledgements.
6.6. Nothing herein shall be construed as a warranty or representation that products made with Licensed Technology will meet any safety, performance or other standards, whether imposed by any instrumentality of government or otherwise. Licensor makes no representations or warranties of any kind, either express or implied, and assumes no responsibilities whatsoever with respect to manufacture or use by Licensee of products made with or derived from methods employed with Licensed Technology.no
6.66.7. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS.
Appears in 1 contract
Sources: Evaluation License Agreement
Warranty and Limitation of Liability. 6.15.1. Licensee expressly acknowledges and agrees that:
6.1.1. LICENSED TECHNOLOGY IS PROVIDED ON AN "OTHER THAN AS IS" AND "AS AVAILABLE" BASIS AND THE USE EXPRESSLY SET FORTH HEREIN, 77 VISIONS MAKES NO REPRESENTATION OR WARRANTY OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK;
6.1.2. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIESANY KIND, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, REGARDING (I) THE LICENSED MATERIAL, (II) CAPTION INFORMATION ACCOMPANYING LICENSED MATERIAL, (III) THIRD-PARTY DIGITAL DELIVERY SYSTEMS, (IV) THE AVAILABILITY OR USEOPERATION OF THE DIGITAL ARCHIVE WHETHER ACCESSED VIA THE INTERNET OR OTHERWISE OR (V) THE AVAILABILTY OR OPERATION OF EQUIPMENT, SOFTWARE OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE;
6.1.3SERVICE PROVIDED BY THIRD PARTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
6.2. IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT:
6.2.1. LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S REQUIREMENTS AND EXPECTATIONS;
6.2.2. LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIENCIES AND INTERRUPTIONS OR WORK ACCURATELY;
6.2.3. THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR
6.2.4. ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED.
6.3. LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR 77 VISIONS SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECTGENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOST PROFITS OR OTHER INTANGIBLE LOSSES (DAMAGES ARISING OUT OF THIS AGREEMENT, EVEN IF LICENSOR 77 VISIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARISING OUT . SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OR (II) OTHERWISE Nutrient Low-Code Products
6.4. Licensor is not aware of any rights of third parties which oppose the utilization purposes of Licensee in relation to the Licensed Technology. Licensor is not liable, however, for the Licensed Technology and the licensed know-how being free of rights of third partiesLIABILITY FOR CERTAIN CATEGORIES OF DAMAGES.
6.5. Nothing herein shall be construed as a warranty or representation that products made with Licensed Technology will meet any safety, performance or other standards, whether imposed by any instrumentality of government or otherwise. Licensor makes no representations or warranties of any kind, either express or implied, and assumes no responsibilities whatsoever with respect to manufacture or use by Licensee of products made with or derived from methods employed with Licensed Technology.
6.65.2. THE FOREGOING LIMITATIONS, EXCLUSIONS REPRESENTATIONS AND DISCLAIMERS SHALL WARRANTIES MADE BY 77 VISIONS IN THIS AGREEMENT APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED LICENSED MATERIAL AS DELIVERED BY APPLICABLE LAWS 77 VISIONS AND REGULATIONSWILL BE INVALID IF THE LICENSED MATERIAL IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT.
Appears in 1 contract
Sources: License Agreement
Warranty and Limitation of Liability. 6.1. Licensee expressly acknowledges and agrees that5.1 IQ CLASH WARRANTS THAT IT HAS USED AND WILL USE REASONABLE EFFORTS TO ENSURE THAT:
6.1.1. LICENSED TECHNOLOGY 5.1.1 IT IS ENTITLED TO GRANT THE RIGHTS AND LICENCES GRANTED HEREUNDER; AND
5.1.2 THE GAMES (INCLUDING WITHOUT LIMITATION ANY VIRTUAL ITEMS THEREIN) WILL BE OF SATISFACTORY QUALITY.
5.2 EXCEPT AS SPECIFICALLY PROVIDED IN THIS ▇▇▇▇ AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:
5.2.1 THE GAMES (INCLUDING WITHOUT LIMITATION VIRTUAL ITEMS THEREIN), ARE PROVIDED ON AN "AS IS" AND "“AS AVAILABLE" ” BASIS AND THE USE WITHOUT WARRANTY OR GUARANTEE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK;
6.1.2. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS WHETHER ANY KIND (EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE) OTHER THAN THOSE SET OUT IN THIS ▇▇▇▇;
6.1.3. NO ADVICE 5.2.2 IQ CLASH ONLY ACCEPTS LIABILITY FOR DIRECT LOSS AS A RESULT OF ITS BREACH OF ITS WARRANTIES IN CLAUSE 5.1 ABOVE UNLESS OTHERWISE SET OUT IN THIS ▇▇▇▇;
5.2.3 IQ CLASH AND ITS LICENSORS’ MAXIMUM LIABILITY WILL BE LIMITED TO €100;
5.2.4 IQ CLASH AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL OR INFORMATION, WHETHER ORAL INDIRECT LOSS OR WRITTEN, OBTAINED DAMAGE (SAVE TO THE EXTENT THAT DAMAGE TO YOUR DEVICE OR OTHER DIGITAL CONTENT WHICH YOU OWN IS CAUSED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED GAMES AS A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL IN THIS AGREEMENT.
6.2. IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT:
6.2.1. LICENSED TECHNOLOGY WHICH CASE YOU MAY BE ENTITLED TO COMPENSATION OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S REQUIREMENTS AND EXPECTATIONSWE MAY BE OBLIGED TO REPAIR YOUR DEVICE);
6.2.2. LICENSED TECHNOLOGY 5.2.5 IQ CLASH DOES NOT GUARANTEE THAT THE OPERATION OF THE GAMES WILL BE UNINTERRUPTED, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE OF DEFICIENCIES AND INTERRUPTIONS OR WORK ACCURATELY;
6.2.3. THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR
6.2.4. ANY DEFICIENCIES AND THAT ERRORS IN LICENSED TECHNOLOGY CAN OR WILL BE CORRECTED, OR THAT THE GAMES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND
5.2.6 YOUR INSTALLATION AND USE OF THE GAMES AND VIRTUAL ITEMS IS AT YOUR OWN RISK.
6.3. LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR 5.3 THIS ▇▇▇▇ SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE LIABLE EXCLUDED OR LIMITED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY LIABILITY FOR ANY DIRECTFRAUD, INDIRECTFRUADULENT MISREPRESENTATION, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA DEATH OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARISING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OR (II) OTHERWISE Nutrient Low-Code Products
6.4. Licensor is not aware of any rights of third parties which oppose the utilization purposes of Licensee in relation to the Licensed Technology. Licensor is not liable, however, for the Licensed Technology and the licensed know-how being free of rights of third partiesPERSONAL INJURY CAUSED BY IQ CLASH’S NEGLIGENCE.
6.5. Nothing herein shall be construed as a warranty or representation that products made with Licensed Technology will meet any safety, performance or other standards, whether imposed by any instrumentality of government or otherwise. Licensor makes no representations or warranties of any kind, either express or implied, and assumes no responsibilities whatsoever with respect to manufacture or use by Licensee of products made with or derived from methods employed with Licensed Technology.
6.6. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS.
Appears in 1 contract
Sources: End User License Agreement
Warranty and Limitation of Liability. 6.1. 6.1 Licensee expressly acknowledges and agrees that:
6.1.1. 6.1.1 LICENSED TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK;
6.1.2. 6.1.2 LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS CON- DITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITYMERCHANTABLEQUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE PUR- POSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE;
6.1.3. 6.1.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENTAGREE- MENT.
6.2. 6.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT:
6.2.1. 6.2.1 LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S LICENSEES REQUIREMENTS AND EXPECTATIONS;
6.2.2. 6.2.2 LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIENCIES DEFICIEN- CIES AND INTERRUPTIONS OR WORK ACCURATELY;
6.2.3. 6.2.3 THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR
6.2.4. 6.2.4 ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED.
6.3. 6.3 LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECTIN- DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARISING ARIS- ING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OR (II) OTHERWISE Nutrient Low-Code Products
6.4. Licensor is not aware of any rights of third parties which oppose the utilization purposes of Licensee in relation to the Licensed Technology. Licensor is not liable, however, for the Licensed Technology and the licensed know-how being free of rights of third parties.
6.5. Nothing herein shall be construed as a warranty or representation that products made with Licensed Technology will meet any safety, performance or other standards, whether imposed by any instrumentality of government or otherwise. Licensor makes no representations or warranties of any kind, either express or implied, and assumes no responsibilities whatsoever with respect to manufacture or use by Licensee of products made with or derived from methods employed with Licensed Technology.
6.6. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS.OR
Appears in 1 contract
Sources: User Evaluation License Agreement
Warranty and Limitation of Liability. 6.1. 7.1 Licensee expressly acknowledges and agrees that:
6.1.1. 7.1.1 LICENSED TECHNOLOGY IS PROVIDED ON AN "„AS IS" “ AND "„AS AVAILABLE" “ BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S LICENSEE‘S SOLE RISK;
6.1.2. 7.1.2 LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS REPRE- SENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE MERCHANTAB- LE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE;
6.1.3. 7.1.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
6.2. 7.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT:
6.2.1. 7.2.1 LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S LICENSEES REQUIREMENTS AND EXPECTATIONS;
6.2.2. 7.2.2 LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIENCIES AND INTERRUPTIONS OR WORK ACCURATELY;
6.2.3. 7.2.3 THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALSMA- NUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR
6.2.4. 7.2.4 ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED.
6.3. 7.3 LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT EX- TENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARISING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OR (II) OTHERWISE Nutrient Low-Code ProductsRESULTING FROM LICENSED TECHNOLOGY. FURTHER, LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DATA THAT IS READ, ACCESSED, STORED OR PROCESSED WITH THE LICENSED TECHNOLOGY, OR FOR THE COSTS OF RECOVERING ANY SUCH DATA.
6.4. 7.4 Licensor is not aware of any rights of third parties which oppose the utilization purposes of Licensee in relation to the Licensed Technology, except the necessity of purchasing appropriate licenses of the „iOS SDK“ software from Apple Inc. or „Android SDK“ soft- ▇▇▇▇ from Google Inc. as described in Section 3.1. Licensor is not liable, however, for the Licensed Technology and the licensed know-how being free of rights of third parties.
6.57.5 Licensed Technology’s source code contains and uses source code developed and owned by third parties according to specific license agreements. These third party pro- ducts and the appropriate licenses included may be accessed via ▇▇▇▇://▇▇▇▇▇▇▇.▇▇/ack- nowledgements/. In order to fulfill the various open source licenses included in these license agreements Licensee is obliged to make available the information regarding third party products and the appropriate licenses included which is accessible via http:// ▇▇▇▇▇▇▇.▇▇/▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇/ to Licensee‘s end users by including it into Licensee‘s end user license agreements.
7.6 Nothing herein shall be construed as a warranty or representation that products made with Licensed Technology will meet any safety, performance or other standards, whether imposed by any instrumentality of government or otherwise. Licensor makes no representations repre- sentations or warranties of any kind, either express or implied, and assumes no responsibilities whatsoever responsi- bilities whatever with respect to manufacture manufacture, use, sale, or use other disposition by Licensee of products made with or derived from methods employed with Licensed Technology.
6.6. 7.7 THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS.
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Sources: User License Agreement