Common use of Warranty and Limitations on Liability Clause in Contracts

Warranty and Limitations on Liability. RM warrants that the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. Any implied warranties on the SOFTWARE are limited to ninety (90) days. DEATH OR PERSONAL INJURY. RM shall be liable for death or personal injury arising from the use of the SOFTWARE to the extent that it results from the negligence of RM or its employees. RM shall also be liable to you for any other direct loss of or damage to tangible property caused solely by the negligence of RM or its employees subject always to a maximum aggregate liability of £250,000 to include all similar loss under all other contracts with RM. CUSTOMER REMEDIES. RM's entire liability and your exclusive remedy shall be, at RM's option, either (a) return of the price paid for SOFTWARE which is returned to RM along with the relevant licence confirmation, or (b) repair or replacement of the SOFTWARE or hardware that does not meet RM's Limited Warranty. This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. NO OTHER WARRANTIES. RM DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE, THE ACCOMPANYING WRITTEN MATERIALS, AND ANY ACCOMPANYING HARDWARE EXCEPT WITH REGARD TO CONSUMER TRANSACTIONS IN THE UNITED KINGDOM. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL RM OR ITS SUPPLIERS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF RM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Warranty and Limitations on Liability. RM warrants that 7.1 Unless otherwise specified in the SOFTWARE will perform substantially in accordance with the accompanying written materials Documentation, for a period of ninety (90) days from the date of receiptshipment (or date on which an ESD of the Program is made available) to You, Appeon warrants that the Program, when Used in accordance with the Documentation, will operate substantially with such Documentation. Any implied warranties on the SOFTWARE are limited THE PROGRAM IS ONLY COMPATIBLE WITH CERTAIN COMPUTER HARDWARE AND OPERATING SYSTEM SOFTWARE, and no warranty is provided with respect to ninety (90) days. DEATH OR PERSONAL INJURY. RM shall be liable for death or personal injury arising from the use of the SOFTWARE to Program within an unsupported computer hardware or software environment. In the extent that it results from the negligence event of RM or its employees. RM shall also be liable to you for any other direct loss of or damage to tangible property caused solely by the negligence of RM or its employees subject always to a maximum aggregate liability of £250,000 to include all similar loss under all other contracts with RM. CUSTOMER REMEDIES. RM's entire liability and your exclusive non-conforming Program, Your sole remedy shall be, at RMAppeon's option, either (a) return of the price paid for SOFTWARE which is returned to RM along with the relevant licence confirmation, or (b) repair or replacement of the SOFTWARE defective Program or hardware that does not meet RM's Limited Warrantya refund equal to the amount of license fees paid for the affected Programs within the twelve-month period immediately preceding the warranty claim. This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted limited warranty gives You specific legal rights. You may have other rights that vary from accidentjurisdiction to jurisdiction. Appeon warranties extend solely to You, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. NO OTHER WARRANTIES. RM licensee. 7.2 APPEON DISCLAIMS ALL OTHER WARRANTIESWARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, FITNESS FOR A PARTICULAR PURPOSE, AND CONDITIONS OF MERCHANTABLE QUALITY, WHETHER ARISING BY STATUTE OR IN LAW OR AS A RESULT OF A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE SOFTWAREPROGRAM, DOCUMENTATION, SUPPORT OR OTHER SERVICES RELATED TO THE ACCOMPANYING WRITTEN MATERIALSPROGRAM. Some jurisdictions do not allow limitations on implied warranties so the above limitations may not apply to You. NO WARRANTY IS MADE REGARDING THE RESULTS TO BE OBTAINED FROM ANY PROGRAM OR SERVICES, THAT THE PROGRAM WILL BE ERROR FREE, THAT ALL ERRORS IN THE PROGRAM WILL BE CORRECTED, OR THAT THE PROGRAM'S FUNCTIONALITY WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE YOUR RESPONSIBILITY TO (a) REGULARLY BACK UP DATA, AND ANY ACCOMPANYING HARDWARE EXCEPT WITH REGARD TO CONSUMER TRANSACTIONS IN (b) ADEQUATELY TEST THE UNITED KINGDOMPROGRAM. 7.3 The Program and third-party components are not fault-tolerant and are not designed, manufactured or intended for use in applications in which the failure could lead directly or indirectly to death, personal injury, or severe physical or environmental damage, including, without limitation, the on-line control of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL RM OR APPEON AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. 7.4 LIMITATIONS ON LIABILITY. NEITHER APPEON, NOR ITS SUBSIDIARIES, NOR ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR ANY DAMAGES WHATSOEVER (INCLUDINGDAMAGES, WITHOUT LIMITATIONWHETHER BASED ON CONTRACT, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, TORT OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARELEGAL THEORY, EVEN IF RM SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF APPEON AND ITS SUBSIDIARIES, IF ANY, ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE PROGRAM OR RELATED SERVICES SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LICENSE OR SERVICE FEES PAID FOR THE PROGRAM OR SERVICES GIVING RISE TO THE CLAIM. LICENSORS OF SOFTWARE COMPONENTS INCLUDED IN APPEON PRODUCTS SHALL NOT BE LIABLE FOR DIRECT DAMAGES. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations and exclusions may not apply to You.

Warranty and Limitations on Liability. RM warrants that the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. Any implied warranties on the SOFTWARE are limited to ninety (90) days. DEATH OR PERSONAL INJURY. RM shall be liable for death or personal injury arising from the use of the SOFTWARE to the extent that it results from the negligence of RM or its employees. RM shall also be liable to you for any other direct direc t loss of or damage to tangible property caused solely by the negligence of RM or its employees subject always to a maximum aggregate liability of £250,000 to include all similar loss under all other contracts with RM. CUSTOMER REMEDIES. RM's entire liability and your exclusive remedy shall be, at RM's option, either (a) return of the price paid for SOFTWARE which is returned to RM along with the relevant licence confirmation, or (b) repair or replacement of the SOFTWARE or hardware that does not meet RM's Limited Warranty. This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. NO OTHER WARRANTIES. RM DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE, THE ACCOMPANYING WRITTEN MATERIALS, AND ANY ACCOMPANYING HARDWARE EXCEPT WITH REGARD TO CONSUMER TRANSACTIONS IN THE UNITED KINGDOM. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL RM OR ITS SUPPLIERS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF RM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.