WARRANTY DISCLAIMER; LIMITATION OF LIABILITY Clause Samples

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. A. AssetWorks represents that it has the right to grant right of use of the Software to Customer as provided in Section 2. During the warranty period as defined in 8 D, AssetWorks further warrants that the Software will conform to the specifications published by AssetWorks or provided by AssetWorks to Customer in the Documentation. In the event the Software fails to conform to the Documentation, AssetWorks’ sole obligation shall be to correct the errors in accordance with the provisions of this Section 8 D. B. AssetWorks will defend, at its own expense, any action brought against Customer to the extent that it is based on a claim that the AssetWorks Software infringes a patent or copyright, and AssetWorks will pay those costs and damages finally awarded against Customer in any such action that are attributable to any such claim, but such defense and payments are conditioned on the following: (i) that AssetWorks shall be promptly notified in writing by Customer following its receipt of any such claim; (ii) that AssetWorks shall have sole control of the defence of any action on such claim and all negotiations for its settlement or compromise; (iii) should the Software become, or in AssetWorks’ opinion is likely to become, the subject of a claim of infringement of a patent or copyright, then Customer shall permit AssetWorks, at its option and expense, either to (i) procure for Customer a non-infringing license to use the Software; (ii) modify the Software so that it becomes non-infringing; (iii) procure for Customer a depreciated credit for the Software and accept its return. Depreciation shall be an equal amount per year from the date of receipt of the Software, which the parties agree shall be three (3) years. AssetWorks shall have no liability to Customer under any provision of this clause with respect to any claim of patent or copyright infringement that is based on Customer's unauthorised use or combination of the Software with software or data not supplied by AssetWorks as part of the Software. C. Customer agrees to defend and hold AssetWorks harmless against any claims made by any third-party against AssetWorks arising out of Customer's use of the Software unless such claims are due to the negligence or wilful misconduct of AssetWorks. D. The warranty period for the Software shall extend for a period of ninety (90) days from the date of delivery of the Software. During the warranty period, in the event that the Customer encounters an error and/or malfu...

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. UBISOFT UBISOFT’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. L90 makes no warranties of any kind, whether express or implied, as to the subject matter of this Agreement, including any warranty of merchantability or fitness for a particular purpose. L90 shall not be liable for the actions or omissions of any Advertiser in connection with such advertiser's utilizing any advertising space on the Websites, nor for the content of any such Advertiser's Banner or other advertising materials. L90 shall not be liable for any unavailability or inoperability of the Internet, technical malfunction, computer error, corruption or loss of information. IN NO EVENT SHALL L90 BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT L90 HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, IN NO EVENT WILL L90'S LIABILITY HEREUNDER EXCEED THE TOTAL REVENUES RECORDED ON THE BOOKS OF L90 (LESS ANY REVENUES RECORDED FOR ADVERTISING NOT YET SOLD), NET OF PAYMENTS TO THE COMPANY. Should L90 be obstructed, accelerated, incur loss of efficiency in productivity or be delayed in the commencement, prosecution, or completion of the services, without fault on its part, by the act, failure to act, direction, order, neglect, delay, or default of Company, Company's agents or employees or any other entity or person employed at Company's premises, or by changes in the services, or by reason of fire, lightning, earthquake, enemy action, act of God, or similar catastrophe, or by government restrictions in respect of materials or labor, or by a strike or lockout beyond L90's reasonable control, then L90 shall be entitled to an extension of time for a period equivalent to the actual time lost by reason of any or all of the causes aforesaid. Company expressly agrees not to make, and hereby waives, any claim for damages, including those resulting from increased supervision, labor or material costs, on account of any delay, obstruction, or hindrance for any cause whatsoever, including, but not limited to, the aforesaid causes, and Company expressly agrees that its sole right and remedy therefor shall be an extension of time.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. 7.1. Disclaimer. EXCEPT WHERE PROHIBITED BY LAW, THE SERVICES AND THE WEBSITE ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES OR THE WEBSITE (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS; OR (D) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. WE FURTHER MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON ANY SITES TO WHICH THE WEBSITE OR SERVICES ARE LINKED.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. EOS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND AND HEREBY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL EOS BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY AND ALL DAMAGES FOR INTERRUPTION, OR LOSS OF INFORMATION OR DATA, WHETHER ARISING IN CONTRACT OR IN TORT, WHETHER DIRECT, IMMEDIATE, FORESEEABLE, DISCLOSED OR NOT DISCLOSED, ARISING FROM EOS’S PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. IN NO EVENT WILL EOS BE LIABLE TO DISTRICT FOR ANY AMOUNT BEYOND THE AMOUNT DISTRICT HAS PAID EOS UNDER THIS AGREEMENT.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. The Pre-release Services are not at the level of performance or compatibility of a final, generally available product offering. The Pre-release Services have not been completely tested and will contain defects or deficiencies, some of which cannot or may not be corrected. Pre-release Services may not operate as expected. You acknowledge that all use, testing, research and development performed by you pursuant to this Test Agreement are done entirely at your own risk. You further acknowledge that the Pre-release Services and their use may result in unexpected results, loss of data, or other unpredictable damage or loss to you.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. Except as expressly provided for in this Agreement, the GSDS is provided to Contractor “AS-IS” and without any express or implied warranties of any kind. County hereby disclaims all express or implied conditions, reservations, and warranties whatsoever, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement or arising from a course of dealing, usage, or trade practice. County does not warrant, guarantee or make any representations regarding the use or the results of the use of the GSDS inters of its accuracy, condition, completeness, suitability, reliability, currentness, or performance. The GSDS is NOT a plat survey, whether legally recorded or otherwise, and is not intended for use as such.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. A. LIMITED WARRANTY. PeopleSupport agrees to perform the Services with a degree of care, skill and competence consistent with or exceeding customary industry standards, and in accordance with any and all Performance Objectives established by the Parties in any SOW. Subject to reasonable advance written notice to PeopleSupport, Client shall have the right, during normal business hours, to monitor, observe, review and inspect (to the extent directly related to Services) PeopleSupport's security program, facilities, resources, personnel performance, records, compliance with the terms and provisions herein and to meet with and interview all personnel responsible for Services in order to determine whether PeopleSupport has met its Performance Objectives and other obligations hereunder.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. 8.1 Nothing in this Agreement shall be construed as: (a) A warranty or representation by PTI as to the validity or scope of any Licensed Patent; (b) A warranty or representation that any Licensed Product, Licensed Process, Licensed Technology, Know-how, or Licensee Improvement, or anything made, used, sold or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of patents, copyrights, trademarks, trade secrets, or other intellectual property of third parties; (c) An obligation of PTI to bring or prosecute actions or suits against third parties for infringement; (d) Conferring rights on Licensee to use in advertising, publicity or otherwise any trademark of, or the name of, PTI or PROTEOMTECH, INC.; or (e) Granting by implication, estoppel or otherwise any license or transfer under patents of PTI other than Licensed Patents, regardless of whether such other patents are dominant of or subordinate to any Licensed Patent. 8.2 THE LICENSED TECHNOLOGY, THE KNOW-HOW AND THE LICENSED PATENTS ARE PROVIDED ON AN AS-IS, WHERE-IS, AS-AVAILABLE BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PTI DISCLAIMS ALL REPRESENTATIONS AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE PARTIES DISCLAIM ANY APPLICABILITY OF THE UNIFORM COMMERCIAL CODE OR UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. PTI ASSUMES NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO THE USE, SALE OR OTHER DISPOSITION BY LICENSEE OR ITS VENDEES OR SUBLICENSEES OF LICENSED PRODUCTS OR LICENSED PROCESSES. 8.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PTI BE LIABLE TO LICENSEE, ANY SUBLICENSEE, OR ANY OTHER PERSON FOR ANY CLAIM ARISING FROM, BASED UPON OR SEEKING: (A) ANY SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER INDIRECT DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION OR ANY OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OR INABILITY TO USE THE LICENSED TECHNOLOGY, KNOW-HOW, LICENSED PATENTS, LICENSED PRODUCTS, LICENSED PROCESSES, OR LICENSEE IMPROVEMENTS, EVEN IF PTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNLESS SUCH DAMAGE HAS BEEN CAUSED BY PTI'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR (B) ANY LOST PROFIT OR LO...