Laserfiche WebLink
<br />Materials purchased from or through <br />Uniguest, but Uniguest does not provide <br />any additional warranties with respect to <br />such Third Party Materials. Except for any <br />such warranties that may be passed <br />through by Uniguest from such Third Party <br />Providers, all such Third Party Materials are <br />provided on an “AS-IS, AS-AVAILABLE” <br />basis without any representations or <br />warranties of any kind by Uniguest, <br />expressed or implied. <br />DISCLAIMER. EXCEPT AS EXPRESSLY SET <br />FORTH IN THESE TERMS, UNIGUEST <br />EXPRESSLY DISCLAIMS AND EXCLUDES <br />ALL REPRESENTATIONS AND <br />WARRANTIES, EXPRESS, STATUTORY, <br />IMPLIED, OR OTHERWISE, WHETHER <br />WRITTEN OR ORAL, INCLUDING WITH <br />RESPECT TO THE PRODUCTS AND <br />SERVICES, AND HEREBY DISCLAIMS AND <br />EXCLUDES ANY AND ALL OTHER <br />REPRESENTATIONS AND WARRANTIES, <br />INCLUDING (BUT NOT LIMITED TO) ANY <br />IMPLIED WARRANTIES AND <br />CONDITIONS OF MERCHANTABILITY, <br />FITNESS OR SUITABILITY FOR A <br />PARTICULAR PURPOSE, NON- <br />INFRINGEMENT, TITLE, OR <br />SATISFACTORY QUALITY, WHETHER <br />ALLEGED TO ARISE BY LAW, BY REASON <br />OF CUSTOM OR USAGE IN TRADE, OR <br />THAT THE PRODUCTS AND SERVICES <br />WILL BE ERROR FREE OR SECURE. <br /> <br />Limitation of Liability. <br />In no event will Uniguest or the Customer be <br />liable under or in connection with this <br />Agreement for lost profits or revenue, cost <br />of substitute goods or services, or any <br />special, consequential, reliance, incidental, <br />exemplary, or punitive damages, however <br />caused and under any <br />theory of liability whether based in contract, <br />tort (including negligence), or otherwise. The <br />foregoing limitations shall apply regardless of <br />whether Uniguest or Customer has been <br />advised of the possibility of such damages <br />and notwithstanding the failure of essential <br />purpose of any limited remedy stated herein. <br />Uniguest’s liability arising out of or relating to <br />any Order, and Customer’s liability arising <br />out of or relating to this Agreement, will not <br />exceed the total amount of Recurring Service <br />Fees received by Uniguest from Customer <br />under the Order within the three <br />(3) months preceding the assertion of any <br />claim. Any Recurring Service Fees paid <br />annually will be prorated over such three <br />(3) month period and included for purposes <br />of determining the aggregate limitation of <br />liability for purposes of the foregoing <br />sentence. <br /> <br /> <br />