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An indemnity is distinct from a warranty in that: [8] An indemnity guarantees compensation equal to the amount of loss subject to the indemnity, while a warranty only guarantees compensation for the reduction in value of the acquired asset due to the warranted fact being untrue (and the beneficiary must prove such diminution in value).
In the United States, the enforceability of such a waiver depends on state law, a jury, and the language of the waiver. [1] A signed liability waiver is not a blanket exemption from liability for operators of a dangerous activity. [2]
The insurance policy is generally an integrated contract, meaning that it includes all forms associated with the agreement between the insured and insurer. [2]: 10 In some cases, however, supplementary writings such as letters sent after the final agreement can make the insurance policy a non-integrated contract.
APPGUARD® LICENSE AGREEMENT (“LICENSE AGREEMENT”) 1. AGREEMENT: Pursuant to the terms and conditions of this License Agreement, APPGUARD INC. shall grant to qualified AOL Members (each, a “LICENSEE”) a non-exclusive, non-transferable license to use TechFortress powered by AppGuard® (the “Software”), and related documentation (the “License”) with the functionality of the ...
26. ENTIRE AGREEMENT. This Agreement and any supplemental terms constitute the entire agreement between you and us concerning the subject matter of this Agreement, which may only be modified by us. 27. GENERAL TERMS. (a) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
69% did not warrant the software was free of defects or would work as described in the manual; 55% capped damages at the purchase price or less; 36% said they were not warranting whether it infringed others' intellectual property rights; 32% required arbitration or a specific court
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