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Disclaimer of Warranties
THE SOFTWARE, SERVICES, BLACKLINE SITES, AND ALL INFORMATION AND CONTENT PROVIDED IN CONNECTION WITH THE FOREGOING
(COLLECTIVELY, THE BLACKLINE PRODUCTS AND SERVICES) ARE PROVIDED BY BLACKLINE ON AN “AS IS” AND “AS AVAILABLE” BASIS. BLACKLINE
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BLACKLINE PRODUCTS AND
SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BLACKLINE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, BLACKLINE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND
GUARANTEES, EXPRESS OR IMPLIED IN CONNECTION WITH THE BLACKLINE PRODUCTS AND SERVICE, INCLUDING IMPLIED REPRESENTATIONS,
WARRANTIES, CONDITIONS AND GUARANTEES OF MERCHANTABILITY, DURABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR
PURPOSE. Without limiting the foregoing, Blackline does NOT represent or warrant that:
a)
The Software and Services will be free of viruses or other harmful components;
b)
The Software and Services will be secure, error-free or uninterrupted;
c)
The Services will be available at any specific time or in any geographic location;
d)
Messages or content will be received or transmitted through the Software and Services; and
e)
The positioning-derived data obtained when using the Service will be accurate, precise, or available. The potential positioning accuracy as
delivered through the Services as stated in Blackline literature and specifications provides only an estimate of achievable accuracy based
on: specifications provided by the US Department of Defense for GPS Positioning and based on GPS OEM Receiver specifications of the
appropriate manufacturer (if applicable)
Limitation of Liability
General
Blackline provides you with Services through the networks of telecommunications providers and through other suppliers and third parties (together
“Suppliers”). Your use of the Services of Blackline and equipment, facilities and services of Suppliers is at your own risk. Subject to the terms hereof,
Blackline and the Suppliers will not be liable for any damages, losses of any kind or injury, including lost profits (regardless of whether we have been
notified that such loss may occur) arising directly or indirectly from any of the following:
a)
Your use of the Services of Blackline and of the Suppliers, including the use of any facilities or equipment used in conjunction with such
Services including the Software and the Blackline Sites
b)
Any act, mistake, omission, interruption, delay, error, defect or misrouting of communications by the Suppliers or Blackline
c)
Any failure that may arise from the facilities or equipment used by Blackline or the Suppliers
d)
Libel, slander or defamation arising from material transmitted or received through the use of the Services and the services, equipment and
facilities of the Suppliers
e)
Infringement of patents, trade-marks or copyrights arising from combining or using the Services or Software or equipment, or that of the
Suppliers
f)
Any damage, loss or injury caused by or to a vehicle, watercraft, aircraft or other property if such damage, loss or injury resulted in
connection with the Software or the Services, or the services of the Suppliers
g)
Physical injuries or death, any other damages, loss of profits, loss of earnings, loss of business opportunities, or other loss resulting directly
or indirectly out of or in connection with the use of the Software or Services, or the services, equipment and facilities of the Suppliers.
These limitations of liability apply to acts or omissions of Blackline, its partners, affiliates and Suppliers and each of their respective officers, directors,
employees, suppliers, agents, consultants or other persons for whom in law such parties are responsible (together “Representatives”), which would
give rise to a cause of action in tort, contract or any other doctrine of law.
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