The Effective Date of this agreement is the date at which the Licensed Product is made available by the Licensor to the Licensee.
Licensor expressly disclaims any warranty for the Licensed Product. The Licensed Product is provided without any explicit or implied warranty of any kind. Licensor does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Licensed Product. Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, or other such computer program. Licensor expressly disclaims any warranty or representation to Authorized Users or to any third party.
In no event shall Licensor be liable for any damages of any sort (including, without limitation, lost profits, business interruption, or lost information) rising out of Licensee or Authorized User’s use of or inability to use the Licensed Product, even if Licensor has been advised of the possibility of such damages. In no event will Licensor be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Licensor shall have no liability with respect to the content of the Licensed Product or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
For clarity, notwithstanding anything else in this Agreement, neither Licensor nor Licensee shall be liable for any indirect, special, incidental, punitive, or consequential damages, including loss of data, business interruption, or loss of profits that arises from the use of the Licensed Materials, or inability to use the Licensed Product. The entire risk of arising out of use or performance of Licensed Product remains with the Licensee.