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This Disclaimer Agreement ("Agreement") is made and entered into as of [Insert Date] ("Effective Date"), by and between [Insert Company or Individual Name], ("Company"), and [Insert Customer or Individual Name] ("Customer").
WHEREAS, the Company provides certain products, services, or information ("Products") to the Customer, and the Customer desires to use such Products.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties hereto agree as follows:
1. Disclaimer of Warranties: The Products are provided "as is" and "as available" without any warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not warrant that the Products will meet the Customer's requirements or that the operation of the Products will be uninterrupted or error-free.
2. Limitation of Liability: The Company shall not be liable for any indirect, special, incidental, or consequential damages arising out of
or in connection with the use of the Products, including, but not
limited to, damages for loss of profits, business interruption, or loss of data, even if the Company has been advised of the possibility of such damages. The total liability of the Company for any claim arising out of or in connection with the Products shall not exceed the amount paid by the Customer for the Products.
3. Indemnification: The Customer agrees to indemnify and hold the Company harmless from any claims, actions, demands, liabilities, losses, costs, and expenses, including, without limitation, reasonable
attorneys' fees, arising out of or in connection with the Customer's use of the Products.
4. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of [Insert Jurisdiction], without regard to its conflict of law principles.
5. Entire Agreement: This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether written or oral.
6. Amendments: This Agreement may be amended only by a written agreement signed by both parties.
7. Waiver: The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
8. Severability: If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
9. Acceptance: By using the Products, the Customer agrees to be bound by the terms of this Disclaimer Agreement.
IN WITNESS WHEREOF, the parties have executed this Disclaimer Agreement as of the Effective Date.
[Signature of Company Representative]
_________________________
[Name of Company Representative]
_________________________
[Title of Company Representative]
_________________________
[Signature of Customer]
_________________________
[Name of Customer]
_________________________
[Title of Customer]
_________________________。

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