Information Technology Reference
In-Depth Information
Table 4.
(
Continued
)
Formation
and
Termination
Provisions:
Refund
No refund unless Apple
terminates its service (as
opposed to terminating a
user (see below) except
within a narrow window
(upgrades within 15 days
and 45 days for annual
renewal.
No refund for services
charged. No refund for
extra features ordered
then cancelled. No
refund if a user
terminates (assumes
this is the result if
OpenDrive terminates
as well).
None.
No refund for
payments made.
Refund if
service ceases
to exist.
Incorporated by
10, Amazon
Web Service
Customer
Agreement.
Service
Legal
Obligations
and
Apple waives any
warranty of content stored
on its system from
damage, corruption, loss or
removal and it will not be
liable for any damage,
corruption, loss or
removal. This is repeated
in a later provision: Apple
“does not guarantee or
warrant that any Content
you may store or access
through the Service will
not be subject to
inadvertent damage,
corruption or loss.”
Apple makes “no
representation that the
Service, or any feature or
part thereof, is appropriate
or available for use in any
particular location.”
Apple does not warrant the
content at sites to which it
provides links nor is Apple
responsible for any
damages incurred through
use of linked sites or
content.
There is a specific
disclaimer of warranty
provision, “as is” and other
warranties are disclaimed:
“DISCLAIM ALL
WARRANTIES OF ANY
KIND, WHETHER
EXPRESS OR IMPLIED,
INCLUDING BUT NOT
LIMITED TO THE
IMPLIED WARRANTIES
OF
MERCHANTABILITY,
FITNESS
Waiver of liability for
“correspondence,
purchase or promotion
between you and any
such third-party” and
for linked sites.
“We are not
responsible for the
accuracy,
completeness,
appropriateness, or
legality of files, user
posts, or any other
information you
may be able to
access
Risk
Shifting
Provisions:
Warranty
is
“PROVIDED
'AS IS '” and
“DISCLAIM
ALL
WARRANTIES
, INCLUDING
ANY IMPLIED
WARRANTIES
OF
MERCHANTA
BILITY,
SATISFACTO
RY QUALITY,
FITNESS FOR
A
PARTICULAR
PURPOSE,
NON-
INFRINGEME
NT, OR QUIET
ENJOYMENT,
AND ANY
WARRANTIES
ARISING OUT
OF ANY
COURSE OF
DEALING OR
USAGE
Disclaimer of warranty
related to quality of the
service or content.
using
the
Services.”
Waiver of other
warranties of sale such
as merchantability,
fitness, etc. Most
important OpenDrive
disclaims that content
provided is free from
infringement
“Dropbox will not
be liable for any loss
or corruption of your
stuff, or for any
costs or expenses
associated with
backing up or
restoring any of your
stuff.”
(“OR
NON-
INFRINGEMENT OF
THIRD PARTY
RIGHTS”). The service
and content is provided
“as is.”
“THE SERVICES
AND SOFTWARE
ARE PROVIDED
“AS IS”, AT YOUR
OWN
RISK,
WITHOUT
EXPRESS
OF
OR
TRADE.”
IMPLIED
WARRANTY OR
CONDITION OF
ANY KIND. WE
ALSO DISCLAIM
ANY
WARRANTIES OF
MERCHANTABILI
TY, FITNESS FOR
A PARTICULAR
PURPOSE
OR
NON-
INFRINGEMENT.”
FOR
A
PARTICULAR
PURPOSE, AND NON-
INFRINGEMENT”.
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