Common use of Arms' Length Dealing Clause in Contracts

Arms' Length Dealing. There is no agency, fiduciary or special relationship among the parties, and no such relationship shall ever be established unless expressly agreed to in writing signed by both parties. This is an arms-length transaction between sophisticated parties represented by counsel; no party is relying on any information or expertise of any other party or relying on any other party to provide information or data of any kind in entering into this Agreement, except as expressly stated herein. There are no representations or warranties except as expressly recited and agreed to herein. No representations or omissions may be relied upon by any party other than those recited herein. There are no limits on any party’s business except as expressly recited and agreed to herein. Subject to the restrictions in this Agreement, each party is free to sell its products to any customer and shall have no liability other than the royalty for production set out in *** for selling products to customers or supporting such sales. The parties can and shall compete with each other in the markets for memory products and technology.