Common use of Disclaimer Clause in Contracts

Disclaimer. THE WARRANTIES SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTURE, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 35 contracts

Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions

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Disclaimer. THE WARRANTIES EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6 SECTION, THERE ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTURE, AND ARE MADE EXPRESSLY IN LIEU OF ALL NO OTHER WARRANTIES, CONDITIONS LIABILITIES OR REMEDIES PROVIDED BY AXWAY, AXWAY'S SUPPLIERS OR ANY OTHER THIRD PARTY WITH RESPECT TO THE SERVICES. OTHER THAN THE FOREGOING EXPRESS WARRANTIES, THE SERVICE AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY THE CONTENT THEREIN ARE PROVIDED TO CUSTOMER S TRICTLY ON AN "AS IS" BASIS. AXWAY MAKES NO WARRANTY THAT THE SAAS SERVICES SERVICE WILL BE UNINTERRUPTED, ERROR FREE-FREE, OR FREE OF HARMFUL COMPONENTSFROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SUBSCRIPTION SERVICE WILL SATISFY CUSTOMER’S SPECIFIC REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AXWAY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR THAT ANY CONTENTSTATUTORY, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR BUT NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON -INFRINGEMENT OF THIRD PARTY RIGHTS. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, NON- INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND SO THE OTHER PARTY AGREES THAT IT IS ABOVE LIMITATION MAY NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAWCUSTOMER.

Appears in 10 contracts

Samples: General Terms and Conditions for Subscription Services, General Terms and Conditions for Subscription Services, General Terms and Conditions for Subscription Services

Disclaimer. THE WARRANTIES EXCEPT AS SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES 4.2, PROVIDER MAKES NO REPRESENTATIONS OR THIS AGREEMENT MADE BY ACCENTURE, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED REGARDING OR RELATING TO ANY WARRANTY THAT PORTION OF THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, SERVICE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OTHER MATTER COVERED BY THIS AGREEMENT. PROVIDER SPECIFICALLY DISCLAIMS ANY AND INCLUDING ANY ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. PROVIDER DOES NOT GUARANTEE THAT CUSTOMER’S ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED. PROVIDER SHALL NOT BE LIABLE FOR DELAYS, NON- INFRINGEMENTINTERRUPTIONS, SERVICE FAILURES OR QUIET ENJOYMENT, OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR FOR ISSUES RELATED TO THIRD-PARTY HOSTING PROVIDERS WITH WHOM CUSTOMER SEPARATELY CONTRACTS. PROVIDER DOES NOT MAKE ANY WARRANTIES ARISING OUT AND SHALL HAVE NO OBLIGATIONS WITH RESPECT TO THIRD PARTY APPLICATIONS. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTYSTATUTORILY REQUIRED WARRANTIES, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALLIF ANY, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY BE LIMITED TO THE EXTENT SHORTEST PERIOD PERMITTED BY APPLICABLE LAW.

Appears in 6 contracts

Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement

Disclaimer. THE WARRANTIES SET FORTH EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES SECTION, NEITHER PARTY MAKES ANY OTHER REPRESENTATION OR THIS AGREEMENT MADE BY ACCENTUREWARRANTY OF ANY KIND, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIESWHETHER EXPRESS, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT FROM THE USAGE OF ANY TRADE OR COURSE OF DEALING PERFORMANCE. NO EMPLOYEE, AGENT OR USAGE REPRESENTATIVE OF TRADELOGICALIS IS AUTHORIZED TO MAKE ANY ADDITIONAL OR OTHER REPRESENTATIONS OR WARRANTIES ON BEHALF OF LOGICALIS. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT CUSTOMER IS NOT ENTITLED RELYING ON ANY OTHER REPRESENTATIONS OR WARRANTIES. IN ADDITION, CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT THE INTERNET IS NOT A SECURE MEDIUM, MAY BE INHERENTLY UNRELIABLE AND SUBJECT TO ANY EQUITABLE INTERRUPTION OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY DISRUPTION AND MAY BE SUBJECT TO THE EXTENT PERMITTED BY APPLICABLE LAWINADVERTENT OR DELIBERATE BREACHES OF SECURITY, FOR WHICH LOGICALIS CANNOT BE HELD LIABLE.

Appears in 5 contracts

Samples: Master Solutions Agreement, Master Solutions Agreement, Master Solutions Agreement

Disclaimer. THE EXCEPT FOR EXPRESS WARRANTIES SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES AGREEMENT, INRIVER MAKES NO ADDITIONAL REPRESENTATION OR THIS AGREEMENT MADE WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED IN FACT OR BY ACCENTURE, AND ARE MADE EXPRESSLY IN LIEU OPERATION OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREELAW, OR FREE OF HARMFUL COMPONENTSSTATUTORY, OR THAT AS TO ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY MATTER WHATSOEVER. INRIVER EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, . INRIVER DOES NOT WARRANT THAT THE SERVICES (INCLUDING ANY SUPPORT SERVICES) WILL BE COMPLETELY ACCURATE OR QUIET ENJOYMENT, AND ERROR FREE OR WILL MEET SUBSCRIBER’S REQUIREMENTS. SUBSCRIBER WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY WARRANTIES ARISING OUT REPRESENTATIONS OR WARRANTY ON BEHALF OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED SUBSCRIBER TO ANY EQUITABLE OR IMPLIED INDEMNITIESTHIRD PARTY. THESE DISCLAIMERS SHALL ONLY APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND, SUPPORT SERVICES ARE PROVIDED "AS IS." INRIVER IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER LOSS OR DAMAGE RESULTING FROM (A) TRANSFER OF DATA OVER COMMUNICATION NETWORKS SUCH AS THE INTERNET AND/OR (B) INABILITY TO ACCESS OR GET ACCURATE DATA FROM THIRD-PARTY SYSTEMS AND/OR APPLICATIONS THAT THE SERVICE IS DEPENDENT ON.

Appears in 5 contracts

Samples: Master Subscription Agreement, Master Subscription Agreement, Master Subscription Agreement

Disclaimer. THE WARRANTIES EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6 SECTION, THERE ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTURE, AND ARE MADE EXPRESSLY IN LIEU OF ALL NO OTHER WARRANTIES, CONDITIONS LIABILITIES OR REMEDIES PROVIDED BY AXWAY, AXWAY'S SUPPLIERS OR ANY OTHER THIRD PARTY WITH RESPECT TO THE SERVICES. OTHER THAN THE FOREGOING EXPRESS WARRANTIES, THE SERVICE AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY THE CONTENT THEREIN ARE PROVIDED TO CUSTOMER STRICTLY ON AN "AS IS" BASIS. AXWAY MAKES NO WARRANTY THAT THE SAAS SERVICES SERVICE WILL BE UNINTERRUPTED, ERROR ERROR-FREE, OR FREE OF HARMFUL COMPONENTSFROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SUBSCRIPTION SERVICE WILL SATISFY CUSTOMER’S SPECIFIC REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AXWAY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR THAT ANY CONTENTSTATUTORY, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR BUT NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, NON- INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND SO THE OTHER PARTY AGREES THAT IT IS ABOVE LIMITATION MAY NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAWCUSTOMER.

Appears in 4 contracts

Samples: General Terms and Conditions for Subscription Services, General Terms and Conditions, General Terms and Conditions for Subscription Services

Disclaimer. EXCEPT FOR THE WARRANTIES SET FORTH EXPRESSLY PROVIDED IN THIS SECTION 6 ARE SECTION, GENESYS IS PROVIDING THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTURECLOUD SERVICES, DOCUMENTATION, AND ARE MADE EXPRESSLY IN LIEU SUPPORT “AS IS” AND DOES NOT MAKE, AND HEREBY DISCLAIMS ON BEHALF OF ITSELF AND ITS AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, COMPATIBILITY, SECURITY, TIMELINESS, COMPLETENESS OR QUIET ENJOYMENTACCURACY. WITHOUT LIMITING THE FOREGOING, AND ANY WARRANTIES ARISING OUT GENESYS DOES NOT WARRANT THAT USE OF ANY COURSE OF DEALING THE CLOUD SERVICES WILL BE UNINTERRUPTED OR USAGE OF TRADEERROR FREE OR THAT ALL DEFECTS WILL BE CORRECTED. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT THAT GENESYS CANNOT DISCLAIM A WARRANTY AS A MATTER OF LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED BY UNDER APPLICABLE LAW.

Appears in 4 contracts

Samples: Cloud Services Agreement, Cloud Services Agreement, Cloud Services Agreement

Disclaimer. THE WARRANTIES EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION ARTICLE 6 ARE THE ONLY (REPRESENTATIONS), NEITHER PARTY MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTUREOF ANY KIND, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENTNONINFRINGEMENT, OR QUIET ENJOYMENTVALIDITY OF PATENT CLAIMS. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY EITHER PARTY THAT EITHER PARTY WILL BE SUCCESSFUL IN OBTAINING ANY PATENT RIGHTS, OR THAT ANY PATENTS WILL ISSUE BASED ON A PENDING APPLICATION. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS ARTICLE 6 (REPRESENTATIONS), RBNC HEREBY ACKNOWLEDGES AND AGREES THAT ANY KNOW-HOW, MATERIALS, RESULTS, OR OTHER DATA, PROVIDED BY AMGEN ARE PROVIDED “AS IS” WITH NO WARRANTIES ARISING OUT OF ANY COURSE KIND. WITHOUT LIMITING THE RESPECTIVE RIGHTS AND OBLIGATIONS OF DEALING THE PARTIES EXPRESSLY SET FORTH HEREIN, EACH PARTY SPECIFICALLY DISCLAIMS ANY GUARANTEE THAT THE LICENSED COMPOUNDS OR USAGE OF TRADE. EACH PARTYPRODUCTS WILL BE SUCCESSFUL, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALLOR THAT THE MATERIALS SUPPLIED UNDER THIS AGREEMENT WILL BE USEFUL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE IN WHOLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAWIN PART.

Appears in 4 contracts

Samples: Exclusive License Agreement for Ck1d (Neumora Therapeutics, Inc.), Exclusive License Agreement for Gcase (Neumora Therapeutics, Inc.), Exclusive License Agreement for Ck1d (Neumora Therapeutics, Inc.)

Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION 6 11 (“LIMITED WARRANTIES”) ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTURE, EXCLUSIVE AND THERE ARE MADE EXPRESSLY IN LIEU OF ALL NO OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING AND DHS HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT AND TITLE. DHS DOES NOT GUARANTEE THAT THE SAAS SOFTWARE, EQUIPMENT OR SERVICES WILL YIELD ANY PARTICULAR BUSINESS OR FINANCIAL RESULT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, PERFORMED WITHOUT ERROR FREE, OR FREE OF HARMFUL COMPONENTS, INTERRUPTION. DHS MAKES NO REPRESENTATION OR THAT WARRANTY WITH RESPECT TO ANY CONTENT, INCLUDING CLIENT CONTENT THIRD-PARTY SOFTWARE OR ANY THIRD-PARTY EQUIPMENT. UNDER NO CIRCUMSTANCES SHALL DHS'S THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT SUPPLIERS OF ANY COURSE COMPONENT OF DEALING THE DHS SOFTWARE, HOSTED SERVICES OR USAGE OF TRADE. EACH PARTY, DHS EQUIPMENT BE RESPONSIBLE OR LIABLE TO COMPANY OR ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALLFOR ANY DAMAGES, AND DIRECT OR OTHERWISE, ARISING UNDER THIS AGREEMENT OR OTHERWISE ARISING FROM THE OTHER TRANSACTIONS CONTEMPLATED HEREIN. SUCH THIRD-PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO SUPPLIERS ARE THIRD PARTY BENEFICIARIES OF THE EXTENT PERMITTED BY APPLICABLE LAWFOREGOING SENTENCE.

Appears in 3 contracts

Samples: General Terms and Conditions Agreement, General Terms and Conditions Agreement, General Terms and Conditions Agreement

Disclaimer. THE WARRANTIES EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6 5.1, THE LICENSES IN SECTION 2.1 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTUREGRANTED TO ADIENT ON AN “AS IS,” “WHERE IS” BASIS, AND ARE MADE EXPRESSLY IN LIEU ADIENT ASSUMES ALL RISK AND LIABILITY ARISING FROM OR RELATING TO ITS USE OF ALL AND RELIANCE UPON THE LICENSES, AND THAT NEITHER PARTY MAKES ANY OTHER REPRESENTATIONS OR GRANTS ANY WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, WITH RESPECT TO THE LICENSES OR TO ANY OTHER MATTERS SET FORTH IN THIS AGREEMENT. EACH PARTY SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, OR EXPRESS OR IMPLIED, WITH RESPECT THERETO, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTEDOF TITLE, ERROR FREEOWNERSHIP, VALUE, QUALITY, MERCHANTABILITY, SUITABILITY, CONDITION, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON- INFRINGEMENT, FITNESS FOR USE OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT NON-INFRINGEMENT OF ANY COURSE INTELLECTUAL PROPERTY RIGHTS OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAWTHIRD PARTIES.

Appears in 3 contracts

Samples: Transitional Trademark License Agreement (Johnson Controls International PLC), Transitional Trademark License Agreement (Adient LTD), Transitional Trademark License Agreement (Adient LTD)

Disclaimer. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH STATED IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES 6, ONSOLVE MAKES NO REPRESENTATION OR THIS AGREEMENT MADE BY ACCENTURE, AND ARE MADE EXPRESSLY IN LIEU WARRANTY OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONSANY KIND, EXPRESS OR IMPLIEDIMPLIED (IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR THE DOCUMENTATION ARE ERROR-FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OPERATION OR THIRD PARTY COMPONENTS OR CONTENT, USE OF THE SERVICES WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY UNINTERRUPTED. ONSOLVE EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENTQUALITY, OR ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALLTITLE, AND NON-INFRINGEMENT. THE SUBSCRIPTION SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PARTY AGREES THAT IT PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ONSOLVE IS NOT ENTITLED RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS AND SHALL NOT HAVE ANY LIABILITY FOR PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE ARISING FROM FAILURE OF THE SUBSCRIPTION SERVICES TO DELIVER AN ELECTRONIC COMMUNICATION, HOWEVER CAUSED OR UNDER ANY EQUITABLE THEORY OF LIABILITY, EVEN IF ONSOLVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAWA REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Appears in 3 contracts

Samples: General Terms and Conditions, Government Subscription Services Agreement, General Terms and Conditions – Government

Disclaimer. THE WARRANTIES EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6 AGREEMENT, THE PRODUCTS AND SERVICES ARE THE ONLY PROVIDED "AS IS” AND OCLC AND ITS THIRD PARTY SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTURE, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONSANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT WITH RESPECT TO THE SAAS SERVICES WILL BE UNINTERRUPTEDPERFORMANCE OF THE PRODUCTS OR SERVICES, ERROR FREEINCLUDING, OR FREE OF HARMFUL COMPONENTSBUT NOT LIMITED TO, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENTNON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE COURSE OF TRADEPERFORMANCE. EACH PARTYOCLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS AND SERVICES WILL ALWAYS BE ACCESSIBLE, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALLFREE OF HARMFUL COMPONENTS, AND THE ACCURATE OR ERROR-FREE. IN NO EVENT WILL OCLC BE LIABLE FOR ANY LOSS ARISING OUT OF FAILURE OF THIRD PARTY PRODUCTS OR SERVICES OR OTHER PARTY AGREES THAT IT IS EVENTS OUTSIDE OF OCLC’S REASONABLE CONTROL. THIS SECTION WILL NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO DAMAGES THAT CANNOT BE EXCLUDED BY LAW (IN WHICH EVENT THE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWPERMITTED).

Appears in 3 contracts

Samples: Montana Group Services, www.oclc.org, www.oclc.org

Disclaimer. DATAMINR PROVIDES NO WARRANTIES EXCEPT FOR THOSE EXPRESS WARRANTIES PROVIDED HEREUNDER. THIS AGREEMENT, THE WARRANTIES SET FORTH IN THIS SECTION 6 SERVICES AND ANY OTHER PRODUCTS AND/OR SERVICES PROVIDED HEREUNDER ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTURE, PROVIDED “AS IS” AND ARE MADE EXPRESSLY IN LIEU WITHOUT WARRANTY OF ANY KIND. DATAMINR DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONSWHETHER EXPRESS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, STATUTORY OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENTOTHERWISE, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYNONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTYDATAMINR PROVIDES NO WARRANTIES AND EXPRESSLY DISCLAIMS ANY WARRANTIES THAT THE SERVICES, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALLTHE THIRD PARTY MATERIALS OR ANY OTHER PRODUCTS OR SERVICES PROVIDED HEREUNDER WILL MEET CUSTOMER’S REQUIREMENTS OR THAT USE OF SUCH MATERIALS WILL BE ERROR-FREE, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE UNINTERRUPTED, VIRUS-FREE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAWSECURE.

Appears in 3 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

Disclaimer. THE WARRANTIES SET FORTH EXCEPT AS STATED IN THIS SECTION 6 ARE 8, THE ONLY WARRANTIES CONCERNING SOFTWARE, THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTURESUPPORT SERVICES, AND THE PROFESSIONAL SERVICES ARE MADE EXPRESSLY PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS STATED IN LIEU THIS SECTION 8, INNOVYZE DOES NOT REPRESENT OR WARRANT THAT CUSTOMER’S USE OF THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT THE SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT ALL ERRORS IN THE SOFTWARE AND/OR DOCUMENTATION WILL BE CORRECTED OR WILL BE FREE OF VIRUSES OR OTHER WARRANTIESHARMFUL COMPONENTS. THE LIMITED WARRANTY STATED IN SECTION 8.1 ABOVE IS THE SOLE AND EXCLUSIVE REPRESENTATION OR WARRANTY OFFERED BY INNOVYZE HEREUNDER. THERE ARE NO OTHER REPRESENTATIONS, CONDITIONS AND REPRESENTATIONSWARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTEDWITHOUT LIMITATION, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, PURPOSE OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT NON-INFRINGEMENT OF ANY COURSE OF DEALING THIRD-PARTY RIGHTS. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SOFTWARE OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT OUTPUT GENERATED THEREBY IS NOT ENTITLED TO ANY EQUITABLE ACCURATE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAWSUFFICIENT FOR CUSTOMER’S PURPOSES.

Appears in 3 contracts

Samples: Software License Agreement, Software License Agreement, Software License Agreement

Disclaimer. THE WARRANTIES SET FORTH EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR THIS AGREEMENT MADE BY ACCENTUREEXTENDS ANY WARRANTY OF ANY KIND, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIEDIMPLIED (AND EACH PARTY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY PROVIDED IN THIS AGREEMENT), INCLUDING WITH RESPECT TO ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREEPATENTS OR KNOW-HOW, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENTMATERIALS, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF VALIDITY OR ENFORCEABILITY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON- INFRINGEMENTPERFORMANCE, AND NONINFRINGEMENT OF ANY THIRD PARTY PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE FOREGOING, NEITHER PARTY MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE LICENSED PROGRAM WILL BE SUCCESSFUL, OR QUIET ENJOYMENT, AND THAT ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY PARTICULAR RESULTS WILL BE ACHIEVED WITH RESPECT TO THE EXTENT PERMITTED BY APPLICABLE LAWLICENSED PROGRAM, THE LICENSED TARGET, ANY LICENSED ANTIBODY OR ANY LICENSED PRODUCT HEREUNDER.

Appears in 3 contracts

Samples: Master Collaboration Agreement (Prothena Corp PLC), License Agreement (Prothena Corp Public LTD Co), Master Collaboration Agreement (Prothena Corp PLC)

Disclaimer. THE WARRANTIES EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN, NOTHING IN THIS SECTION 6 ARE AGREEMENT SHALL BE CONSTRUED AS A WARRANTY OR REPRESENTATION BY MSRX THAT: (A) THE ONLY WARRANTIES CONCERNING PRODUCT IS OR WILL BE FREE FROM INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADEMARKS, INDUSTRIAL DESIGN OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (B) REGARDING THE SAAS SERVICES EFFECTIVENESS, VALUE, SAFETY, NON-TOXICITY OF THE PRODUCT OR ANY INFORMATION OR RESULTS PROVIDED BY MSRX PURSUANT TO THIS AGREEMENT MADE BY ACCENTUREAGREEMENT. EXCEPT AS SET FORTH HEREIN, MSRX HEREBY DISCLAIMS, AND ARE MADE EXPRESSLY IN LIEU OF GALENA HEREBY WAIVES, RELEASES AND RENOUNCES, ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY WARRANTY THAT DEFECT IN THE SAAS SERVICES WILL BE UNINTERRUPTEDPRODUCT PROVIDED HEREUNDER OR THE API INCLUDED THEREIN, ERROR FREEINCLUDING, OR FREE OF HARMFUL COMPONENTSBUT NOT LIMITED TO, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING (I) ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENTOR (II) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 2 contracts

Samples: License and Supply Agreement (Midatech Pharma PLC), License and Supply Agreement (Galena Biopharma, Inc.)

Disclaimer. THE WARRANTIES EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION ARTICLE 6 ARE THE ONLY (REPRESENTATIONS), NEITHER PARTY MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTUREOF ANY KIND, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENTNONINFRINGEMENT, OR QUIET ENJOYMENTVALIDITY OF PATENT CLAIMS. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY EITHER PARTY THAT EITHER PARTY WILL BE SUCCESSFUL IN OBTAINING ANY PATENT RIGHTS, OR THAT ANY PATENTS WILL ISSUE BASED ON A PENDING APPLICATION. WITHOUT LIMITING THE RESPECTIVE RIGHTS AND OBLIGATIONS OF THE PARTIES EXPRESSLY SET FORTH HEREIN, EACH PARTY SPECIFICALLY DISCLAIMS ANY WARRANTIES ARISING OUT GUARANTEE THAT THE PRODUCTS WILL BE SUCCESSFUL, IN WHOLE OR IN PART. *** = INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY1933, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAWAS AMENDED.

Appears in 2 contracts

Samples: Exclusive License Agreement (Kezar Life Sciences, Inc.), Exclusive License Agreement (Kezar Life Sciences, Inc.)

Disclaimer. Except as expressly set forth in this Agreement, THE WARRANTIES ARCTURUS TECHNOLOGY IS PROVIDED “AS IS.” EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION 6 ARE THE ONLY AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTUREOF ANY KIND, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENTNON-INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, VALIDITY OR ENFORCEABILITY OF PATENT CLAIMS, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY FROM A COURSE OF DEALING DEALING, USAGE OR USAGE TRADE PRACTICES. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY EITHER PARTY THAT EITHER PARTY WILL BE SUCCESSFUL IN OBTAINING ANY PATENT RIGHTS, OR THAT ANY PATENTS WILL ISSUE BASED ON A PENDING APPLICATION. WITHOUT LIMITING THE RESPECTIVE RIGHTS AND OBLIGATIONS OF TRADE. THE PARTIES EXPRESSLY SET FORTH HEREIN, EACH PARTYPARTY SPECIFICALLY DISCLAIMS ANY GUARANTEE THAT THE PRODUCTS WILL BE SUCCESSFUL, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE IN WHOLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAWIN PART.

Appears in 2 contracts

Samples: Collaboration and License Agreement (Arcturus Therapeutics Ltd.), Collaboration and License Agreement (Arcturus Therapeutics Ltd.)

Disclaimer. THE WARRANTIES SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTURE, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE WARRANTIES EXPRESSLY STATED IN THIS SECTION 10, TOTALCAE PROVIDES NO OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND TOTAL CAE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL TOTALCAE BE RESPONSIBLE OR LIABLE IN ANY MANNER OR TO ANY EXTENT FOR THE OPERATION OR AVAILABILITY OF THE CLOUD PROVIDER TO WHICH TOTALCAE HAS SUBSCRIBED IN ORDER TO FURNISH CUSTOMER WITH CLOUD-BASED HARDWARE, INCLUDING BUT NOT LIMITED TO: INABILITY TO USE THE CLOUD SERVICES, INTERRUPTIONS, ERRORS, DELAYS OR REDUCED SPEED OF, WITH OR CAUSED BY CLOUD SERVICES, INABILITY TO ACCESS OR RETRIEVE DATA, LOSS OR ALTERATION OF DATA, OR SECURITY BREACHES OF ANY KIND.

Appears in 2 contracts

Samples: www.totalcae.com, www.totalcae.com

Disclaimer. THE WARRANTIES EXCEPT AS SET FORTH IN SECTION 9(a) ABOVE, EPE MAKES NO WARRANTY OF ANY KIND IN CONNECTION WITH THE SUBJECT MATTER OF THIS SECTION 6 ARE AGREEMENT, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES LICENSED CONTENT AND ANY OTHER INFORMATION, SERVICES, OR THIS AGREEMENT MATERIALS PROVIDED OR MADE AVAILABLE BY ACCENTUREEPE HEREUNDER, AND ARE MADE EXPRESSLY IN LIEU OF EPE HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, WITHOUT LIMITATION ALL IMPLIED OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED STATUTORY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. EPE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE QUALITY, ORIGINALITY, SUITABILITY, OR QUIET ENJOYMENTSEARCHABILITY OF THE LICENSED CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS. EPE DISCLAIMS ALL RESPONSIBILITY FOR ANY WARRANTIES ARISING OUT LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY COURSE KIND RESULTING FROM USE OF DEALING THE WEB SITE OR USAGE OF TRADE. EACH THE LICENSED CONTENT BY LICENSEE, AUTHORIZED USERS, OR ANY THIRD PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 2 contracts

Samples: Premium Content Site License Agreement, Premium Content Site License Agreement

Disclaimer. THE WARRANTIES EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES AGREEMENT OR THIS AGREEMENT MADE BY ACCENTUREAN ADDENDUM, ABSOLUTE DISCLAIMS ALL REPRESENTATIONS AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONSWHETHER EXPRESS, EXPRESS IMPLIED OR IMPLIEDSTATUTORY, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED ALL WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- NON-INFRINGEMENT, LOSS OF DATA, ACCURACY OF RESULTS, OR QUIET ENJOYMENT, AND ANY WARRANTIES OTHERWISE ARISING OUT OF ANY FROM A COURSE OF DEALING OR USAGE OF TRADERELIANCE. EACH PARTYABSOLUTE DOES NOT REPRESENT OR WARRANT THAT ANY PRODUCT WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY PRODUCT WILL BE COMPATIBLE WITH ANY PARTICULAR DEVICE, THAT ANY DATA PROVIDED BY ABSOLUTE THROUGH ANY PRODUCT WILL BE ACCURATE, OR THAT ITS AFFILIATES SECURITY MEASURES WILL BE SUFFICIENT TO PREVENT THIRD-PARTY ACCESS TO CUSTOMER DATA OR CUSTOMER’S DEVICES. ABSOLUTE SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCTS PROVIDED WITH THE PRODUCTS AND ITS LICENSORS DISCLAIM ALLFOR THE AVAILABILITY OF, AND OR CUSTOMER’S USE OF, ANY DATA OR INFORMATION STORED ON OR IN CONNECTION WITH THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAWPRODUCTS.

Appears in 2 contracts

Samples: Master Subscription Agreement, Master Subscription Agreement

Disclaimer. THE WARRANTIES SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES Except as otherwise expressly set forth in this Agreement, NEITHER PARTY MAKES ANY REPRESENTATION OR THIS AGREEMENT MADE BY ACCENTUREEXTENDS ANY WARRANTY OF ANY KIND, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTEDANY PATENTS ARE VALID OR ENFORCEABLE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENTAND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENTAND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EACH PARTY DISCLAIMS ANY WARRANTIES WITH REGARD TO: (A) THE SUCCESS OF ANY STUDY OR TEST, INCLUDING THE RESEARCH PROGRAM OR ANY CLINICAL TRIAL, COMMENCED UNDER THIS AGREEMENT; (B) THE SAFETY OR USEFULNESS FOR ANY PURPOSE OF THE TECHNOLOGY OR MATERIALS, INCLUDING ANY PRODUCT IT PROVIDES UNDER THIS AGREEMENT; OR (C) THE VALIDITY, ENFORCEABILITY, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT NON-INFRINGEMENT OF ANY COURSE OF DEALING INTELLECTUAL PROPERTY RIGHTS OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND TECHNOLOGY IT PROVIDES OR LICENSES TO THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAWUNDER THIS AGREEMENT.

Appears in 2 contracts

Samples: Development and Commercialization Agreement, Collaborative Development and Commercialization Agreement (Histogen Inc.)

Disclaimer. THE WARRANTIES SET FORTH EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR THIS AGREEMENT MADE BY ACCENTUREEXTENDS ANY WARRANTY OF ANY KIND, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIEDIMPLIED (AND EACH PARTY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY PROVIDED IN THIS AGREEMENT), INCLUDING WITH RESPECT TO ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREEPATENTS OR KNOW-HOW, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENTMATERIALS, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF VALIDITY OR ENFORCEABILITY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON- INFRINGEMENTPERFORMANCE, AND NONINFRINGEMENT OF ANY THIRD PARTY PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE FOREGOING, NEITHER PARTY MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE PROGRAMS WILL BE SUCCESSFUL, OR QUIET ENJOYMENT, AND THAT ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY PARTICULAR RESULTS WILL BE ACHIEVED WITH RESPECT TO THE EXTENT PERMITTED BY APPLICABLE LAWPROGRAMS, ANY COLLABORATION TARGET, ANY COLLABORATION CANDIDATE OR ANY COLLABORATION PRODUCT HEREUNDER.

Appears in 2 contracts

Samples: Master Collaboration Agreement (Prothena Corp PLC), Master Collaboration Agreement (Prothena Corp PLC)

Disclaimer. THE EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8.1, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTURE, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONSANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING IN CONNECTION WITH THIS AGREEMENT, THE IMPLEMENTATION SERVICES OR THE SUBSCRIPTION SERVICES. WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8.1, COMPANY DISCLAIMS ANY WARRANTY THAT THE SAAS SUBSCRIPTION SERVICES WILL BE UNINTERRUPTED, ERROR FREE, FREE OR FREE OF HARMFUL COMPONENTS, UNINTERRUPTED OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, ALL ERRORS WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, CORRECTED. COMPANY FURTHER DISCLAIMS ANY AND INCLUDING ANY IMPLIED ALL WARRANTIES OF WITH RESPECT TO THE SUBSCRIPTION SERVICES AS TO MERCHANTABILITY, SATISFACTORY QUALITYACCURACY OF ANY INFORMATION PROVIDED, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT, OR QUIET ENJOYMENT, . COMPANY FURTHER DISCLAIMS ANY AND ANY ALL WARRANTIES ARISING OUT OF ANY FROM COURSE OF DEALING OR USAGE OF TRADE. EACH PARTYNO ADVICE OR INFORMATION, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALLWHETHER ORAL OR WRITTEN, AND OBTAINED FROM COMPANY OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE OTHER PARTY AGREES THAT IT IS EXCLUSION OF CERTAIN WARRANTIES IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAWAPPLY.

Appears in 2 contracts

Samples: Cloudknox Platform Services Agreement, Cloudknox Platform Services Agreement

Disclaimer. EXCEPT AS EXPRESSLY REPRESENTED OR WARRANTED IN SECTION 6, TO THE WARRANTIES SET FORTH IN THIS SECTION 6 ARE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ONLY WARRANTIES CONCERNING SUBSCRIPTION SERVICES, THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTURESERVICE DOCUMENTATION, AND ALL SERVICES (INCLUDING BUT NOT LIMITED TO PROFESSIONAL SERVICES) PERFORMED BY LAS ARE MADE EXPRESSLY IN LIEU OF PROVIDED “AS IS” AND LAS AND ITS LICENSORS AND SUPPLIERS DISCLAIM ANY AND ALL OTHER PROMISES, REPRESENTATIONS AND WARRANTIES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTEDINCLUDING, ERROR FREEBUT NOT LIMITED TO, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT SYSTEM INTEGRATION AND/OR DATA ACCURACY. LAS, ON BEHALF OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES ITSELF AND ITS LICENSORS DISCLAIM ALLAND SUPPLIERS, DOES NOT WARRANT THAT THE SUBSCRIPTION SERVICES, INCLUDLING THE SUBSCRIPTION SERVICES OR ANY OTHER SERVICES (INCLUDING BUT NOT LIMITED TO PROFESSIONAL SERVICES) PROVIDED BY LAS WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE OPERATION OF THE SUBSCRIPTION SERVICES WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT ALL ERRORS WILL BE CORRECTED. THE PARTIES ACKNOWLEDGE AND THE OTHER PARTY AGREES AGREE THAT IT LAS IS NOT ENTITLED OBLIGATED TO OBTAIN ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO REGULATORY APPROVALS THAT MAY BE NECESSARY UNDER THE EXTENT PERMITTED BY APPLICABLE LAWAGREEMENT.

Appears in 2 contracts

Samples: Leaseaccelerator Services Subscription Agreement, Leaseaccelerator Services Subscription Agreement

Disclaimer. THE WARRANTIES SET FORTH SERVICE IS PROVIDED ON AN "AS-IS" BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 6 ARE AGREEMENT AND TO THE ONLY FULLEST EXTENT ALLOWABLE BY APPLICABLE RULES, TYPEA MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES CONCERNING OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR NON-INFRINGEMENT OR THOSE ARISING IN THE SAAS COURSE OF OR CONNECTED TO THE PERFORMANCE HEREUNDER, AND DISCLAIM ANY SUCH WARRANTIES. IN ADDITION, TYPEA DOES NOT REPRESENT OR WARRANT THAT: (I) THE SERVICES OR THIS AGREEMENT MADE BY ACCENTURE, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES PART THEREIN WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENTERRORS WILL BE CORRECTED; OR (II) FREE OF VIRUSES, INCLUDING CLIENT CONTENT WORMS, OR THIRD PARTY ANY OTHER HARMFUL COMPONENTS OR CONTENTPROGRAM LIMITATIONS OR NON- INFRINGEMENT (III) PUBLISHER WILL PROFIT OR DERIVE ANY ECONOMIC BENEFIT FROM PUBLISHER’S USE OF THE SERVICES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, WILL BE SECURE OR SO SOME OF THE ABOVE EXCLUSIONS MAY NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAWAPPLY.

Appears in 1 contract

Samples: Typea Web Applications Publisher Online Terms and Conditions

Disclaimer. THE WARRANTIES SET FORTH NOTHING IN THIS SECTION 6 ARE IP AGREEMENT SHALL BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY EITHER PARTY OF THE ONLY WARRANTIES CONCERNING VALIDITY OF ANY PATENT. NEITHER PARTY SHALL HAVE ANY LIABILITY WHATSOEVER TO THE SAAS SERVICES OTHER PARTY OR THIS AGREEMENT MADE BY ACCENTUREANY OTHER PERSON FOR OR ON ACCOUNT OF ANY INJURY, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREELOSS, OR FREE DAMAGE, OF HARMFUL COMPONENTSANY KIND OR NATURE SUSTAINED BY, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT DAMAGE ASSESSED OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENTASSERTED AGAINST, OR QUIET ENJOYMENTANY OTHER LIABILITY INCURRED BY OR IMPOSED UPON THE OTHER PARTY OR ANY OTHER PERSON, AND ANY WARRANTIES ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM (A) THE PRODUCTION, USE, SALE, OFFER FOR SALE, OTHER DISPOSITIONS OR IMPORTATION OF ANY COURSE APPARATUS OR PRODUCT MADE BY THAT PARTY; OR (B) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES MADE BY THAT PARTY WITH RESPECT TO ANY OF DEALING OR USAGE OF TRADE. THE FOREGOING, AND EACH PARTY SHALL HOLD THE OTHER PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALLAFFILIATES, AND OFFICERS, AGENTS, OR EMPLOYEES, HARMLESS IN THE OTHER PARTY AGREES THAT IT EVENT IT, OR ITS OFFICERS, AGENTS, OR EMPLOYEES, IS HELD LIABLE. THIS SECTION 8 IS NOT ENTITLED INTENDED TO NEGATE OR SUPERSEDE ANY EQUITABLE REPRESENTATION OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED WARRANTY EXPRESSLY MADE BY APPLICABLE LAWSONY IN THIS IP AGREEMENT.

Appears in 1 contract

Samples: Intellectual Property Agreement (Gsi Technology Inc)

Disclaimer. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES MADE BY THE PARTIES IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO PARTY HERETO MAKES ANY REPRESENTATIONS OR WARRANTIES. THE NETWORK IS MADE AVAILABLE TO PUBLISHER “AS IS.” EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6 ARE AGREEMENT AND TO THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE MAXIMUM EXTENT PERMITTED BY ACCENTUREAPPLICABLE LAW, EACH PARTY EXPRESSLY DISCLAIMS ANY AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENTMERCHANTABILITY, NONINFRINGEMENT, TITLE OR QUIET ENJOYMENT, AND ANY IMPLIED WARRANTIES ARISING OUT OF ANY FROM COURSE OF DEALING OR USAGE COURSE OF TRADEPERFORMANCE. EACH PARTYNO ADVICE OR INFORMATION, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALLWHETHER ORAL OR WRITTEN, AND OBTAINED BY THE PUBLISHER FROM SMARTCLIP OR THROUGH OR FROM THIS AGREEMENT SHALL CREATE ANY WARRANY OR OTHER PARTY AGREES THAT IT IS OBLIGATION NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAWEXPRESSLY STATED IN THIS AGREEMENT.

Appears in 1 contract

Samples: www.smartclip.com

Disclaimer. THE WARRANTIES SET FORTH EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTUREARTICLE 7, INOTERA HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, SUITABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE, NON- INFRINGEMENTNON-INFRINGEMENT OR OTHERWISE, WITH RESPECT TO THE CONFORMING WAFERS, PRE-QUAL WAFERS, NON-CONFORMING WAFERS OR DRAM PRODUCTS PROVIDED UNDER THIS AGREEMENT. NO WARRANTIES SHALL APPLY TO ANY OF THE CONFORMING WAFERS, PRE-QUAL WAFERS, NON-CONFORMING WAFERS OR DRAM PRODUCTS THAT HAVE BEEN REPAIRED OR ALTERED, EXCEPT AS AUTHORIZED BY INOTERA, OR QUIET ENJOYMENTWHICH ARE SUBJECTED TO MISUSE, AND ANY NEGLIGENCE, ACCIDENT OR ABUSE. NO WARRANTIES ARISING OUT OF ANY COURSE OF DEALING FOR CONFORMING WAFERS, PRE-QUAL WAFERS, NON-CONFORMING WAFERS OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND DRAM PRODUCTS DELIVERED BY INOTERA TO THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED PURCHASER SHALL APPLY TO ANY EQUITABLE WARRANTY CLAIM OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY ISSUE OR DEFECT TO THE EXTENT PERMITTED CAUSED BY APPLICABLE LAWTECHNICAL MATERIALS PROVIDED OR SPECIFIED BY, THROUGH OR ON BEHALF OF THE PURCHASER, INCLUDING PRODUCT DESIGNS, TECHNOLOGY AND TEST PROGRAMS.

Appears in 1 contract

Samples: 2016 Supply Agreement (Micron Technology Inc)

Disclaimer. THE WARRANTIES SET FORTH EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 6 ARE THE ONLY AGREEMENT AND SUBJECT TO ANY NON-EXCLUDABLE LAW, NEITHER PARTY MAKES ANY WARRANTIES CONCERNING THE SAAS SERVICES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR THIS AGREEMENT MADE BY ACCENTUREOTHERWISE, AND ARE MADE EXPRESSLY IN LIEU OF EACH PARTY SPECIFICALLY DISCLAIMS ALL OTHER IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER AND SUBJECT TO ANY NON-EXCLUDABLE LAW, WE DO NOT MAKE, GIVE OR PROVIDE ANY REPRESENTATION, UNDERTAKING, WARRANTY OR GUARANTEE IN RELATION TO ANY SERVICE WE PROVIDE, INCLUDING IN RELATION TO THE RESULTS OR OUTCOMES THAT WILL OR MAY BE ACHIEVED OR OBTAINED FROM USE OF ANY SUCH SERVICE, ACCESS TO AND RELAIBILITY OF THE SERVICE INCLUDING TIMELINES AND SERVICE AVAILABILITY, FREEDOM FROM DEFECTS IN ANY SOFTWARE USED AND FAILURE IN ANY TELECOMMUNICATIONS OR OTHER MEANS OF CONNECTION TO ANY SUCH SERVICE.

Appears in 1 contract

Samples: Agworld Master Subscription Agreement

Disclaimer. THE EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, OPENSITE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTUREOF ANY KIND, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIESEXPRESS, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTEDOR STATUTORY, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, MERCHANTABILITY AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR OTHERWISE, NON- INFRINGEMENTREGARDING THE AUCTION SITE, THE SOFTWARE OR ANY SERVICES PROVIDED BY OPENSITE UNDER THIS AGREEMENT. FURTHER, OPENSITE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING: (I) THE SUCCESS OF ANY AUCTION REQUESTED BY CLIENT AND HOSTED BY OPENSITE; (II) THE ACCURACY OR COMPLETENESS OF CLIENT CONTENT; (III) THE SECURITY OF THE AUCTION SITE; OR (IV) THE QUALITY OR CONTINUITY OF THIRD PARTY TELECOMMUNICATIONS SYSTEMS, INFORMATION SYSTEMS OR SERVICES. CLIENT HEREBY ACKNOWLEDGES AND AGREES THAT THE INTERNET IS NOT CONTROLLED, OPERATED, OR QUIET ENJOYMENTOWNED BY A SINGLE ENTITY, AND AS A RESULT, OPENSITE DOES NOT MAKE ANY WARRANTIES ARISING OUT OF REPRESENTATION OR WARRANTY THAT ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND CLIENT CUSTOMER SHALL BE ABLE TO ACCESS THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO AUCTION SITE AT ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAWPARTICULAR TIME.

Appears in 1 contract

Samples: Hosting and Services Agreement (Opensite Technologies Inc)

Disclaimer. THE EXCEPT AS PROVIDED IN SECTION 9.1, NEITHER PARTY MAKES ANY WARRANTIES SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES OR REPRESENTATIONS CONCERNING THE SAAS SERVICES LICENSED PATENT RIGHTS OR THIS AGREEMENT MADE BY ACCENTURE, AND ARE MADE EXPRESSLY IN LIEU OF ALL ANY OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIEDMATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTEDEXPRESS, ERROR FREE, IMPLIED OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED STATUTORY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENTNON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, ACCURACY OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING CONDUCT OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALLTRADE CUSTOM OR USAGE, AND THE OTHER EACH PARTY AGREES THAT IT IS NOT ENTITLED TO DISCLAIMS ALL SUCH EXPRESS, IMPLIED OR STATUTORY WARRANTIES. NEITHER PARTY MAKES ANY EQUITABLE WARRANTY OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY REPRESENTATION AS TO THE EXTENT PERMITTED VALIDITY, SCOPE OR ENFORCEABILITY OF ANY OF THE LICENSED PATENT RIGHTS, OR THAT ANY LICENSED PRODUCT OR LICENSED PATENT RIGHTS WILL NOT INFRINGE ANY THIRD PARTY RIGHTS, OR THAT NO THIRD PARTY IS IN ANY WAY INFRINGING UPON OR MAY INFRINGE UPON ANY LICENSED PATENT RIGHTS COVERED BY APPLICABLE LAWTHIS AGREEMENT. FURTHER, TSRI HAS MADE NO INVESTIGATION AND MAKES NO REPRESENTATION OR WARRANTY THAT THE LICENSED PATENT RIGHTS ARE SUITABLE FOR LICENSEE’S PURPOSES.

Appears in 1 contract

Samples: License Agreement (Senesco Technologies Inc)

Disclaimer. THE WARRANTIES EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION 6 ARE THE ONLY AGREEMENT, INCLUDING AS SET FORTH IN THIS ‎ARTICLE 9, NEITHER PARTY NOR ANY OF ITS AFFILIATES MAKES ANY REPRESENTATION OR EXTENDS ANY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTUREOF ANY KIND, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING TO THE OTHER PARTY OR ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDITS AFFILIATES, AND INCLUDING ANY EACH PARTY HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF DESIGN, QUALITY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR QUIET ENJOYMENTVALIDITY OF PATENTS, AND ANY WARRANTIES ARISING OUT NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR ARISING FROM A COURSE OF DEALING DEALING, USAGE OR USAGE OF TRADETRADE PRACTICES. EACH PARTY, ITS AFFILIATES PARTY UNDERSTANDS THAT THE COMPOUNDS AND ITS LICENSORS DISCLAIM ALLPRODUCTS ARE THE SUBJECT OF ONGOING RESEARCH AND DEVELOPMENT, AND THAT NEITHER PARTY CAN ASSURE, AND EACH PARTY HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, THAT THE OTHER PARTY AGREES EXPLOITATION OF THE COMPOUNDS OR PRODUCTS PURSUANT TO THIS AGREEMENT WILL RECEIVE REGULATORY APPROVAL OR WILL BE SAFE, EFFECTIVE, USEFUL OR SUCCESSFUL OR THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY PARTICULAR SALES LEVEL WITH RESPECT TO THE EXTENT PERMITTED BY APPLICABLE LAWCOMPOUNDS OR PRODUCTS WILL BE ACHIEVED.

Appears in 1 contract

Samples: Exclusive License Agreement (Scynexis Inc)

Disclaimer. THE WARRANTIES EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION 6 ARE THE ONLY AGREEMENT, INCLUDING AS SET FORTH IN THIS ‎ARTICLE 8, NEITHER PARTY NOR ANY OF ITS AFFILIATES MAKES ANY REPRESENTATION OR EXTENDS ANY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTUREOF ANY KIND, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING TO THE OTHER PARTY OR ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDITS AFFILIATES, AND INCLUDING ANY EACH PARTY HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR QUIET ENJOYMENTAND NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. EACH PARTY UNDERSTANDS THAT THE COMPOUND AND PRODUCTS ARE THE SUBJECT OF ONGOING RESEARCH AND DEVELOPMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALLTHAT NEITHER PARTY CAN ASSURE, AND EACH PARTY HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, THAT THE OTHER PARTY AGREES DEVELOPMENT, MANUFACTURE AND COMMERCIALIZATION OF THE COMPOUND OR PRODUCTS PURSUANT TO THIS AGREEMENT WILL RECEIVE REGULATORY APPROVAL OR WILL BE SAFE, EFFECTIVE, USEFUL OR SUCCESSFUL OR THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY PARTICULAR SALES LEVEL WITH RESPECT TO THE EXTENT PERMITTED BY APPLICABLE LAWCOMPOUND OR PRODUCTS WILL BE ACHIEVED.

Appears in 1 contract

Samples: Exclusive License Agreement (Arrowhead Pharmaceuticals, Inc.)

Disclaimer. THE WARRANTIES SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTURE, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. ANY LIABLITY PURSUANT TO SECTION 8 REMAINS UNAFFECTED.

Appears in 1 contract

Samples: General Terms and Conditions

Disclaimer. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HEREBY AGREES THAT THE FOREGOING REPRESENTATIONS AND WARRANTIES CONSTITUTE SUCH PARTY'S SOLE AND EXCLUSIVE REPRESENTATIONS AND WARRANTIES UNDER THIS AGREEMENT. EACH PARTY, WITH RESPECT TO ITS OWN PRODUCTS, MAKES NO, AND DISCLAIMS ANY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY AND ANY WARRANTY AGAINST INTERFERENCE WITH QUIET ENJOYMENT OR AGAINST INFRINGEMENT. NO ORAL, OR WRITTEN INFORMATION OR ADVICE GIVEN BY SUCH PARTY SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE AFOREMENTIONED REPRESENTATIONS AND WARRANTIES. EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTUREABOVE, EACH PARTY EXPRESSLY DISCLAIMS ANY AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT WITHOUT LIMITATION, ALL EXPRESS WARRANTIES, IF ANY, MADE BY SUCH PARTY. THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAWTHIS AGREEMENT.

Appears in 1 contract

Samples: Promotion Agreement (Digene Corp)

Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 6 ARE 7, MATILLION MAKES NO OTHER REPRESENTATIONS, WARRANTIES, OR CONDITIONS WHETHER, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTURE, PRODUCTS AND ARE MADE SUPPORT AND MATILLION EXPRESSLY IN LIEU OF DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONSINCLUDING, EXPRESS OR IMPLIEDBUT NOT LIMITED TO, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENTTITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. MATILLION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCTS WILL MEET CUSTOMER’S REQUIREMENTS, OR QUIET ENJOYMENTTHAT THE OPERATION AND RESULTS OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, AND OR THAT DEFECTS IN THE PRODUCTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MATILLION OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WARRANTIES ARISING OUT WAY INCREASE THE SCOPE OF ANY COURSE OF DEALING WARRANTY HEREIN. MATILLION MAKES NO REPRESENTATION OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND WARRANTY REGARDING ANY CUSTOMER APPS WITH WHICH THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAWPRODUCTS MAY INTEROPERATE.

Appears in 1 contract

Samples: Master Subscription Agreement

Disclaimer. THE WARRANTIES EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES OR 8.1, ALL INTELLECTUAL PROPERTY RIGHTS, MATERIALS AND INFORMATION PROVIDED TO CKD UNDER THIS AGREEMENT MADE BY ACCENTUREARE BEING PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 8.1, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER CARA MAKES NO REPRESENTATIONS OR WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING OF ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENTKIND, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF AS TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEUSE OR NON-INFRINGEMENT. SPECIFICALLY, NON- INFRINGEMENTCARA DOES NOT WARRANT THE VALIDITY OR ENFORCEABILITY OF THE LICENSED PATENT RIGHTS, OR QUIET ENJOYMENTLICENSED TRADEMARKS, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY MAKES NO REPRESENTATIONS WHATSOEVER WITH REGARD TO THE EXTENT PERMITTED BY APPLICABLE LAWSCOPE OF THE LICENSED PATENT RIGHTS OR LICENSED TRADEMARKS, OR THAT THE LICENSED PATENT RIGHTS OR LICENSED KNOW-HOW MAY BE EXPLOITED WITHOUT INFRINGING OTHER PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.

Appears in 1 contract

Samples: License and Api Supply Agreement (Cara Therapeutics, Inc.)

Disclaimer. THE WARRANTIES SET FORTH EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION 6 ARE THE ONLY AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED (AND EACH PARTY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES CONCERNING THE SAAS SERVICES OR NOT EXPRESSLY PROVIDED IN THIS AGREEMENT MADE BY ACCENTURE, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIEDAGREEMENT), INCLUDING WITH RESPECT TO ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, PATENTS OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENTKNOW-HOW, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF VALIDITY OR ENFORCEABILITY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON- INFRINGEMENTPERFORMANCE, AND NON-INFRINGEMENT OF ANY THIRD PARTY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT. NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, THAT IT WILL BE ABLE TO SUCCESSFULLY DEVELOP, MANUFACTURE, OR QUIET ENJOYMENTCOMMERCIALIZE ANY LICENSED MOLECULES OR LICENSED PRODUCT OR, AND IF COMMERCIALIZED, THAT ANY WARRANTIES ARISING OUT PARTICULAR SALES LEVEL OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAWSUCH LICENSED PRODUCT WILL BE ACHIEVED.

Appears in 1 contract

Samples: License Agreement (Cogent Biosciences, Inc.)

Disclaimer. WITHOUT LIMITING THE WARRANTIES RESPECTIVE RIGHTS AND OBLIGATIONS OF THE PARTIES EXPRESSLY SET FORTH HEREIN, EACH PARTY AND [**] SPECIFICALLY DISCLAIMS ANY GUARANTEE THAT THE ACTIVITIES CONDUCTED HEREUNDER OR ANY LICENSED PRODUCT WILL BE SUCCESSFUL, IN WHOLE OR IN PART. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES AGREEMENT, NEITHER PARTY NOR [**] MAKES ANY REPRESENTATIONS OR THIS AGREEMENT MADE BY ACCENTUREEXTENDS ANY WARRANTY OF ANY KIND, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIEDIMPLIED (AND EACH PARTY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY PROVIDED IN THIS AGREEMENT), INCLUDING WITH RESPECT TO ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREEPATENTS OR KNOW-HOW, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENTMATERIALS, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF VALIDITY OR ENFORCEABILITY OF ANY PATENTS, TITLE, QUALITY, COMPLETENESS, ACCURACY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON- INFRINGEMENT, OR QUIET ENJOYMENTPERFORMANCE, AND ANY WARRANTIES ARISING OUT NONINFRINGEMENT OF ANY COURSE OF DEALING THIRD PARTY PATENTS OR USAGE OF TRADEOTHER INTELLECTUAL PROPERTY RIGHTS. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.Article 12 INDEMNIFICATION; INSURANCE; LIMITATIONS

Appears in 1 contract

Samples: Collaboration and License Agreement (Solid Biosciences Inc.)

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Disclaimer. THE WARRANTIES SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTURE, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND CONDITIONS, TERMS, UNDERTAKINGS AND/OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 1 contract

Samples: General Terms and Conditions

Disclaimer. THE WARRANTIES SET FORTH EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR THIS AGREEMENT MADE BY ACCENTUREEXTENDS ANY WARRANTY OR CONDITION OF ANY KIND, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIEDIMPLIED (AND EACH PARTY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY PROVIDED IN THIS AGREEMENT), INCLUDING WITH RESPECT TO ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREEPATENT RIGHTS OR KNOW-HOW, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENTMATERIALS, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF VALIDITY OR ENFORCEABILITY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON- INFRINGEMENTPERFORMANCE, AND NONINFRINGEMENT OF ANY THIRD PARTY PATENT RIGHTS OR OTHER IP RIGHTS. WITHOUT LIMITING THE FOREGOING, NEITHER PARTY MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT ANY LICENSED PRODUCT WILL BE SUCCESSFUL, OR QUIET ENJOYMENT, AND THAT ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED PARTICULAR RESULTS WILL BE ACHIEVED WITH RESPECT TO ANY EQUITABLE LICENSED PROGRAM TARGET, LICENSED RNP COMPLEX OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAWLICENSED PRODUCT HEREUNDER.

Appears in 1 contract

Samples: License Agreement (Editas Medicine, Inc.)

Disclaimer. THE EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES SET FORTH OF ANY KIND, EXPRESSOR IMPLIED, AND EACH PARTY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY PROVIDED IN THIS SECTION 6 ARE THE ONLY AGREEMENT, INCLUDING WITH RESPECT TO ANY PATENTS OR KNOW-HOW, INCLUDING ANY AND ALL WARRANTIES CONCERNING THE SAAS SERVICES OF VALIDITY, ENFORCEABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR THIS AGREEMENT MADE BY ACCENTUREPURPOSE, AND ARE MADE EXPRESSLY IN LIEU PERFORMANCE, OR NON-INFRINGEMENT OF ALL ANY THIRD-PARTY PATENT OR OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONSINTELLECTUAL PROPERTY RIGHT. NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES IT WILL BE UNINTERRUPTEDABLE TO SUCCESSFULLY DEVELOP, ERROR FREEMANUFACTURE, OR FREE OF HARMFUL COMPONENTSCOMMERCIALIZE ANY LICENSED MOLECULE OR LICENSED PRODUCT OR, OR IF COMMERCIALIZED, THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, PARTICULAR SALES LEVEL OF SUCH LICENSED PRODUCT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAWACHIEVED.

Appears in 1 contract

Samples: License Agreement (Avenue Therapeutics, Inc.)

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 6 ARE 8.1 [WARRANTY], SEAMLESS IS PROVIDED “AS IS.” EXCEPT TO THE ONLY EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE SAAS SERVICES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR THIS AGREEMENT MADE BY ACCENTUREOTHERWISE REGARDING SEAMLESS, AND ARE MADE EXPRESSLY IN LIEU OF (B) DISCLAIM ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, IMPLIED OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED EXPRESS WARRANTIES (OTHER THAN SPECIFIED IN SECTION 8.1[WARRANTY]) (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL(III) THAT SEAMLESS WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND THE OTHER PARTY AGREES (IV) THAT IT IS ANY CONTENT WILL BE SECURE OR NOT ENTITLED TO ANY EQUITABLE OTHERWISE LOST OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAWALTERED.

Appears in 1 contract

Samples: Seamless Customer Agreement

Disclaimer. WITHOUT LIMITING THE WARRANTIES RESPECTIVE RIGHTS AND OBLIGATIONS OF THE PARTIES EXPRESSLY SET FORTH HEREIN, EACH PARTY SPECIFICALLY DISCLAIMS ANY GUARANTEE THAT THE ACTIVITIES CONDUCTED HEREUNDER OR ANY COLLABORATION COMPOUND, COLLABORATION CANDIDATE OR LICENSED PRODUCT WILL BE SUCCESSFUL, IN WHOLE OR IN PART. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR THIS AGREEMENT MADE BY ACCENTUREEXTENDS ANY WARRANTY OF ANY KIND, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIEDIMPLIED (AND EACH PARTY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY PROVIDED IN THIS AGREEMENT), INCLUDING WITH RESPECT TO ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREEPATENTS OR KNOW-HOW, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENTMATERIALS, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF VALIDITY OR ENFORCEABILITY OF ANY PATENTS, TITLE, QUALITY, COMPLETENESS, ACCURACY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON- INFRINGEMENT, OR QUIET ENJOYMENTPERFORMANCE, AND ANY WARRANTIES ARISING OUT NONINFRINGEMENT OF ANY COURSE OF DEALING THIRD PARTY PATENTS OR USAGE OF TRADEOTHER INTELLECTUAL PROPERTY RIGHTS. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.119

Appears in 1 contract

Samples: Collaboration and License Agreement (Kymera Therapeutics, Inc.)

Disclaimer. LOOP MAKES NO WARRANTY OR GUARANTY IN ITS ABILITY TO OBTAIN PAID CONTENT OR REGARDING AMOUNTS THAT CUSTOMER MAY RECEIVE FROM PAID CONTENT OR OTHERWISE IN CONNECTION WITH THE WARRANTIES ENTRY INTO THIS ADDENDUM. WITHOUT LIMITING THE FOREGOING, CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY REVENUE PROJECTIONS OR OTHER ESTIMATES LOOP MAY PROVIDE IN CONNECTION WITH THE SUBJECT MATTER OF THIS ADDENDUM, WHETHER ORALLY OR IN WRITING, ARE ESTIMATES ONLY AND ARE NOT GUARANTEED IN ANY WAY. IN ADDITION TO AND WITHOUT LIMITING ANY DISCLAIMERS SET FORTH IN THIS SECTION 6 THE AGREEMENT, ANY PAID CONTENT OR UNPAID CONTENT ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTURE, PROVIDED “AS IS” AND ARE MADE EXPRESSLY IN LIEU OF LOOP HEREBY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR QUIET ENJOYMENT, NON-INFRINGEMENT AND TITLE AND ANY WARRANTIES ARISING OUT OF FROM ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 1 contract

Samples: loopglobal.com

Disclaimer. THE WARRANTIES SET FORTH EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 6 AGREEMENT, THE KNOW-HOW, CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY RIGHTS PROVIDED BY EACH PARTY ARE THE ONLY PROVIDED “AS IS” AND EACH PARTY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTURE, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, ANY KIND EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, BY OPERATION OF LAW OR FREE OF HARMFUL COMPONENTS, BY STATUTE OR THAT ANY CONTENTOTHERWISE, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WITHOUT LIMITATION THE WARRANTIES OF DESIGN, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENTAND NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY FROM A COURSE OF DEALING DEALING, USAGE OR USAGE TRADE PRACTICES, IN ALL CASES WITH RESPECT THERETO. 16.2.1 EXCEPT AS MAY BE OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, NONE OF TRADETHE PARTIES MAKE ANY REPRESENTATIONS AND GRANT NO WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, REGARDING THE ANTIBODIES, DRUG CONJUGATION MATERIALS OR ANY ADCS, INCLUDING ANY WARRANTY OF QUALITY, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR USE OR PURPOSE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.16.3

Appears in 1 contract

Samples: License and Collaboration Agreement (Seagen Inc.)

Disclaimer. THE MANAGED PRODUCT AND SUPPORT ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, PLANETSCALE AND ITS AFFILIATES, PARTNERS AND SUPPLIERS (I) MAKE NO REPRESENTATIONS OR WARRANTIES SET FORTH IN THIS SECTION 6 ARE OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES MANAGED PRODUCT, SUPPORT OR THIS AGREEMENT MADE BY ACCENTUREANY THIRD- PARTY CONTENT, AND ARE MADE EXPRESSLY IN LIEU OF (I) DISCLAIM ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, IMPLIED OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED EXPRESS WARRANTIES (A) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES (B) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL(C) THAT THE MANAGED PRODUCT, SUPPORT OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND THE OTHER PARTY AGREES (D) THAT IT IS ANY CONTENT WILL BE SECURE OR NOT ENTITLED TO ANY EQUITABLE OTHERWISE LOST OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAWALTERED.

Appears in 1 contract

Samples: Planetscale Managed Agreement

Disclaimer. THE WARRANTIES EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION 6 ARE AGREEMENT, NEITHER PARTY NOR ITS AFFILIATES MAKES ANY REPRESENTATION OR EXTENDS ANY WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR OTHERWISE, TO THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTURE, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIEDPARTY, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND WITHOUT LIMITING MYOKARDIA’S OBLIGATIONS UNDER SECTION 4.2 (DILIGENCE REQUIREMENTS), NON- INFRINGEMENT, MYOKARDIA MAKES NO REPRESENTATION OR QUIET ENJOYMENT, AND WARRANTY REGRADING WHETHER ANY WARRANTIES ARISING OUT MOLECULE OR PRODUCT WILL BE DEVELOPED OR COMMERCIALIZED SUCCESSFULLY OR WHETHER ANY PARTICULAR LEVEL OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED SALES WILL BE ACHIEVED WITH REGARD TO ANY EQUITABLE PRODUCT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FULCRUM MAKES NO REPRESENTATION OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO WARRANTY REGARDING THE EXTENT PERMITTED BY APPLICABLE LAWOUTCOME OF THE RESEARCH ACTIVITIES, INCLUDING THAT THE RESEARCH ACTIVITIES WILL BE SUCCESSFUL.

Appears in 1 contract

Samples: Collaboration and License Agreement (Fulcrum Therapeutics, Inc.)

Disclaimer. THE WARRANTIES EXCEPT AS SET FORTH IN THIS SECTION 6 ARE ABOVE, ACCRUENT, ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTIES OF ANY KIND AND , ACCRUENT, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM TO THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE MAXIMUM EXTENT PERMITTED BY ACCENTURELAW, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, (i) ANY WARRANTY THAT THE ANY SAAS SERVICES SERVICES, ARE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT CORRECTED; (ii) ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- AND NON-INFRINGEMENT, (iii) ANY WARRANTY THAT CONTENT AND/OR QUIET ENJOYMENTTHIRD PARTY SOFTWARE WILL BE ACCURATE, RELIABLE AND ERROR-FREE AND (iv) ANY AND ALL IMPLIED WARRANTIES ARISING OUT OF ANY FROM STATUTE, COURSE OF DEALING DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. EACH PARTYNO ADVICE, STATEMENT OR INFORMATION GIVEN BY ACCRUENT, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALLAFFILIATES, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO CONTRACTORS OR EMPLOYEES SHALL CREATE OR CHANGE ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAWWARRANTY PROVIDED HEREIN.

Appears in 1 contract

Samples: Agreement

Disclaimer. THE WARRANTIES SET FORTH EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR THIS AGREEMENT MADE BY ACCENTUREEXTENDS ANY WARRANTY OF ANY KIND, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIEDIMPLIED (AND EACH PARTY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY PROVIDED IN THIS AGREEMENT), INCLUDING WITH RESPECT TO ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREEPATENTS OR KNOW-HOW, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENTMATERIALS, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF VALIDITY OR ENFORCEABILITY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON- INFRINGEMENTPERFORMANCE, AND NONINFRINGEMENT OF ANY THIRD PARTY PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE FOREGOING, NEITHER PARTY MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE RESEARCH PROGRAM WILL BE SUCCESSFUL, OR QUIET ENJOYMENT, AND THAT ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY PARTICULAR RESULTS WILL BE ACHIEVED WITH RESPECT TO THE EXTENT PERMITTED BY APPLICABLE LAWRESEARCH PROGRAM, ANY COLLABORATION TARGET, ANY COLLABORATION RECEPTOR OR ANY COLLABORATION PRODUCT HEREUNDER.

Appears in 1 contract

Samples: Collaboration Agreement (Immatics N.V.)

Disclaimer. THE WARRANTIES EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION 6 ARE THE ONLY Article 11, NEITHER PARTY MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTUREOF ANY KIND, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENTNONINFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT VALIDITY OF PATENT CLAIMS OR THE AVAILABILITY OF ANY COURSE LICENSES WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS OF DEALING THIRD PARTIES. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE OR USAGE WARRANTY GIVEN BY EITHER PARTY THAT EITHER PARTY WILL BE SUCCESSFUL IN OBTAINING ANY PATENTS OR THAT ANY PATENTS WILL ISSUE BASED ON A PENDING APPLICATION. WITHOUT LIMITING THE RESPECTIVE RIGHTS AND OBLIGATIONS OF TRADE. THE PARTIES EXPRESSLY SET FORTH HEREIN, EACH PARTYPARTY SPECIFICALLY DISCLAIMS ANY GUARANTEE THAT ANY LICENSED PRODUCTS, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALLINCLUDING THE RESEARCH, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE MANUFACTURE, DEVELOPMENT OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAWCOMMERCIALIZATION THEREOF, WILL BE SUCCESSFUL, IN WHOLE OR IN PART.

Appears in 1 contract

Samples: License Agreement (Precision Biosciences Inc)

Disclaimer. THE WARRANTIES SET FORTH EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 6 ARE 8, ACCENTURE, ITS AFFILIATES AND ITS LICENSORS MAKE NO REPRESENTATIONS AND PROVIDE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE ONLY WARRANTIES CONCERNING THE SAAS ACP SERVICES OR THIS AGREEMENT MADE BY ACCENTURE, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS ANY THE THIRD PARTY COMPONENTS OR IMPLIEDCONTENT EMBODIED THEREIN, INCLUDING ANY WARRANTY THAT THE SAAS ACP SERVICES WILL BE UNINTERRUPTEDUNINTERUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- NON‐ INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO TO, ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 1 contract

Samples: Accenture Cloud Platform Agreement

Disclaimer. THE WARRANTIES EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6 SECTION, THERE ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTURE, AND ARE MADE EXPRESSLY IN LIEU OF ALL NO OTHER WARRANTIES, CONDITIONS LIABILITIES OR REMEDIES PROVIDED BY AXWAY, AXWAY'S SUPPLIERS OR ANY OTHER THIRD PARTY WITH RESPECT TO THE SERVICES. OTHER TH AN THE FOREGOING EXPRESS WARRANTIES, THE SERVICE AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY THE CONTENT THEREIN ARE PROVIDED TO CUSTOMER STRICTLY ON AN "AS IS" BASIS. AXWAY MAKES NO WARRANTY THAT THE SAAS SERVICES SERVICE WILL BE UNINTERRUPTED, ERROR FREE-FREE, OR FREE OF HARMFUL COMPONENTSFROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SUBSCRIPTION SERVICE WILL SATISFY CUSTOMER’S SPECIFIC REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AXWAY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR THAT ANY CONTENTSTATUTORY, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR BUT NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON -INFRINGEMENT OF THIRD PARTY RIGHTS. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, NON- INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND SO THE OTHER PARTY AGREES THAT IT IS ABOVE LIMITATION MAY NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAWCUSTOMER.

Appears in 1 contract

Samples: General Terms and Conditions for Subscription Services

Disclaimer. THE WARRANTIES EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES ARTICLE 10, NEITHER PARTY MAKES ANY REPRESENTATION OR THIS AGREEMENT MADE BY ACCENTUREEXTENDS ANY WARRANTY OF ANY KIND, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTEDANY PATENTS ARE VALID OR ENFORCEABLE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENTAND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NON- INFRINGEMENTEXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS ARTICLE 10, EACH PARTY DISCLAIMS ANY WARRANTIES WITH REGARD TO: (A) THE SUCCESS OF THE COLLABORATION PROGRAMS OR ANY COMPOUNDS OR LICENSED PRODUCTS EXPLOITED UNDER THIS AGREEMENT, (B) THE SAFETY OR USEFULNESS FOR ANY PURPOSE OF THE TECHNOLOGY OR MATERIALS IT PROVIDES OR DISCOVERS UNDER THIS AGREEMENT AND (C) THE VALIDITY, ENFORCEABILITY, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT NON-INFRINGEMENT OF ANY COURSE OF DEALING INTELLECTUAL PROPERTY RIGHTS OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND TECHNOLOGY IT PROVIDES OR LICENSES TO THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAWUNDER THIS AGREEMENT.

Appears in 1 contract

Samples: Collaboration, Option and License Agreement (Exicure, Inc.)

Disclaimer. THE WARRANTIES EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6 12.1, THE SERVICES, THE PLATFORM, THEIR COMPONENTS, AND ANY OTHER MATERIALS PROVIDED HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND NEITHER PARTY MAKES ANY WARRANTIES WITH RESPECT TO THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT MADE BY ACCENTUREAND HEREBY DISCLAIMS ANY AND ALL EXPRESS, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER IMPLIED, OR STATUTORY WARRANTIES, CONDITIONS AND REPRESENTATIONSINCLUDING, EXPRESS OR IMPLIEDWITHOUT LIMITATION, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENTAVAILABILITY, ERROR-FREE OR QUIET ENJOYMENTUNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING OUT OF ANY FROM A COURSE OF DEALING DEALING, COURSE OE PERFORMANCE, OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED COMPANY MAKES NO WARRANTIES WITH RESPECT TO ANY EQUITABLE PLAN OF CARE, OR IMPLIED INDEMNITIESORDER MADE THROUGH THE PLATFORM. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT THAT EITHER PARTY MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED BY APPLICABLE UNDER SUCH LAW.

Appears in 1 contract

Samples: Business Associate Agreement

Disclaimer. IT IS FURTHER UNDERSTOOD BY THE PARTIES THAT THE LICENSED IP AND ANY LICENSES GRANTED BY CORAMED TO HAEMONETICS ARE PROVIDED UNDER THIS LICENSE AGREEMENT “AS IS” AND MAY CONTAIN DEFICIENCIES AND THAT, EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES INCLUDED IN THE PURCHASE AGREEMENT, XXXX MAKES NO REPRESENTATIONS OR WARRANTIES UNDER THIS LICENSE AGREEMENT REGARDING THE USE OR PERFORMANCE OF SUCH LICENSED IP OR LICENSED RIGHTS. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES BY EACH PARTY AS SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTURE11.1 AND 11.2 ABOVE, AND ARE MADE EXPRESSLY BY XXXX IN LIEU OF SECTION 2.7 ABOVE, EACH PARTY MAKES NO REPRESENTATIONS OR WARRANTIES UNDER THIS LICENSE AGREEMENT AND DISCLAIMS ALL OTHER IMPLIED REPRESENTATIONS AND WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR QUIET ENJOYMENT, PURPOSE AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADENONINFRINGEMENT. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND NOTWITHSTANDING THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY FOREGOING TO THE EXTENT PERMITTED BY APPLICABLE LAWCONTRARY, THE LICENSED IP IS SUBJECT TO THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THE PURCHASE AGREEMENT.

Appears in 1 contract

Samples: Supply Agreement (Haemonetics Corp)

Disclaimer. THE WARRANTIES SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES OR EXCEPT AS EXPRESSLY PROVIDED HEREIN (INCLUDING THIS AGREEMENT MADE BY ACCENTUREAND ANY EXHIBITS HERETO AND THE ORDER FORM), NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND ARE MADE EXPRESSLY IN LIEU OF EACH PARTY SPECIFICALLY DISCLAIMS ALL OTHER IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, NON- INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ANY THIRD PARTY CONTENT PROVIDED OR MADE AVAILABLE BY OR THROUGH ARYAKA OR ITS AFFILIATES IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. CUSTOMER ACKNOWLEDGES AND AGREES THAT ARYAKA IS NOT RESPONSIBLE FOR THIRD PARTY CONTENT. ARYAKA DISCLAIMS ALL LIABILITIES ARISING FROM OR RELATED TO THIRD PARTY CONTENT. 9 MUTUAL INDEMNIFICATION.

Appears in 1 contract

Samples: Master Subscription Agreement

Disclaimer. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH STATED IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES 12, SUPPLIER MAKES NO ADDITIONAL REPRESENTATION OR THIS AGREEMENT MADE WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY ACCENTURE, AND ARE MADE EXPRESSLY IN LIEU OPERATION OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREELAW), OR FREE OF HARMFUL COMPONENTSSTATUTORY, OR THAT AS TO ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY MATTER WHATSOEVER. SUPPLIER EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENTQUALITY, OR QUIET ENJOYMENTACCURACY, TITLE, AND NON-INFRINGEMENT. SUPPLIER DOES NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF EACH PRODUCT OR AGAINST INFRINGEMENT. SUPPLIER DOES NOT WARRANT THAT THE PRODUCT IS ERROR-FREE OR THAT OPERATION OF THE PRODUCT WILL BE SECURE OR UNINTERRUPTED. SUPPLIER EXERCISES NO CONTROL OVER AND EXPRESSLY DISCLAIMS ANY WARRANTIES LIABILITY ARISING OUT OF ANY COURSE THE USE OF DEALING OR USAGE OF TRADETHE PRODUCT. EACH PARTY, ITS AFFILIATES PURCHASER AND ITS LICENSORS DISCLAIM ALLCUSTOMERS WILL NOT HAVE THE RIGHT TO MAKE, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED PASS THROUGH, OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF SUPPLIER TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAWTHIRD PARTY.

Appears in 1 contract

Samples: Supply Agreement (Occam Networks Inc/De)

Disclaimer. THE WARRANTIES SET FORTH IN THIS SECTION 6 11.1 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTUREIN LIEU OF, AND ARE MADE EXPRESSLY IN LIEU OF EACH PARTY HEREBY DISCLAIMS, ANY AND ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONSWHETHER EXPRESS, EXPRESS OR IMPLIED, INCLUDING STATUTORY OR OTHERWISE, ARISING OUT OF THIS AGREEMENT. EACH PARTY SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENTAND ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR BUT NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LICENSOR OR ELSEWHERE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. ROKMETRO DOES NOT WARRANT THAT THE ROKWIRE PLATFORM WILL BE UNINTERRUPTED, ERROR- FREE, OR QUIET ENJOYMENTCOMPLETELY SECURE. ROKMETRO MAKES NO REPRESENTATIONS OR WARRANTIES AND WILL HAVE NO, AND HEREBY DISCLAIMS, ANY WARRANTIES OBLIGATION HEREUNDER OR LIABILITY ARISING OUT OF FROM OR CAUSED BY ANY COURSE OF DEALING ROKWIRE OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES NON-ROKWIRE TECHNOLOGY AND ITS LICENSORS DISCLAIM ALL, AND THE SERVICES (OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY THAN AS EXPLICITLY SET FORTH HEREIN WITH REGARD TO THE EXTENT PERMITTED SERVICES BEING PROVIDED BY APPLICABLE LAWROKMETRO UNDER THIS AGREEMENT).

Appears in 1 contract

Samples: Master Services Agreement

Disclaimer. EXCEPT AS EXPRESSLY SET OUT HEREIN AND TO THE WARRANTIES SET FORTH EXTENT PERMITTED BY APPLICABLE LAW, VCE PROVIDES ACCESS TO THE VCE PARTNER PORTAL AND INFORMATION ON AN “AS IS” BASIS AND MAKES NO OTHER EXPRESS WARRANTIES, WRITTEN OR OTHERWISE OF ANY INFORMATION, OR OTHER INTELLECTUAL PROPERTY RIGHT LICENSED UNDER OR IN CONNECTION WITH THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTUREAGREEMENT, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIESWARRANTIES ARE SPECIFICALLY EXCLUDED INCLUDING, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY BUT NOT LIMITED TO THE IMPLIED WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- OR NON---INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES WARRANTY ARISING OUT BY STATURE, OPERATION OF ANY LAW, COURSE OF DEALING OR PERFORMANCE, OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND NEITHER PARTY SHALL BE LIABLE TO THE OTHER OR ANY THIRD PARTY AGREES THAT IT IS NOT ENTITLED TO FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT AND/OR SPECIAL DAMAGES FOR ANY EQUITABLE CLAIMS ARISING FROM OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO IN ANY WAY CONNECTED WITH THIS AGREEMENT, EVEN IF THE EXTENT PERMITTED BY APPLICABLE LAWPOSSIBILITY OF SUCH DAMAGES IS, OR SHOULD HAVE BEEN, KNOWN.

Appears in 1 contract

Samples: manufacturerstores.techdata.com

Disclaimer. EACH OF REXAHN AND BIOSENSE SPECIFICALLY DISCLAIM THAT THE WARRANTIES COLLABORATION WILL BE SUCCESSFUL IN WHOLE OR IN PART. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATION OR THIS AGREEMENT MADE BY ACCENTUREEXTENDS ANY WARRANTY OF ANY KIND, AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, ANY PATENTS ARE VALID OR FREE OF HARMFUL COMPONENTS, ENFORCEABLE OR THAT THEIR EXERCISE DOES NOT INFRINGE ANY CONTENT, INCLUDING CLIENT CONTENT OR PATENT RIGHTS OF THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, PARTIES AND INCLUDING ANY IMPLIED EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NON- INFRINGEMENTEACH PARTY DISCLAIMS ANY WARRANTIES WITH RESPECT TO: (A) THE SUCCESS OF ANY STUDY OR TEST COMMENCED UNDER THIS AGREEMENT, (B) THE SAFETY OR USEFULNESS FOR ANY PURPOSE OF RX-3117; AND (C) THE VALIDITY, ENFORCEABILITY, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT NON-INFRINGEMENT OF ANY COURSE OF DEALING INTELLECTUAL PROPERTY RIGHTS IT PROVIDES OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND LICENSES TO THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAWUNDER THIS AGREEMENT.

Appears in 1 contract

Samples: Collaboration and License Agreement (Rexahn Pharmaceuticals, Inc.)

Disclaimer. THE WARRANTIES SET FORTH EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 6 ARE THE ONLY AGREEMENT AND SUBJECT TO ANY NON-EXCLUDABLE LAW, NEITHER PARTY MAKES ANY WARRANTIES CONCERNING THE SAAS SERVICES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR THIS AGREEMENT MADE BY ACCENTUREOTHERWISE, AND ARE MADE EXPRESSLY IN LIEU OF EACH PARTY SPECIFICALLY DISCLAIMS ALL OTHER IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER AND SUBJECT TO ANY NON-EXCLUDABLE LAW, WE DO NOT MAKE, GIVE OR PROVIDE ANY REPRESENTATION, UNDERTAKING, WARRANTY OR GUARANTEE IN RELATION TO ANY SERVICES WE PROVIDE, INCLUDING IN RELATION TO THE RESULTS OR OUTCOMES THAT WILL OR MAY BE ACHIEVED OR OBTAINED FROM USE OF ANY SUCH SERVICES, ACCESS TO AND RELIABILITY OF THE SERVICES INCLUDING TIMELINES AND AVAILABILITY, FREEDOM FROM DEFECTS IN ANY SOFTWARE USED, FAILURES IN ANY TELECOMMUNICATIONS OR OTHER MEANS OF CONNECTION TO ANY SUCH SERVICES AND LOSS AND CORRUPTION OF YOUR DATA IN THE COURSE OF PERFORMING ANY SUCH SERVICES.

Appears in 1 contract

Samples: Agworld Master Subscription Agreement

Disclaimer. THE EXCEPT AS EXPRESSLY PROVIDED IN SECTION 13 (REPRESENTATIONS AND WARRANTIES), NEITHER PARTY MAKES ANY WARRANTIES SET FORTH IN THIS SECTION 6 ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES OF ANY KIND WHETHER EXPRESS, IMPLIED, STATUTORY OR THIS AGREEMENT MADE BY ACCENTUREOTHERWISE, AND ARE MADE EXPRESSLY IN LIEU OF SPECIFICALLY DISCLAIMS ALL OTHER IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITYTITLE, SATISFACTORY QUALITYNON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WITH RESPECT TO WARRANTIES REGARDING TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, EACH PARTY’S ONLY OBLIGATION WITH RESPECT TO NON-INFRINGEMENT SHALL BE THE INDEMNIFICATION OBLIGATIONS SET FORTH BELOW IN SECTION 15 (INDEMNIFICATION). WITHOUT LIMITING THE FOREGOING PROVISIONS, CAPACITY MAKES NO WARRANTY THAT THE PLATFORM OR SERVICES WILL BE ERROR-FREE, VIRUS FREE, OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PLATFORM OR SERVICES WILL SATISFY SUBSCRIBER’S SPECIFIC REQUIREMENTS OR BE COMPATIBLE WITH SUBSCRIBER’S HARDWARE OR SOFTWARE CONFIGURATION OR THAT INACCURACIES OR ERRORS WILL BE CORRECTED.

Appears in 1 contract

Samples: Capacity – Services Agreement

Disclaimer. THE WARRANTIES EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6 ARE AGREEMENT, THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES OR THIS AGREEMENT MADE BY ACCENTURETECHNOLOGY, MATERIALS, SERVICES, AND INTELLECTUAL PROPERTY RIGHTS PROVIDED BY NORD SIGNUM HEREUNDER ARE MADE EXPRESSLY IN LIEU OF ALL OTHER PROVIDED AS IS AND NEITHER PARTY MAKES ANY WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT WITH RESPECT TO THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE SUBJECT MATTER OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGEDTHIS AGREEMENT, AND INCLUDING ANY EACH PARTY EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYNONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY IMPLIED WARRANTIES ARISING OUT OF ANY FROM COURSE OF DEALING OR USAGE OF TRADEPERFORMANCE. EACH PARTY, ITS AFFILIATES NORD SIGNUM AND ITS LICENSORS DISCLAIM ALLSUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE OTHER PARTY AGREES FUNCTIONALITY PROVIDED BY NORD SIGNUM WILL BE CORRECT, UNINTERRUPTED OR ERROR-FREE OR THAT IT IS DEFECTS WILL BE CORRECTED. NORD SIGNUM DOES NOT ENTITLED WARRANT THE RESULTS OF USE OF NORD SIGNUM OR THE AMOUNT OF REVENUE COMPANY WILL BE ABLE TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAWDERIVE IN CONNECTION THEREWITH.

Appears in 1 contract

Samples: assets-global.website-files.com

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WARRANTIES SET FORTH IN THIS SECTION 6 LICENSED SERVICES ARE THE ONLY WARRANTIES CONCERNING THE SAAS SERVICES PROVIDED ON AN AS-IS BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR THIS AGREEMENT MADE BY ACCENTUREOTHERWISE, AND ARE MADE EXPRESSLY IN LIEU OF IMPARTNER SPECIFICALLY DISCLAIMS ALL OTHER IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONSINCLUDING, EXPRESS OR IMPLIEDWITHOUT LIMITATION, INCLUDING ANY WARRANTY THAT THE SAAS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CLIENT CONTENT OR THIRD PARTY COMPONENTS OR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, AND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYNON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. EACH PARTY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ALL, AND THE OTHER PARTY AGREES THAT IT IS NOT ENTITLED TO ANY EQUITABLE OR IMPLIED INDEMNITIES. THESE DISCLAIMERS SHALL ONLY APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IMPARTNER DOES NOT WARRANT THAT THE LICENSED SERVICES WILL SATISFY CUSTOMER'S REQUIREMENTS OR (WITHOUT LIMITING THE PERFORMANCE WARRANTY ABOVE) THAT IT IS WITHOUT DEFECT OR ERROR OR THAT CUSTOMER'S ACCESS THERETO WILL BE UNINTERRUPTED. IN ADDITION, EACH PARTY AGREES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY OR ANY OTHER INFORMATION OF ANY KIND MADE BY OR PROVIDED BY THE OTHER PARTY, OR ANY OTHER PERSON ON SUCH PARTY’S BEHALF.

Appears in 1 contract

Samples: Master Services Agreement

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