For software. 2NDGEAR warrants that it is an authorized distributor of the Software and that following payment of the license fees, Customer will have the right to use the Software pursuant to the Software owner’s standard licensing terms and conditions. THE FOREGOING WARRANTIES ARE EXPRESSLY IN LIEU OF ANY OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND INTELLECTUAL PROPERTY NON- INFRINGEMENT, AND OF ANY OTHER OBLIGATION ON THE PART OF 2NDGEAR. CUSTOMER ACKNOWLEDGES THAT IT HAS MADE THE SELECTION OF THE EQUIPMENT, SOFTWARE, AND SERVICES BASED ON ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS ANY RELIANCE UPON STATEMENTS MADE BY 2NDGEAR.
Appears in 2 contracts
Sources: Sales and Services Agreement, Sales & Services Agreement