McKesson Warranties. McKesson warrants and represents that: (i) it has ------------------- sufficient authority to enter into this Agreement; (ii) all materials originating with McKesson or identified by McKesson as "McKesson Content" and delivered by McKesson to AvantGo, excluding content provided by AvantGo (directly or through third parties), are owned or licensed by McKesson and do not infringe the copyright, trademarks or service marks of any third party; (iii) McKesson will not knowingly upload or permit or authorize any upload of any messages, data, images or programs to the Health Category that would violate the property rights of others, including unauthorized copyrighted text, images, programs or trade secrets or other confidential and/or proprietary information, or trademarks or service marks used in an infringing fashion; and (v) the McKesson Content, to the best of McKesson's knowledge, is factually accurate and does not contain any information, instruction or formula that might be injurious to anyone's physical well-being, and that it does not, and its use by AvantGo as permitted in this Agreement will not, defame or disparage any third party. AvantGo's sole and exclusive remedy with respect to item (ii) relating to materials McKesson obtains from third parties is to obtain such relief as is actually obtained from the third party, up to the actual damages actually suffered by the party seeking recovery from AvantGo and AvantGo's defense costs, and McKesson will make diligent efforts to obtain appropriate relief.
McKesson Warranties. McKesson warrants that, at the time of sale to Customer: (a) McKesson has power to convey title to the Equipment, free of any security interests, liens and encumbrances; and (b) the Equipment is new, unless the parties agree to the contrary.
