Common use of No Warranty; No Implied Rights Clause in Contracts

No Warranty; No Implied Rights. Nothing in this Agreement shall be construed as: (a) a warranty or representation by Licensor as to the validity, enforceability or scope of any patent; (b) a warranty or representation that the exercise of the license hereunder or the Exploitation of any Licensed Product pursuant to this Agreement is or will be free from infringement of patents or other intangible rights of Third Parties; or a warranty or representation that the practice (or Exploitation of Licensed Products) under the Licensed Patents or Covenanted Patents is or will be free from infringement of patents of Third Parties; (c) an obligation by Licensor to file any patent application, secure any patent, or maintain any patent in force; (d) any obligation of Licensor to prosecute, enforce or sublicense its patent rights to (or against) Third Party infringers; (e) except as expressly set forth herein, conferring upon Licensee the right to use in advertising, publicity or otherwise, in any form, the name of, or any trademark or trade name of, Licensor or any of its Affiliates; (f) granting by implication, estoppel, or otherwise, any license, immunity or rights under patents, trade secrets, know-how, copyrights, or other intangible rights of Licensor other than the express licenses granted under the Licensed Patents pursuant to Article 2 and the express covenant not to xxx granted with respect to the Covenanted Patents pursuant to Article 5, regardless of whether any such patent or intangible right is dominant or subordinate to the patents under which rights are granted in this Agreement; (g) an obligation to furnish any know-how; or (h) creating any agency, partnership, joint venture or similar relationship between Licensor and Licensee.

Appears in 4 contracts

Samples: Instrument Patent License Agreement, Real Time Instrument Patent License Agreement (Celera CORP), Instrument Patent License Agreement (Celera CORP)

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