Warranties and Disclaimers. There are no warranties, express or implied, made by the Company herein, except for the limited warranty against defects in materials set forth in the following paragraph. The Company warrants that the Products shall meet the standard written specifications of the Company in effect as of the date of delivery. This limited warranty is expressly in lieu of any other warranties, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose. The Products subject to the Contract are not warranted as suitable for any particular purpose particular to Buyer. The suitability of Products for any purpose particular to Buyer is for Buyer, in Buyer’s sole judgment, to determine. The Company assumes no responsibility for the selection or furnishing of Products suitable to the individual needs and purposes of Buyer. No claim of any kind against the Company shall exceed the Price of the Products that has actually been paid to the Company under the Contract; provided further that the size of any claim shall be limited in amount to the Price of the particular Order of Products and/or the Price of the actual quantity of Products delivered for which the Buyer is making a claim. The remedy hereby provided shall be the sole and exclusive remedy of Buyer; and any right of the Buyer to loss of profits or for special, indirect, incidental, exemplary, punitive or consequential damages of any kind is hereby excluded. No charges or expenses incident to any claims will be allowed unless approved in writing by an authorized representative of the Company.
Warranties and Disclaimers. It is understood that Tatum does not have a contractual obligation to the Company other than to provide the Employee to the Company and to provide the Employee access to Tatum’s intellectual capital to be used in connection with the Employee’s employment relationship with the Company. The Company acknowledges that any information, including any resources delivered through Tatum’s proprietary information and technology system, will be provided by Tatum as a tool to be used in the discretion of the Company. Tatum will not be responsible for any action taken by the Company in following or declining to follow any of Tatum’s or the Employee’s advice or recommendations. Tatum represents to the Company that Tatum has conducted its standard screening and investigation procedures with respect to the Employee becoming a member of Tatum, and the results of the same were satisfactory to Tatum. Tatum disclaims all other warranties, whether express, implied or statutory. Without limiting the foregoing, Tatum makes no representation or warranty as to the services provided by the Employee, or the accuracy or reliability of reports, projections, certifications, opinions, representations, or any other information prepared or made by Tatum or the Employee (collectively, the “Information”) even if derived from Tatum’s intellectual capital, and Tatum will not be liable for any claims of reliance on the Information or that the Information does not comply with federal, state or local laws or regulations. The services provided by Tatum hereunder are for the sole benefit of the Company and not any unnamed third parties. The services will not constitute an audit, review, or compilation, or any other type of financial statement reporting or attestation engagement that is subject to the rules of the AICPA or other similar state or national professional bodies and will not result in an opinion or any form of assurance on internal controls.
Warranties and Disclaimers. Each party represents and warrants that it has the full right, power, and authority to enter into and perform under this Agreement. ALL INFORMATION IS FURNISHED “AS IS”. EXCEPT AS SET FORTH IN THIS SECTION, EACH PARTY DISCLAIMS ANY AND ALL TYPE OF WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE INFORMATION IT PROVIDES UNDER THIS AGREEMENT.
Warranties and Disclaimers. SOG WARRANTS THAT IT OWNS OR CONTROLS THE OWNERSHIP RIGHTS IN THE DATA GRANTED IN THIS LICENSE AGREEMENT AND HAS FULL AUTHORITY AND POWER TO GRANT TO THE COMPANIES THE DATA USE RIGHTS, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH THE DATA. THE DATA DELIVERED HEREUNDER WILL BE, TO SOG’S KNOWLEDGE, INFORMATION, AND BELIEF, ACQUIRED AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES OF THE GEOPHYSICAL PROFESSION. HOWEVER, EACH COMPANY ACKNOWLEDGES IT IS ACCEPTING ALL DATA SUBJECT TO THIS LICENSE AGREEMENT “AS IS” AND SOG MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY OR USEFULNESS OF SUCH DATA AND ANY IMPLIED WARRANTIES OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. SUCH DATA IS DELIVERED HEREUNDER WITH THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY THAT ANY ACTION TAKEN OR EXPENDITURE MADE BY SUCH COMPANY OR ANY PERSON OR ENTITY PERMITTED ACCESS TO THE DATA IN ACCORDANCE WITH THIS LICENSE WILL BE AT SUCH PARTY’S SOLE RISK AND NEITHER COMPANY NOR ANY OTHER SUCH PARTY WILL HAVE ANY CLAIM AGAINST AND EACH HEREBY RELEASES SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOF, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN OR IN THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUAL, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR IN THE SERVICES AGREEMENT, SOG SHALL NOT BE LIABLE TO A COMPANY OR ANY OTHER PARTY FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF SUCH COMPANY’S OR ANY OTHER PARTY’S POSSESSION, CONTROL OR USE OF THE DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT OR BUSINESS INTERRUPTION, HOWEVER SAME MAY BE CAUSED. Geophysical Seismic Date Use License
Warranties and Disclaimers. 8.l 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. 8.2 AvantGo Warranties. AvantGo warrants and represents that: (i) it has ------------------ sufficient authority to enter into this Agreement; (ii) all materials delivered by AvantGo to McKesson, excluding Content provided by McKesson (directly or through third parties), ("AvantGo Content") are owned or licensed by AvantGo and do not infringe the copyrights, trademarks or service marks of any third party; (iii) to the best of its knowledge, any and all actions occurring on or through the AG Site and the AG Service are in compliance with all applicable laws; (iv) as of the Effective Date the AG Service has approximately 350,000 registered Subscribers; and (v) AvantGo has submitted its privacy statement for review and approval by the TRUST-E privacy program, and, once approved, AvantGo shall remain in good standing or be a member in good standing of another industry- recognized online privacy organization throughout the term of this...
Warranties and Disclaimers. Roboti warrants that it has the legal right to grant this License to XXX and that to the best of its knowledge such license does not infringe on any third party's intellectual property rights. Roboti warrants that it is not aware of any lawsuits filed or pending or any dispute related to the MuJoCo Pro Software.Roboti warrants that all third-party software incorporated in MuJoCo Pro is listed in the file REFERENCE.txt available in the software distribution, and is used in compliance with its corresponding license. Roboti warrants that open-source software licensed under GPL or related license is not and will not be incorporated in MuJoCo Pro, unless such license has been modified to allow use in proprietary software distributed as binary only.Roboti warrants that the MuJoCo Pro Software will perform substantially in accordance with the online documentation as set forth in Paragraph 3. If the MuJoCo Pro Software does not perform as warranted, XXX's exclusive remedy shall be to notify Roboti, and Roboti shall, at its sole option, either refund the prorated License Fee or repair or replace the MuJoCo Pro Software within 30 days.Roboti warrants that the source code it has developed and incorporated in the MuJoCo Pro Software is free of viruses, spyware, malware and other harmful components. However, it is impossible to guarantee that the Website, servers and third-party software components being used will always be free of harmful components. Therefore, ROBOTI DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SERVERS OR SOFTWARE ARE FREE OF VIRUSES, SPYWARE, MALWARE OR OTHER HARMFUL COMPONENTS. XXX shoulduse industry recognized software to detect and disinfect viruses, spyware, malware, and other harmful or otherwise undesirable components from any downloads.The warranties set forth in this Agreement apply only to the latest release of the MuJoCo Pro Software. These warranties will be void if failure of the MuJoCo Pro Software results from misuse, casualty loss, use or combination of the MuJoCo Pro Software with any products, goods, services or other items furnished or recommended by anyone other than Roboti or any modification not made by or for Roboti.Roboti does not warrant that the operation of the MuJoCo Pro Software will be uninterrupted or error free. Computer software is inherently subject to bugs and potential incompatibility with other computer software and hardware.ROBOTI SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT N...
Warranties and Disclaimers. 6.1Seller hereby represents and warrants as follows:(i)Seller owns, and will convey to Purchaser at Closing, good and marketable title to the Aircraft, free and clear of any and all Liens of any kind or nature whatsoever except for Liens arising by, through or under Purchaser.(ii)Seller has the power to enter into and perform this Agreement, the execution and delivery of which has been duly authorized by all necessary legal action.(iii)This Agreement constitutes valid and binding obligations of Seller, enforceable in accordance with its terms, except as the same may be limited by applicable bankruptcy or insolvency laws or the rights of creditors generally.(iv)No suit, action, arbitration, or legal, administrative, or other proceeding or governmental investigation is pending or, to Seller’s knowledge, threatened against or affecting it or Seller’s business or properties, its financial or other condition, or the transactions contemplated under this Agreement.(v)No consent or approval of any other person or governmental authority is necessary for this Agreement to be effective against Seller.(vi)Neither the execution nor delivery of this Agreement nor the consummation of the transactions contemplated thereby would constitute a default or violation of Seller’s charter documents, or any license, lease, franchise, mortgage, instrument, or other agreement to which Seller is a party.6.2 Purchaser hereby represents and warrants and agrees as follows: (i)Purchaser has the power to enter into and perform this Agreement, the execution and delivery of which has been duly authorized by all necessary legal action.(ii)This Agreement constitutes valid and binding obligations of Purchaser, enforceable in accordance with its terms, except as the same may be limited by applicable bankruptcy or insolvency laws or the rights of creditors generally.(iii)No suit, action, arbitration, or legal, administrative, or other proceeding or governmental investigation is pending or threatened against or affecting Purchaser, its business or properties, its financial or other condition, or the transactions contemplated under this Agreement.(iv)No consent or approval of any other person or governmental authority is necessary for this Agreement to be effective against Purchaser.(v)Neither the execution nor delivery of this Agreement nor the consummation of the transactions contemplated thereby would constitute a default or violation of Purchaser’s charter documents, or any license, lease, fra...
Warranties and Disclaimers. Attached to this Agreement is Exhibit B which is a copy of the limited warranty on the Product provided by the Manufacturer and TF. Distributor is not authorized on behalf of the Manufacturer or TF to expand or attempt to expand such warranty or the liabilities for any breach of that warranty. If defective units are returned to Distributor, the Distributor will report such to TF and will hold such units until TF notifies Distributor as to where to ship or dispose of such units at TF's expense. TF will replace all defective units as part of next monthly purchase shipment to Distributor.
Warranties and Disclaimers. Auction Frogs provides this website “As Is,” without warranty of any kind, express of implied, including, but not limited to:
Warranties and Disclaimers. ENERJEX WILL NOT BE RESPONSIBLE FOR ANY ACTION TAKEN BY THE COMPANY IN FOLLOWING OR DECLINING TO FOLLOW ANY OF ENERJEX'S ADVICE OR RECOMMENDATIONS. THE SERVICES PROVIDED BY ENERJEX HEREUNDER ARE FOR THE SOLE BENEFIT OF THE COMPANY AND NOT ANY UNNAMED THIRD PARTIES.