Warranties, Representations, and Indemnification a. Licensee hereby agrees that Licensor has not made any guarantees or promises that the Beat fits the particular creative use or musical purpose intended or desired by the Licensee. The Beat, its sound recording, and the underlying musical composition embodied therein are licensed to the Licensee “as is” without warranties of any kind or fitness for a particular purpose.
Warranties, Representations, and Indemnification. Licensee hereby agrees that Licensor has not made any guarantees or promises that the Beat fits the particular creative use or musical purpose intended or desired by the Licensee. The Beat, its sound recording, and the underlying musical composition embodied therein, are licensed to the Licensee “as is” without warranties of any kind or fitness for a particular purpose. Licensor warrants and represents that he has the full right and ability to enter into this agreement, and is not under any disability, restriction, or prohibition with respect to the grant of rights hereunder. Licensor warrants that the manufacture, sale, distribution, or other exploitation of the New Song hereunder will not infringe upon or violate any common law or statutory right of any person, firm, or corporation; including, without limitation, contractual rights, copyrights, and right(s) of privacy and publicity and will not constitute libel and/or slander. Licensee warrants that the manufacture, sale, distribution, or other exploitation of the New Song hereunder will not infringe upon or violate any common law or statutory right of any person, firm, or corporation; including, without limitation, contractual rights, copyrights, and rights of privacy and publicity and will not constitute libel and/or slander. The foregoing notwithstanding, Licensor undertakes no responsibility whatsoever as to any elements added to the New Song by Licensee, and Licensee indemnifies and holds Licensor harmless for any such elements. Licensor warrants that he did not “sample” (as that term is commonly understood in the recording industry) any copyrighted material or sound recordings belonging to any other person, firm, or corporation (hereinafter referred to as “Owner”) without first having notified Licensee. Licensee shall have no obligation to approve the use of any sample thereof; however, if approved, any payment in connection therewith, including any associated legal clearance costs, shall be borne by Licensee. Knowledge by Licensee that “samples” were used by Licensor which were not affirmatively disclosed by Licensor to Licensee shall shift, in whole or in part, the liability for infringement or violation of the rights of any third party arising from the use of any such “sample” from Licensor to Licensee. Parties hereto shall indemnify and hold each other harmless from any and all third party claims, liabilities, costs, losses, damages or expenses as are actually incurred by the non-defaulting par...
Warranties, Representations, and Indemnification. Licensee hereby agrees that Licensor has not made any guarantees or promises that the Beat fits the particular creative use or musical purpose intended or desired by the Licensee. The Beat, its sound recording, and the underlying musical composition embodied therein are licensed to the Licensee “as is” without warranties of any kind or fitness for a particular purpose. {SAMPLES_DEFINITION} Parties hereto shall indemnify and hold each other harmless from any and all third party claims, liabilities, costs, losses, damages or expenses as are actually incurred by the non-defaulting party and shall hold the non-defaulting party, free, safe, and harmless against and from any and all claims, suits, demands, costs, liabilities, loss, damages, judgments, recoveries, costs, and expenses; (including, without limitation, reasonable attorneys' fees), which may be made or brought, paid, or incurred by reason of any breach or claim of breach of the warranties and representations hereunder by the defaulting party, their agents, heirs, successors, assigns and employees, which have been reduced to final judgment; provided that prior to final judgment, arising out of any breach of any representations or warranties of the defaulting party contained in this agreement or any failure by defaulting party to perform any obligations on its part to be performed hereunder the non-defaulting party has given the defaulting party prompt written notice of all claims and the right to participate in the defense with counsel of its choice at its sole expense. In no event shall Artist be entitled to seek injunctive or any other equitable relief for any breach or non-compliance with any provision of this agreement.
Warranties, Representations, and Indemnification a. Licensee acknowledges and agrees that Licensor has not made any representations or warranties that the Track will be suitable for the specific creative use or musical purpose that Licensee has in mind or desires. The Licensee is granted an "as is" license to use the Track, its sound recording, and the underlying musical composition without any implied warranties or conditions about its suitability for a particular use.
Warranties, Representations, and Indemnification. 10.01. You hereby warrant and represent that:
Warranties, Representations, and Indemnification. 12.1 The Client warrants, represents and undertakes that:
Warranties, Representations, and Indemnification. 9.1. Exabyte represents and warrants that: it has all rights, title and/or interest necessary to grant the license and rights set forth in this Agreement and that software, to Exabyte's best knowledge, does not directly or indirectly violate or infringe any third party patents, copyrights or trade secrets; and the Product Documentation as provided by Exabyte is free and clear of all liens and encumbrances. THE PRODUCT DOCUMENTATION IS PROVIDED "AS-IS" AND EXCEPT AS STATED ABOVE THERE ARE NO OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION.
Warranties, Representations, and Indemnification. Renter hereby acknowledges that the rental Products are of a size, design and quantity selected by Renter and that RENT MY WEDDING has not made and does not make any representation, warranty, or covenant, express or implied, with respect to the condition, quality, durability, or suitability of the rental Product for Renter's specific uses or applications. RENT MY WEDDING will not be liable to Renter for any loss or damage caused directly or indirectly by the rental Products and rental service, by any inadequacy thereof, or defects therein. Renter will indemnify RENT MY WEDDING and hold harmless against any claim, action, damages, and liability, including attorney’s fees, arising out of or connected with Renter's use of the rental Products or Renter's use of RENT MY WEDDING rental service.
Warranties, Representations, and Indemnification a. Prod ucer warra nts a nd rep resents tha t he ha s the full rig ht a nd a b ility to enter into this a g reem ent, a nd is not und er a ny d isab ility, restriction, or p rohib ition with resp ect to the g ra nt of rig hts hereund er. Prod ucer warra nts tha t the m a nufa cture, sa le, d istrib ution, or other exploitation of the Ma sters hereund er will not infring e up on or viola te a ny com m on la w or sta tutory rig ht of a ny p erson, firm , or corp ora tion; includ ing , without lim ita tion, contra ctua l rig hts, cop yrig hts, a nd rig ht( s) of p riva cy a nd p ub lic ity a nd will not constitute lib el a nd / or sla nd er. Artist warra nts a nd rep resents tha t he ha s the full rig ht a nd a b ility to enter into this a g reem ent, a nd is not und er a ny d isa bility, restriction, or p rohib ition with resp ect to the g ra nt of rig hts hereund er. Artist warra nts tha t the m a nufa cture, sa le, distrib ution, or other exploitation of the Ma sters hereund er will not infring e up on or viola te a ny com m on la w or sta tutory rig ht of a ny p erson, firm , or corp ora tion; including , without lim ita tion, contra ctua l rig hts, copyrig hts, a nd rig ht( s) of p riva cy a nd p ublicity a nd will not constitute lib el a nd / or sla nd er. The foreg oing notwithstand ing , Prod ucer und ertakes no resp onsib ility wha tsoever a s to a ny elem ents a d d ed to the Ma sters b y Artist, a nd Artist ind em nifies a nd hold s Prod ucer ha rm less for a ny such elem ents. Prod ucer warra nts tha t he shall not "sa m p le" ( a s tha t term is com m only und erstood in the record ing ind ustry) a ny cop yrig hted m a teria l or sound record ing s b elong ing to a ny other p erson, firm , or corp ora tion ( hereina fter referred to a s "Owner") without first having notified Artist a nd ob ta ining Artist's consent. Artist shall ha ve no ob lig a tion to ap p rove the use thereof; however, if a p p roved , a ny pa ym ent in connection therewith, includ ing a ny a ssocia xxx leg a l c xxx xx nce costs, shall constitute a n a d d itiona l record ing cost a nd expense a nd shall b e b orne b y Artist. Knowled g e b y Artist tha t "sa m p les" were used b y Prod ucer, which was not affirm a tively d isclosed by Prod ucer to Artist, sha ll shift, in whole or in p a rt, the lia b ility for infring em ent or xxxxx tion of the rig hts of a ny third p a rty a rising fro m the use of a ny such "sa m p le" from Prod ucer to Artist. At Artist's req uest, Pro...
Warranties, Representations, and Indemnification. 3.01 You warrant and represent the following:
