Warranty of Noninfringement Sample Clauses

Warranty of Noninfringement. Vendor warrants that, at the time of delivery, a Product shall not infringe the patent rights or copyrights of any other Person. This warranty shall not apply to any infringement resulting from either: (1) operation or use of the Product with Hardware, Software or equipment not provided by Vendor; (2) operation or use of the Product other than in accordance with the Specifications therefore; or (3) alteration or modification of the Product by Customer or any other Person other than Vendor. Comment: The only warranty that Vendor provides is that the Software will not infringe patent or copyrights. Please note that the Vendor provides no warranty whatsoever for defective software, or other malfunction. Would you purchase a new car or other “big ticket item” without a warranty? Probably not. Similarly, why should clinics pay literally hundreds of thousands of dollars (or more) for complex, potentially problematic software which has no warranty? They should not. Nevertheless, it is very common for vendor license agreements to disclaim all warranties, and to state that the software is licensed “as-is,” meaning that all risk of Warranty Disclaimer. Except as provided in Section 4.1 above, or except to the extent a warranty of a manufacturer other than Vendor may apply, ALL PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VENDOR EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA INTEGRITY, ERROR-FREE OPERATION, OR UNINTERRUPTED SERVICE.
Sample 1
AutoNDA by SimpleDocs
Warranty of Noninfringement. Subject to Section 3.2, Seller warrants to Purchaser that the Carbon Cold Cathodes as delivered to Purchaser and when properly used for the purpose and in the manner specifically set forth in the Technical Field do not infringe any United States patent existing at the time of the Effective Date.
Sample 1
Warranty of Noninfringement. NECTAR warrants that the Licensed Software does not infringe the copyright, trademark, trade secret or any other proprietary right, or the right to privacy, of any third party, and further warrants that the Licensed Software does not contain any defamatory, libelous or unlawful material. NECTAR agrees to defend, indemnify and hold harmless Siboney from and against any third-party claims, demands, liabilities, suits, proceedings and costs, including attorneys fees, incurred by Siboney arising from any alleged breach of the warranty of NECTAR under this section.
Sample 1
Warranty of Noninfringement. Seller represents and warrants that no intellectual property right in any country, which is owned by, controlled by, or licensed to any third party, has been or would be infringed or misappropriated by the practice of Patent Rights or export, offer for sale, or sale of Product by Purchaser.
Sample 1
Warranty of Noninfringement. To VENDOR's knowledge, the Products do not incorporate or infringe upon any copyright, patent, trademark, service mark, xxade name, trade secret, idea, process, know-how, development, invention, technology, or other form of intellectual property (collectively "Intellectual Property") not owned by or licensed to VENDOR. If VENDOR becomes aware of any alleged or actual infringement by VENDOR of any Intellectual Property relating to the Products or their manufacture, VENDOR will promptly notify LEICA thereof.
Sample 1

Related to Warranty of Noninfringement

  • Noninfringement The Goods, Services, Deliverables, and Contractor’s performance under this Agreement do not infringe, or constitute an infringement, misappropriation or violation of, any third party’s intellectual property right.

  • Exclusion of Implied Warranties etc This Agreement expressly excludes any warranty, condition or other undertaking implied at law or by custom or otherwise arising out of any other agreement between the Parties and any representation by any Party not contained in a binding legal agreement executed by the Parties.

  • Warranty of Quality 16.1 The Seller furnishes a Warranty of Quality in respect of the unit, including both latent and patent defects, as set out in Section 56 of the Consumer Protection Act 68 of 2008, and warrants that the unit shall be:

  • Disclaimer of Implied Warranties The warranty set forth herein is in lieu of, and ‘Reseller’ expressly disclaims all other product warranties of any kind whatsoever whether express, implied, statutory, arising by course of dealing or performance, custom, usage in the trade or otherwise, any warranty of merchantability, or fitness for a particular purpose, and in any event no such implied warranty has applicability beyond the time period covered by this warranty.

  • Implied Warranties DAS does not disclaim, exclude or modify the implied warranty of fitness for a particular purpose or the warranty of merchantability.

  • Warranty of Services Contractor warrants that the services provided conform to the contract requirements, including all descriptions, specifications and attachments made a part of this contract. The Department’s acceptance of services provided by Contractor shall not relieve Contractor from its obligations under this warranty. In addition to its other remedies under this contract, at law, or in equity, the Department may, at Contractor's expense, require prompt correction of any services failing to meet Contractor's warranty herein. Services corrected by Contractor shall be subject to all the provisions of this contract in the manner and to the same extent as services originally furnished.

  • No Implied Warranties To the extent permitted by law, these warranties are exclusive and there are no other express or implied warranties or conditions, including warranties or conditions of merchantability and fitness for a particular purpose.

  • Exclusion of Other Warranties EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Intel does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software.

  • Breach of Representations or Warranties Any representation or warranty made by the Borrower to the Lenders or the Administrative Agent under this Agreement, or any certificate or information delivered in connection with this Agreement, shall be false in any material respect when made or deemed made.

  • Other Warranties EXCEPT AS EXPRESSLY SET FORTH HEREIN, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PHYSICAL CONDITION OF THE ASSET, OR ANY OTHER MATTER AND, IN PARTICULAR, SELLER MAKES NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Time is Money Join Law Insider Premium to draft better contracts faster.