Licensor Warranty. Licensor represents and warrants that: (i) the Licensor Technology, *, and Server Products (the "WARRANTY PRODUCTS") operate and will operate substantially in accordance with the specifications set forth in Licensor's documentation therefor; (ii) the Warranty Products and the sue thereof as contemplated by this First Amendment do not infringe xx misappropriate any copyright, trade secret, publicity, privacy, or, to Licensor's knowledge, other rights of any third party; (iii) Licensor has the sole and exclusive right to grant the rights and licenses contemplated by this First Amendment, without the need for any consents, approvals or immunities not yet obtained; (iv) Licensor has full power to enter into this First Amendment, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder; (v) to the best of Licensor's knowledge as of the Amendment Effective Date, the Warranty Products do not infringe any patent rights of any third party; and (vi) Licensor does not know of any actual, alleged, pending, or threatened third party claim of infringement of misappropriation of any intellectual property rights of a third party.
Licensor Warranty a) Subject to clauses Where conditions, warranties or other rights for your benefit are implied in this License or otherwise conferred by the Trade Practices Act of the relevant country and it is not lawful to exclude them, then those conditions, warranties and other rights will (but only to the extent required by law) apply to this License. Other than as set out in this License, all implied conditions, warranties and rights are excluded from this License., the Software is provided "as is" and without any representations by the Licensor or any of its authorised distributors regarding the use, performance or results of the use, of the Software.
Licensor Warranty. 3.1 Subject to clause 3.2 Licensor warrants to Licensee that:
Licensor Warranty. 10.1. Licensor hereby excludes any obligation or liability under this Agreement (except to the extent that Licensor at its discretion decides to assume such obligation or liability) if: (i) the Software has been altered, modified, or serviced other than by or with the approval of Licensor; or (ii) the Software has been improperly installed or used in a manner other than as specified in the Documentation.
Licensor Warranty. The Licensor warrants to the Licensee that the Licensor has the right to grant the License and that the Licensor has not granted and shall not grant any license or licenses to any Person in conflict with the License granted to the Licensee herein.
Licensor Warranty. Pursuant to the terms of this Agreement and your purchased license, we warrant that the Licensed Content will not infringe on any copyright, or intellectual property rights of any third party. YOU UNDERSTAND AND AGREE THAT ANY AND ALL LICENSED CONTENT IS PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT NOR GUARANTEE THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE LICENSEE BEARS ALL RISK FOR USE OF SAID CONTENT. SHOULD THE CONTENT PROVE DEFECTIVE, YOU ASSUME ALL RISK AND COST FOR CORRECTIONS. Intellectual Property Licensed Material and all Icons are owned by Vectto and are protected by U.S. Copyright law, as well as laws related to intellectual property rights. No title or intellectual property rights to the Licensed Content are transferred or assigned to the Licensee. Licensor retains all rights not expressly granted by this License Agreement. Some of the Licensed Material may contain copyrighted content such as trademarks, design marks, trade names, business names, service marks, and logos and/or movie characters. These icons shall be used in accordance with accepted trademark practice, as well as a professional standard of care. Limited Liability AT NO TIME SHALL ANY OF OUR REPRESENTATIVES, AFFILIATES, CONTENT PROVIDERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, OR OTHER PROCEEDING ARISING UNDER THE TERMS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. NO ACTION, REGARDLESS OF FORM OR NATURE, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY OR ON BEHALF OF YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION FIRST AROSE. WE SHALL NOT BE LIABLE AT ANY TIME FOR ANY DAMAGES, COSTS OR LOSSES ARISING AS A RESULT...
Licensor Warranty. Licensor warrants that it has the power and authority to enter into this Agreement and has no knowledge as to any third party claims regarding the proprietary rights in the Licensed Technology or Licensed Xxxx which would interfere with the rights granted under this Agreement.
Licensor Warranty. Licensor represents and warrants that, as of the Effective Date:
Licensor Warranty. Licensor hereby warrants that it has no commitment, express or implied, with any other person, firm or corporation which is in conflict with the terms, conditions and understandings contained in this Agreement. Licensor warrants that it has all of the rights necessary to enter into this Agreement and to make the grant therein contained.
Licensor Warranty. UVA LVG hereby represents and warrants to BeHealth that it is, to the best of UVA LVG’s knowledge, the owner of all Licensed Rights, except as indicated in the Intellectual Property Ownership paragraphs hereinabove, free and clear of any claims or encumbrances, except as indicated in the Government Rights and the Reservation by Licensor paragraphs hereinabove, and has the exclusive right to grant the licenses provided herein.
