Negation of Warranty. 10.1 CBA makes no representation other than those specified in this Agreement. In particular, CBA MAKES NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF DATA OR TECHNICAL INFORMATION DERIVED FROM THIS RESEARCH PROJECT OR OF ANY TANGIBLE OR INTANGIBLE PROPERTY OR PROPERTY RIGHT.
Negation of Warranty. The above warranty shall be negated by (a) the use of the Software by any user not a permitted user, (b) Licensee's use of the Software in a manner not permitted by this Agreement, (c) Licensee's unauthorized use of the Software in conjunction with third party software not expressly approved by Licensor, or (e) installation or use of the Software in an environment other than the Designated Operating Environment.
Negation of Warranty. THE LICENSED PRODUCT IS PROVIDED ON AN “AS-IS” AND “WITH ALL FAULTS” BASIS, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. LICENSEE SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, EFFICIENCY AND SUITABILITY OF THE LICENSED PRODUCT FOR THE LICENSED COMPANIES AND LICENSOR SHALL HAVE NO LIABILITY THEREFOR.
Negation of Warranty. THE COMPANY MAKES NO EXPRESS WARRANTIES REGARDING THE SERVICES PROVIDED UNDER THIS AGREEMENT, OR THAT THE SOFTWARE WILL MEET OR CONTINUE TO MEET THE SPECIFICATIONS, OR THAT ANY OR ALL ERRORS, MALFUNCTIONS, AND DEFECTS CAN OR WILL BE CORRECTED. ALL CORRECTIONS, PROGRAMS, INFORMATION, AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND THERE ARE NO EXPRESS WARRANTIES MADE UNDER THIS AGREEMENT. STATE LAW MAY GRANT THE END USER CERTAIN IMPLIED WARRANTIES WHICH ARE NOT AFFECTED BY THIS PROVISION.
Negation of Warranty. Except as otherwise specifically provided herein, Company does not warrant the Services performed hereunder or the accuracy or correctness of the performance or results of the Services or that the Services shall be uninterrupted, error-free or completely secure, and there are no warranties made by Company, express or implied, including, but not limited to, warranties of merchantability or fitness for any particular purpose. Any interruption of Services, not caused by Customer, resulting in Customer's inability to conduct its business in the AccessColocenter in whole or in part shall entitle Customer to a pro rata abatement of the Monthly Service Charges and Additional Service Charges payable for each day Services are interrupted in excess of two (2) days in any one (1) month, or five (5) days in any calendar year, or ten (10) days during the Term, provided, however, in the event any interruption of Services continues for more than thirty (30) consecutive days, Customer shall have the right to terminate this Agreement.
Negation of Warranty. Company acknowledges that nothing in this Agreement will be construed as:
Negation of Warranty. While Accelr8 shall make every effort to deliver optimized Prototypes, Accelr8 does not warrant any specific results of the efforts performed hereunder, or the performance of the Prototype Samples.
Negation of Warranty. No representation or warranty has been or is made by Licensor that the Processes and Reagents may be used, assigned or sub-licensed free of infringement of patent rights or other proprietary rights of others; it being understood that Licensor shall not be liable for any loss, damage, or expense arising from any claim of patent or other propriety right infringement.
Negation of Warranty. Licensee acknowledges that nothing in this Agreement will be construed as:
Negation of Warranty. No representation or warranty has been or is made by LICENSOR that LICENSEE's Product or parts or subassemblies thereof may be manufactured, used, sold, or leased free of infringement of patent rights or other proprietary rights of others; it being understood that LICENSOR shall not be liable for any loss, damage, or expense arising from any claim of patent or other proprietary right infringement upon the manufacture, use, lease, or sale of LICENSEE's Product or any portions thereof or the exercise of any license or right under this Agreement.
