WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. 5.1 LICENSOR REPRESENTATIONS Licensor warrants that: (a.) it has the right to license the rights granted under this License Agreement to use the Licensed Materials; (b.) it has obtained any and all necessary permissions from third parties to license the Licensed Materials; (c.) use of the Licensed Materials by Authorized Users in accordance with the terms of this License Agreement shall not infringe the copyright or any other intellectual property rights of any third party; and (d.) all services and activities of the Licensor under this License Agreement will be conducted in accordance with industry standards.
WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. 8.1 Each party covenants, represents and warrants to the other that it has the right to enter into this Agreement, and to grant the licenses in Article 6.
WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. 10.1 Deadline warrants that:
WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. 14.1. The Service Provider shall exercise all reasonable skill, care and diligence in the execution of the Services and shall carry out all its obligations in accordance with international professional standards. The Service Provider shall in all professional matters act as a faithful advisor to COMPANY and, in so far as any of its duties are discretionary, act fairly between COMPANY and third parties.
WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. You recognize that the CHD System is to be used only as a reference aid by research professionals. It is not intended to be a substitute for the exercise of professional judgment by you. THE CHD SYSTEM IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WILEY AND SSSI NEITHER GIVE NOR MAKE ANY OTHER WARRANTIES OR REPRESENTATIONS UNDER OR PURSUANT TO THIS LICENSE. Wiley and SSSI do not warrant, guarantee or make any representations that the functions contained in the CHD System will meet your particular requirements or that the operation of the CHD System will be uninterrupted or error free. The entire risk as to the results and performance of the CHD System is assumed you. IN NO EVENT SHALL WILEY, SSSI, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE CHD SYSTEM OR CHD BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR INACCURACY OF DATA OF ANY KIND NOR FOR ANY LOST PROFITS, LOST SAVINGS, OR ANY OTHER DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO THE USE OR INABILITY TO USE THE CHD SYSTEM, EVEN IF WILEY, SSSI, OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY TO ANY CLAIM OR CAUSE WHATSOEVER WHETHER SUCH CLAIM OR CAUSE IS IN CONTRACT, TORT, OR OTHERWISE. The limited warranty set forth above is in lieu of all other express warranties, whether oral or written. The agents, employees and distributors of Wiley and SSSI are not authorized to modify this warranty, nor to make additional warranties binding on Wiley or SSSI. Accordingly, additional statements such as distributor representations, whether written or oral, do not constitute warranties of Wiley or SSSI and should not be relied upon as a warranty of Wiley or SSSI. The pricing of the CHD System reflects this allocation of the risk and limitations of liability contained in this clause; in no case shall Wiley's or SSSI's liability exceed the amount of the fee paid by the Licensee. You agree to indemnify and hold Wiley and SSSI and all of their officers, directors, employees, and agents, as well as all those individuals or organizations providing information for CHD as well as software incorporated into the Software, harmless from any and all claims of third parties resulting from or incidental to your use or operation of the ...
WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. 5.1 LICENSOR REPRESENTATIONS Licensor warrants that to Licensee and Members that: (a.) it has the right to license the rights granted under this License Agreement to use the Licensed Materials; (b.) it has obtained any and all necessary permissions from third parties to license the Licensed Materials; (c.) after making all reasonable enquiries with the authors of the content and obtaining assurances as to originality and copyright ownership from those authors, and to the best of its knowledge and belief, use of the Licensed Materials by Authorized Users in accordance with the terms of this License Agreement shall not infringe the copyright or any other intellectual property rights of any third party; and (d.) all services and activities of Licensor under this License Agreement will be conducted in accordance with industry standards. Irrespective of the cause or form of action, Licensor’s aggregate liability for any claims, losses, or damages arising out of any breach of this License Agreement shall in no circumstances exceed the Fee paid by Licensee or Members to Licensor under this License Agreement in respect of the term of this License Agreement during which such claim, loss or damage occurred. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies.
WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. 7.1. The Applicable Province(s)/Territory(ies) represent and warrant that they have the right to grant the rights to Clients specified in these Agreements.
WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. 5.1 LICENSOR REPRESENTATIONS Licensor warrants that: (a.) it has the right to license the rights granted under this License Agreement to use the Licensed Materials; (b.) it has obtained any and all necessary permissions from third parties to license the Licensed Materials; (c.) use of the Licensed Materials by Authorized Users in accordance with the terms of this License Agreement shall not infringe the copyright or any other intellectual property rights of any third party; and (d.) subject to the limitations of clause 5.3 below, all services and activities of the Licensor under this License Agreement will be conducted in accordance with industry standards.
WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. 10.1 RPSGB warrants that it is entitled to grant the rights granted herein and that the information contained in the Publications provided by it has been obtained from what it believes are reliable sources.
WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. The Service Provider shall exercise all reasonable skill, care and diligence in the execution of the Services and shall carry out all its obligations in accordance with international professional standards. The Service Provider shall in all professional matters act as a faithful advisor to COMPANY and, in so far as any of its duties are discretionary, act fairly between COMPANY and third parties. The Service Provider hereby accepts liability for and indemnifies and holds COMPANY harmless against all claims, demands, fines, penalties, actions, proceedings, judgments, damages, losses, costs, expenses, or other liabilities, caused whether negligently or otherwise, by the non-compliance of the Service Provider and/or its employees of their duties and obligations under this Agreement, in delict for breach of statutory duty or otherwise. COMPANY shall not be liable for any losses, damages, costs, claims and demands which the Service Provider may incur or sustain whilst carrying out or providing the tasks contemplated in this Agreement.
