Company Products and Services. The Company's products and services conform in all material respects with any specification, documentation, performance standard, representation or statement made or provided with respect thereto by or on behalf of the Company, and there has not been during the last three (3) years any claim made against the Company by any customer of the Company or by any other person alleging that any product or service of the Company (including each version thereof that has been licensed or otherwise made available by the Company to any person) does not conform in all material respects with any specification, documentation, performance standard, representation or statement made or provided by or on behalf of the Company, and, to the knowledge of each of the Company and the Shareholders, there is not a reasonable basis for any such claim. No material product liability or warranty claims have been communicated in writing to or threatened in writing against the Company. To the knowledge of the Company, the Company's products and services, as of the date hereof, during and after the calendar year 2000 A.D., include design, function and performance capabilities such that the Company's products and services shall not abnormally end and/or have invalid and/or incorrect results from and/or performance or functional degradation because of the then-current date. To the knowledge of the Company, the design and function of the Company's products and services ensure year 2000 A.D. functionality and include, but are not limited to, date data century recognition, calculations that accommodate same century and multi-century formulas and date values, and date data interface values that reflect the century. The Company makes no representations or warranties with respect to whether or not the products or services of any supplier (including licensors of software) to the Company are Year 2000 compliant or that the performance of such products, or the provision of such services, will not be interrupted by Year 2000 issues.
Company Products and Services. Each product manufactured, sold, leased or delivered by the Company or any Subsidiary has been in conformity in all material respects with all applicable contractual commitments and all express warranties, and neither the Company nor any Subsidiary has any material liabilities or obligations for replacement or repair thereof or other damages in connection therewith except as set forth on the 2007 Balance Sheet. Neither the Company nor any Subsidiary has any material liabilities or obligations arising out of any injury to persons or damage to tangible property as a result of the ownership, possession or use of any product manufactured, sold, leased or delivered by the Company or any Subsidiary.
Company Products and Services. 2.1. The Company may also make available to you, for your installation and use solely in connection with the Service, from time to time, a variety of software, data, consulting, support, services, other content and printed and electronic documentation (all such materials are referred to herein as the Company “Products and Services”).
2.2. Any Company Products and Services that are utilized in any manner must be maintained with any identifying information indicating that such Products and Services originated with the Company.
Company Products and Services. The products and services set forth on Exhibit C hereto constitute all products and services developed or being developed by or for the Company and marketed, licensed, sold, distributed or otherwise made commercially available by the Company as of the date of this Agreement.
Company Products and Services. Each type of product and service sold, leased or delivered by the Company or any of its subsidiaries has been in conformity in all material respects with all applicable contractual commitments and all express warranties.
Company Products and Services. (a) Each product manufactured, sold, leased or delivered by the Company or any Subsidiary has been in conformity in all material respects with any applicable Law. Neither the Company nor any Subsidiary has any material liabilities or obligations for replacement or repair thereof or other damages in connection therewith. Neither the Company nor any Subsidiary has been required to file any notice or other report with, or provide information to, any product safety agency, commission, board or other Governmental Authority concerning actual or potential hazards with respect to any product manufactured by the Company or any Subsidiary other than routine filings required of all manufacturers similarly situated. Neither the Company nor any Subsidiary has any material liabilities or obligations arising out of any injury to persons or property as a result of the ownership, possession or use of any product manufactured, sold, leased or delivered by the Company or any Subsidiary.
(b) Since February 28, 2003 there have been no (i) recalls related to any product manufactured sold, leased or delivered by the Company or any Subsidiary, or (ii) withdrawals of any product manufactured sold, leased or delivered by the Company or any Subsidiary due to quality or safety issues.
Company Products and Services. 5.12 Company Property(ies)...............................................................................5.17
Company Products and Services. Except as set forth in Section 3.22 of the Company Disclosure Schedule, each product manufactured, sold, leased or delivered by the Company or any Subsidiary has been in conformity in all material respects with all applicable contractual commitments and all express and implied warranties, and neither the Company nor any Subsidiary has any material liabilities or obligations in excess of current reserves for replacement or repair thereof or other damages in connection therewith. Except as set forth in Section 3.22 of the Company Disclosure Schedule, neither the Company nor any Subsidiary has any material liabilities or obligations in excess of current reserves arising out of any injury to persons or property as a result of the ownership, possession or use of any product manufactured, sold, leased or delivered by the Company or any Subsidiary.
Company Products and Services. Section 2.14(c) of the Disclosure Schedule sets forth an accurate and complete list identifying: (i) all material Company Intellectual Property Rights that are not Company Registered Intellectual Property; and (ii) all Company Products and Services.
Company Products and Services. (i) Except for the warranties and indemnities contained in those contracts and agreements set forth in Section 2.14(l)(i) of the Disclosure Schedule and warranties implied by law which cannot be disclaimed, the Company has never given any warranties or indemnities relating to Company Products and Services sold or services rendered by the Company.
(ii) The Company has provided Parent a release schedule of Company Products and Services which schedule is included in Section 2.14(l)(ii) of the Disclosure Schedule. The Company has a good faith reasonable belief that it can achieve the release of Company Products and Services on such schedule and, to its Knowledge, is not currently aware of any change in its circumstances or other fact that has occurred that would cause it to believe that it will be unable to meet such release schedule.
(iii) The Company’s current (as of the date of this Agreement) list of known bugs maintained by its development or quality control groups with respect to the products and services of the Company is set forth on Section 2.14(l)(iii) of the Disclosure Schedule.
(iv) All products and services (and all parts thereof) of the Company are free of any and all “back door,” “time bomb,” “Trojan horse,” “worm,” “drop dead device,” “virus” or other software routines or hardware components that permit unauthorized access or the unauthorized disablement or erasure of such product or service (or all parts thereof) of the Company or data or other software of users (“Contaminants”).
(v) Section 2.14(l)(v) of the Disclosure Schedule sets forth a list of all agreements that provide for a service level for Company Products and Services that is different than that set forth in the Company Form Agreements.
(vi) Section 2.14(l)(vi) of the Disclosure Schedule sets forth a list of all agreements that provide for a data security and confidentiality obligations in connection with Company Products and Services that is different than that set forth in the Company Form Agreements.
(vii) The Company has not paid any damages, penalties or amounts to any Person because of Company’s breach of service level obligations or data security provision with respect to any Company Products and Services, except for damages, penalties or amounts set forth on Section 2.14(l)(vii) of the Disclosure Schedule and damages, penalties or amounts less than $5,000 individually or $25,000 in the aggregate.