Disclaimer and Limitation of Warranties. Bukwang makes no warranty as to validity of the Bukwang Patents licensed hereunder and, except as expressly stated in Section 11.1, makes no representation whatsoever with regard to the scope of the Bukwang Patents or Bukwang Know-How, or that the Bukwang Patents or Bukwang Know-How may be exploited by Triangle or its Affiliates or sublicensees without infringing intellectual property rights of third parties. EXCEPT AS OTHERWISE SET FORTH IN SECTION 11.1 ABOVE, BUKWANG MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE BUKWANG PATENTS OR BUKWANG KNOW-HOW AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY OTHER IMPLIED WARRANTIES WITH RESPECT TO THE CAPABILITIES, SAFETY, UTILITY, OR COMMERCIAL APPLICATION OF BUKWANG PATENTS OR BUKWANG KNOW-HOW.
Disclaimer and Limitation of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS PROVIDE THE SOFTWARE PROGRAM "AS IS" AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ABSENCE OF VIRUSES, ALL WITH REGARD TO THE SOFTWARE PROGRAM. LICENSOR: (x) UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE SOFTWARE PROGRAM AND (y) ASSUMES NO RESPONSIBILITY THAT THE SOFTWARE PROGRAM WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE ACQUIRING IT, EXCEPT AS OTHERWISE PROVIDED IN THIS DISCLAIMER. This Agreement is to be read in conjunction with certain statutory provisions, as that may be in force from time to time, that imply warranties or conditions or impose obligations on Licensor that cannot be excluded or modified. If any such provisions apply, then to the extent Licensor is able, Licensor hereby limits its liability for breach of those provisions to one of the following: providing you a replacement copy of the Software Program or reimbursement of the greater of the price paid for the Software Program or five U.S. dollars (or the equivalent in local currency). The Software Program may include internet links to other software applications and/or Internet sites hosted and operated by third parties unaffiliated with Licensor. You acknowledge and agree that Licensor is not responsible in any way for the hosting, performance, operation, maintenance, or content of, such software applications and/or Internet sites.
Disclaimer and Limitation of Warranties. 5.2.1 EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 5.1 OR ANY EXPRESS WARRANTIES IN THE RELATED AGREEMENTS, MEDTRONIC AND VIDAMED DO NOT MAKE ANY REPRESENTATION OR GRANT ANY WARRANTY, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, AND MEDTRONIC AND VIDAMED SPECIFICALLY DISCLAIM ANY OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, OR EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR ANY WARRANTY AS TO THE VALIDITY OF ANY PATENTS, TRADEMARKS, OTHER INTELLECTUAL PROPERTY OR LICENSED-IN INTELLECTUAL PROPERTY RIGHTS, THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, THE SCOPE OF THE PATENTS, TRADEMARKS, OTHER INTELLECTUAL PROPERTY OR LICENSED-IN INTELLECTUAL PROPERTY RIGHTS, OR THAT THE PATENTS, TRADEMARKS, OTHER INTELLECTUAL PROPERTY OR LICENSED-IN INTELLECTUAL PROPERTY RIGHTS MAY BE EXPLOITED WITHOUT INFRINGING THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Disclaimer and Limitation of Warranties. SHBB IS NOT THE MANUFACTURER OF THE SAFETY DEVICE AND MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITION, QUALITY, PERFORMANCE OR NON-INFRINGEMENT OF THE SAFETY DEVICE. WITH RESPECT TO SAFETY DEVICE, PROVIDER ACCEPTS IT "AS IS." THE SAFETY DEVICE SHALL BE SUBJECT TO ANY WARRANTIES PROVIDED TO PROVIDER BY THE SAFETY DEVICE MANUFACTURER AND/OR AVAILABLE BY THE SAFETY DEVICE’S COMPOSITE PARTS.
Disclaimer and Limitation of Warranties. 8.1. Regarding the services, the Customer must acknowledge the following:
Disclaimer and Limitation of Warranties. (a) Intelli-Check and its affiliates make no representations or warranties, other than as expressly set forth in this agreement (including its Appendices). By way of example but not of limitation, Intelli-Check and its affiliates make no representations or warranties of merchantability or fitness for any particular purpose.
(b) If a third party claims that the LICENSED SOFTWARE directly infringes any U.S. patent, copyright, or trade secret, Intelli-Check will (as long as Licensee is not in default under this agreement or any other agreement with Intelli-Check) defend Licensee against such claim at Intelli-Check's expense and pay all damages that a court finally awards, provided that Licensee promptly notifies Intelli-Check in writing of the claim, and allows Intelli-Check to control, and cooperates with Intelli-Check in, the defense or any related settlement negotiations. If such a claim is made or appears possible, Intelli-Check shall, at its option, promptly either (i) secure for Licensee the right to continue to use the LICENSED SOFTWARE, or (ii) modify or replace the LICENSED SOFTWARE so that it is non-infringing but equivalent in performance, functions and interface to the original LICENSED SOFTWARE; provided, however, that if Intelli-Check and Licensee agree that neither of the foregoing two options is reasonably available, then Intelli-Check shall refund to Licensee all amounts previously paid by Licensee under this agreement, and, upon receipt of such refund, Licensee shall return the LICENSED SOFTWARE to Intelli-Check. However, Intelli-Check has no obligation for any claim based on a version of the LICENSED SOFTWARE which is modified by any entity other than Intelli-Check or based on the combination, operation, or use of the LICENSED SOFTWARE with any product, data, or apparatus not provided by Intelli-Check. THIS PARAGRAPH STATES INTELLI-CHECK'S ENTIRE OBLIGATION TO LICENSEE WITH RESPECT TO ANY CLAIM OF INFRINGEMENT.
(c) The Licensed Software complies to specifications, as contained in Appendix A, in all material respects. However, Intelli-Check specifically makes no representation or warranty as to the performance of the Licensed Software with the System.
Disclaimer and Limitation of Warranties. LICENSOR AND ITS SUPPLIERS PROVIDE THE SOFTWARE PROGRAM "AS IS" AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ABSENCE OF VIRUSES, ALL WITH REGARD TO THE SOFTWARE PROGRAM. LICENSOR: (a) UNDERTAKES NO RESPONSIBILITY FOR THE
Disclaimer and Limitation of Warranties. LICENSOR AND ITS SUPPLIERS PROVIDE THE SOFTWARE PROGRAM "AS IS" AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ABSENCE OF VIRUSES, ALL WITH REGARD TO THE SOFTWARE PROGRAM. LICENSOR: (x) UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE SOFTWARE PROGRAM AND (y) ASSUMES NO RESPONSIBILITY THAT THE SOFTWARE PROGRAM WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH
Disclaimer and Limitation of Warranties. SHBB IS NOT THE MANUFACTURER OF THE SAFETY DEVICE AND MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITION, QUALITY, PERFORMANCE, OR NON-INFRINGEMENT OF THE SAFETY DEVICE. WITH RESPECT TO THE SAFETY DEVICE, PROVIDER ACCEPTS IT “AS IS.” THE SAFETY DEVICE SHALL BE SUBJECT TO ANY WARRANTIES PROVIDED TO SHBB AND/OR PROVIDER BY THE SAFETY DEVICE MANUFACTURER AND/OR AVAILABLE BY THE SAFETY DEVICE'S COMPOSITE PARTS. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE TERM(S) OF THIS AGREEMENT, UNLESS OTHERWISE STATED OR PROVIDED FOR HEREIN OR PROVIDED BY LAW. SHBB neither assumes nor authorizes any other business organization, entity, or person associated or related by legal right, corporate entity, governmental entity, or any other entity associated or related by legal right to assume it, or any other liability in connection with the construction, use, operation, installment, removal, maintenance, or lease of the Safety Device. There are no warranties which extend beyond the terms of this Agreement, unless otherwise stated or provided for herein or by law via preemption. These warranties shall not apply to the Safety Device or any and all improvements, restoration, repair, remodel, modifications, and/or any other construction work on the Safety Device of any kind, related to the Safety Device, or any other part thereof which has been subject to accident, negligence, alteration, abuse, use or misuse of same which are not approved of by SHBB and/or agreed to by SHBB. SHBB makes no warranty whatsoever with respect to accessories or parts not supplied by it.
Disclaimer and Limitation of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS PROVIDE THE SOFTWARE PROGRAM "AS IS" AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ABSENCE OF VIRUSES, ALL WITH REGARD TO THE SOFTWARE PROGRAM. LICENSOR: (a) UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE SOFTWARE PROGRAM AND (b) ASSUMES NO RESPONSIBILITY THAT THE SOFTWARE PROGRAM WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE ACQUIRING IT, EXCEPT AS OTHERWISE PROVIDED IN THIS DISCLAIMER.
