DISCLAIMER AND RELEASE. THE WARRANTIES, OBLIGATIONS AND LIABILITIES OF BOEING AND THE REMEDIES OF CUSTOMER IN THIS EXHIBIT C ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES, ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF BOEING AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF CUSTOMER AGAINST BOEING, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN ANY AIRCRAFT, MATERIALS, TRAINING, SERVICES OR OTHER THING PROVIDED UNDER THIS AGTA AND THE APPLICABLE PURCHASE AGREEMENT, INCLUDING, BUT NOT LIMITED TO:
(A) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS;
(B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE;
(C) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF BOEING; AND
(D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO ANY AIRCRAFT.
DISCLAIMER AND RELEASE. EXCEPT FOR THE EXPRESS WARRANTIES AND INDEMNITIES SET FORTH HEREIN, YOU HEREBY WAIVE, RELEASE AND DISCLAIM, ALL WARRANTIES, CONDITIONS, INDEMNITIES, OBLIGATIONS AND LIABILITIES OF SIMBA AND XXXXX'S LICENSORS AND ALL OTHER REMEDIES, RIGHTS, CAUSES OF ACTION AND CLAIMS AGAINST SIMBA AND XXXXX'S LICENSORS WITH RESPECT TO THE PROGRAM, ALL RELATED DOCUMENTATION AND ANY SERVICES FURNISHED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY OBLIGATION, LIABILITY, RIGHT, REMEDY OR CLAIM IN CONTRACT, INCLUDING FUNDAMENTAL BREACH, TORT, NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY OF SIMBA AND SIMBA'S LICENSORS (WHETHER ACTIVE, PASSIVE OR IMPUTED) AND ANY OBLIGATION, LIABILITY, REMEDY, RIGHT OR CLAIM FOR INFRINGEMENT. YOU ACKNOWLEDGE THE PROGRAM IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING, BUT NOT LIMITED TO, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SIMBA EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF FITNESS FOR SUCH PURPOSES. YOU ACKNOWLEDGE THAT XXXXX IS ONLY WILLING TO ENTER INTO THIS AGREEMENT ON THE CONDITION THAT YOU AGREE TO BE BOUND BY THE LIMITATIONS SET FORTH IN THIS AGREEMENT.
DISCLAIMER AND RELEASE. AS AN ESSENTIAL INDUCEMENT TO SELLER TO ENTER INTO THIS AGREEMENT, BUYER ACKNOWLEDGES, UNDERSTANDS AND AGREES AS OF THE DATE HEREOF AND AS OF THE CLOSING DATE AS FOLLOWS:
DISCLAIMER AND RELEASE. THE LICENSOR MAKES NO REPRESENTATION OR WARRANTY TO THE LICENSEE REGARDING ANY OF THE MARKS OR THEIR VALIDITY IN ANY COUNTRY, AND IN PARTICULAR, WITHOUT LIMITATION, THE LICENSOR MAKES NO REPRESENTATION OR WARRANTY REGARDING OWNERSHIP OF ANY OF THE MARKS OR THAT ANY OF THE MARKS DO NOT INFRINGE THE RIGHTS OF THIRD PARTIES. THE LICENSEE HEREBY WAIVES AND RELEASES ANY RIGHT OR CLAIM IT MIGHT OTHERWISE HAVE AGAINST THE LICENSOR IN CONNECTION WITH ANY OR ALL OF THE MARKS EXCEPT FOR THOSE RELATING TO ITS EXPRESS RIGHTS UNDER THIS AGREEMENT.
DISCLAIMER AND RELEASE. With respect to all Assigned Rights and Obligations under the Asset Transfer and License Agreement that are assigned to and assumed by Baudax hereunder, Recro Gainesville hereby, without any further action, disclaims and is released from the Assigned Rights and Obligations under the Asset Transfer and License Agreement, and Baudax shall have the sole right and responsibility in connection therewith. Recro Gainesville’s rights and obligations under the Asset Transfer and License Agreement shall not be affected or limited by a breach of the Asset Transfer and License Agreement by Baudax.
DISCLAIMER AND RELEASE. 5.1. CUSTOMER ACKNOWLEDGES THAT THE LICENSED PRODUCTS ARE NOT DESIGNED TO BLOCK OR PREVENT THE INTRODUCTION OF MALWARE BY THIRD PARTIES AND DO NOT DETECT ALL MALWARE. The Products are not, designed to and do not block Malware from entering its network or systems and that there is no guarantee that 100% of Malware or other security threats will be detected after it has entered the system or network. Therefore, except in the case of MNDR Services, Customer retains sole responsibility for monitoring and managing its environment for Incidents.
5.2. Customer further acknowledges and agrees that the mitigation or analysis of Malware, security breaches and other Incidents may involve the removal of network data. Arista agrees to work with Customer to minimize impact on the network and/or data loss, but cannot guarantee that there will be no network impact or that no data will be lost. Customer agrees to take a pro-active role in backing up and protecting its data.
5.3. Customer understands and agrees that some of the Services offered hereunder involve the use of Arista's testing procedures and the certain tools, including security assessment tools and/ or security software solutions and other automated tools, that are designed to detect possible weaknesses in network security controls. Customer understands and acknowledges, however, that Arista cannot provide assurance that these tools or any other procedures that Arista might utilize will identify all possible vulnerabilities. There is a possibility that the tools referenced above may, because of certain attributes of Customer's system, inadvertently impact Customer's network performance or Customer's software configuration or data. Customer agrees not to hold Arista responsible or liable for any adverse effects relating to the use of such tools. Furthermore, the testing performed pursuant to this Agreement may involve analysis of the design and effectiveness of certain of the Customer's processes, procedures and internal controls that are designed to protect from malicious intrusion into Customer’s information technology system(s) and/or its information technology security processes. Customer agrees that by engaging Arista to perform such testing services, Customer is granting Arista access to Customer's computer systems, networks, and facilities, and that it has obtained all necessary consents for the Services, including any consent required by applicable law. Customer acknowledges, and accepts any risks, that...
DISCLAIMER AND RELEASE. COMPANY UNDERSTANDS THAT THE STUDENT PROJECT MAY OR MAY NOT RESULT IN SPECIFIC DELIVERABLES OR PROJECT IP AND THOSE DELIVERABLES OR PROJECT IP, IF ANY, ARE PROVIDED TO COMPANY “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY HEREBY RELEASES UNIVERSITY AND ITS REGENTS, EMPLOYEES, AND STUDENTS FROM ANY CLAIMS RELATING TO ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES SUFFERED BY COMPANY AS A RESULT OF COMPANY’S USE OF ANY DELIVERABLES OR PROJECT IP.
DISCLAIMER AND RELEASE. GENERAL INDEMNITY; INSURANCE 88
DISCLAIMER AND RELEASE. IN CONSIDERATION OF THE SALE/LEASE OF THE AIRCRAFT, PURCHASER/LESSEE HEREBY WAIVES, RELEASES AND RENOUNCES ALL WARRANTIES, OBLIGATIONS AND LIABILITIES OF BOEING AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF PURCHASER/LESSEE AGAINST BOEING, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN ANY AIRCRAFT, BOEING PRODUCT, MATERIALS, TRAINING, SERVICES OR OTHER THING PROVIDED UNDER THE AIRCRAFT AGREEMENT, INCLUDING, BUT NOT LIMITED TO:
DISCLAIMER AND RELEASE. The warranty and the remedies of Licensee set forth in this section 5 are exclusive. SimplaGene does not make or grant, and Licensee hereby waives, releases, and disclaims, all other warranties, obligations and liabilities of SimplaGene, and all other remedies, rights and claims of Licensee, express or implied, arising by law or otherwise, with respect to the product, documentation, services or otherwise arising under this Agreement, including, but not limited to: (a) any implied warranty of merchantability, fitness for a particular purpose, or non-infringement; (b) any implied warranty arising from course of performance, course of dealing or usage of trade; (c) any obligation, liability, right, remedy, or claim in tort, notwithstanding any fault, negligence, strict liability or product liability of SimplaGene (whether active, passive or imputed); and (d) any obligation, liability, remedy, right or claim for infringement.
