Common use of Disclaimer Warranty Clause in Contracts

Disclaimer Warranty. Except as otherwise expressly provided in the Agreement and to the maximum extent permitted by applicable law: (i) the Services and Software are provided “as-is”; (ii) AGILENT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER WRITTEN OR ORAL, EXPRESSED OR IMPLIED, AND AGILENT SPECIFICALLY DISCLAIMS ALL WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, regarding the Services and Software; (iii) Agilent does not warrant that the Services and Software will be accurate, complete or without error; (iv) the use of the Services and Software is entirely at Customer’s risk and Agilent makes no warranties as to the accuracy, quality or reliability of the reports, results, Data or other information obtained by ' from accessing and using the Services and Software; (v) Agilent does not warrant that the Services and Software or communications to or through the use of the Services and Software will be un- interrupted or error free, and (vi) Agilent does not warrant that the Data will be secure or will not be lost, damaged or corrupted. In the event of any loss or damage to Customer’s Data by Agilent during the Initial Term or, if applicable, Renewal Term, Customer’s sole and exclusive remedy shall be for Agilent to use commercially reasonable efforts to restore the lost or damaged Data. Agilent warrants that it is the lawful owner of the Software, or to the extent it is not the lawful owner, that it has all rights necessary for it to license the Software under the terms of this Agreement. Agilent represents and warrants during the Subscription Term that: (i) the Software shall perform in all material respects in accordance with the Performance Criteria;

Disclaimer Warranty. Except as otherwise expressly provided in the Agreement and to the maximum extent permitted by applicable law: (i) the Services and the Software are provided “as-is”; ” (ii) AGILENT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER WRITTEN OR ORAL, EXPRESSED OR IMPLIED, AND AGILENT SPECIFICALLY DISCLAIMS ALL WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, regarding the Services and Software; (iii) Agilent does not warrant that the Services and Software will be accurate, complete or without error; (iv) the use of the Services and Software is entirely at Customer’s risk and Agilent makes no warranties as to the accuracy, quality or reliability of the reports, results, Data or other information obtained by ' or from accessing and using the Services and Software; (v) Agilent does not warrant that the Services and Software or communications to or through the use of the Services and Software will be un- un-interrupted or error free, and (vi) Agilent does not warrant that the Data communications will be secure or that Data will not be lost, damaged or corrupted. In the event of any loss or damage to Customer’s Data by Agilent during the Initial Term or, if applicable, Renewal Term, Customer’s sole and exclusive remedy shall be for Agilent to use commercially reasonable efforts to restore the lost or damaged Data. Agilent warrants that it is the lawful owner of the Software, or to the extent it is not the lawful owner, that it has all rights necessary for it to license the Software under the terms of this Agreement. Agilent represents and warrants during the Subscription Term that: (i) the Software shall perform in all material respects in accordance with the Performance Criteria;; (ii) it has used commercially reasonable efforts to scan for viruses within the Software; and (iii) it has used commercially reasonable efforts to ensure the Software does not contain any disabling code designed to interfere with the normal operation of the Software.