Distributor Warranties. Distributor represents and warrants that as of the Effective Date and continuing throughout the License Term:
Distributor Warranties. Distributor represents and warrants that it will not use nor authorize others to use any Images except as expressly permitted pursuant to this Agreement and it will abide by any restrictions provided to it by Supplier and in accordance with Supplier’s XXXX.
Distributor Warranties. (a) Distributor warrants and represents that ---------------------- it (i) shall not make any oral or written statements regarding the performance of the Software or Services other than those set forth in the Documentation; (ii) has the full authority and capacity to enter into and perform this Agreement in all respects; (iii) shall not provide or allow access to any Software, Documentation, Service Materials, or Service to any Customer which has not executed a corresponding Customer Agreement or Service Agreement, as applicable, containing the Mandatory Provisions; and (iv) the Customer Agreements and Service Agreements shall contain no term or provision that is inconsistent with or derogates from the Mandatory Provisions.
Distributor Warranties. Distributor represents and warrants that (a) neither it nor any of its Representatives has received any notice or communication from the U.S. Food and Drug Administration ("FDA") or other federal, state, or local regulatory or law enforcement agency requiring, recommending, or threatening to initiate any action pertaining to the activities contemplated under this Agreement; and (b) it and its Representatives shall not violate or infringe in any manner any right of privacy, property right (real, personal or otherwise, including, without limitation, any trade secret, copyright or other intellectual or intangible property right) or any other right or legally protected interest of any type or nature of any person or entity in connection with any activities contemplated under this Agreement.
Distributor Warranties. 16.1 DISTRIBUTOR represents and warrants that, as of the effective date of this Agreement, it has the lawful authority to enter into this Agreement and is free of any obligation or restriction that would prevent it from entering into or performing under this Agreement. DISTRIBUTOR will not during the term of this Agreement enter into any other agreement, grant any license, undertake any obligation or commit any act which would prevent its performance or limit the rights of Atio USA hereunder.
Distributor Warranties. 9.2.1 Distributor shall make no representations to third parties regarding the performance or functional capabilities or characteristics of the products beyond those stated in LINKON's then current printed literature and brochures.
Distributor Warranties. Distributor hereby represents and warrants that (i) it shall not permit any third party (including any End-User) to obtain access to any VLP Data or any part thereof without previously confirming such party's agreement to be bound by the Terms and Conditions which, at a minimum, contain all Mandatory Provisions and which include no provision that limits, derogates from, or is otherwise inconsistent with, any Mandatory Provision or other provision in this Agreement; (ii) Distributor is and shall remain duly qualified to transact business and perform this Agreement to the full extent contemplated in all applicable jurisdictions, including where the End-Users are located; (iii) the execution and delivery of this Agreement by Distributor, and the performance of its obligations hereunder, have been duly authorized by all requisite corporate actions on the part of Distributor; (iv) this Agreement has been duly executed and delivered by Distributor; and (v) Distributor shall implement this Agreement and Market the VLP Data in compliance with applicable laws and regulations.
Distributor Warranties. Distributor hereby represents and warrants to Supplier the following:
Distributor Warranties. Distributor represents and warrants as follows:
Distributor Warranties. Distributor represents and warrants that as of the Effective Date and continuing throughout the License Term: (A) Distributor will maintain the facilities, resources and experienced personnel necessary to market and distribute Licensed Software and to perform the necessary installation, training and maintenance services related to such Licensed Software and otherwise to fulfill its obligations under this Agreement; (B) Distributor is not precluded by any existing arrangement, contractual or otherwise, from entering into this Agreement and performing hereunder, (C) Distributor will make no representations or warranties related to the Licensed Software in excess of Siebel's representations or warranties contained in Section 10 of this Agreement; (D) Distributor has not relied on any promises or representations other than those promises or representations expressly made in writing in this Agreement; (E) If Distributor becomes aware of any actual or suspected unauthorized use, copying or disclosure of the Licensed Software or Anciliary Programs. Distributor will promptly notify Siebel and will assist Siebel, at Siebel's expense and request, in the investigation and prosecution of such unauthorized use, copying or disclosure; and (F) Distributor has the full right, power and authority to enter into this Agreement and to carry out its obligations hereunder, and there are no impediments known to Distributor which would prevent Distributor compliance with all the terms of this Agreement. 3.11
