Common use of Distributor Warranties Clause in Contracts

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.

Distributor Warranties. Distributor represents and warrants that as of the Effective Date and continuing throughout the License Term: (Aa) Distributor will maintain the facilities, resources and experienced personnel necessary (i) to market and distribute Licensed Software and Software; (ii) after the Assumption of Support, to perform the necessary installation, training and maintenance services related to such Licensed Software Software; and (iii) otherwise to fulfill its obligations under this Agreement;. In addition, Distributor will maintain the facilities, resources and experienced personnel necessary to perform the installation and training services agreed to by Distributor with a Customer. (Bb) Distributor is not precluded by any existing arrangement, contractual or otherwise, from entering into this Agreement and performing hereunder,; (Cc) 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;. (Dd) Distributor has not relied on any promises or representations other than those promises or representations expressly made in writing in this Agreement; (Ee) If Distributor becomes aware of any actual or suspected unauthorized use, copying or disclosure of the Licensed Software or Anciliary Ancillary 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 (Ff) 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 that would prevent Distributor compliance with all the terms of this Agreement.

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 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.