Excluded Warranties. To the extent permitted by law, the only warranties that apply to this contract are those that are expressly set out in the contract. However, you have non-excludable rights under the Australian Consumer Law.
Excluded Warranties. EXCEPT AS SET FORTH IN THE PREVIOUS PARAGRAPH OF THIS SECTION 6, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND VERIMATRIX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED OR ARISING OUT OF A COURSE OF CONDUCT OR COURSE OF DEALING, INCLUDING ALL WARRANTIES OF TITLE, PERFORMANCE, USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE. VERIMATRIX MAKES NO WARRANTY REGARDING NONINTERRUPTION OF USE. NO ORAL OR WRITTEN STATEMENT PROVIDED BY VERIMATRIX SHALL CREATE ANY WARRANTY.
Excluded Warranties. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH HEREIN, SELLER MAKES NO OTHER WARRANTIES OR GUARANTEES REGARDING THE PRODUCT, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY, ARISING BY OPERATION OF LAW, OR AS A RESULT OF USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. SELLER HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OR WARRANTIES OTHERWISE ARISING BY OPERATION OF LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NOTWITHSTANDING THE FOREGOING, IF ANY PRODUCT COVERED BY THIS ORDER IS DESIGNATED FOR DEVELOPMENTAL OR EXPERIMENTAL USE, NO WARRANTY WHATSOEVER SHALL BE APPLICABLE THERETO, AND BUYER SHALL INDEMNIFY SELLER FOR ANY AND ALL CLAIMS OR LIABILITY ASSERTED AGAINST SELLER IN CONNECTION WITH SUCH DEVELOPMENTAL OR EXPERIMENTAL USAGE. * This portion of the Exhibit has been omitted pursuant to a Request for Confidential Treatment under Rule 24b-2 of the Securities Exchange Act of 1934. The complete Exhibit, including the portions for which confidential treatment has been requested, has been filed separately with the Securities and Exchange Commission. MARVELL CONFIDENTIAL INFORMATION
Excluded Warranties. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WRITTEN, ORAL, OR IMPLIED AND MAY NOT BE ALTERED IN ANY MANNER WITHOUT THE EXPRESS WRITTEN CONSENT OF MANUFACTURER. IN EXCHANGE FOR THE THIS LIMITED WARRANTY ISSUED TO BUYER, BUYER ACKNOWLEDGES MANUFACTURER DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY EXPRESS AND/OR IMPLIED WARRAN- TIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES PERTAINING IN ANY WAY TO ANY WORK, LABOR, OR MATERIALS PROVIDED UNDER THIS AGREEMENT. BY SIGNING THIS AGREEMENT, BUYER ACKNOWLEDGES THAT THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. SHOULD MANUFACTURER BE FOUND TO MAKE ANY WARRANTY BY OPERATION OF LAW OR OTHER- WISE OTHER THAN IS STATED HEREIN, THE DURATION THEREOF IS LIMITED TO ONE YEAR FROM THE DATE OF THE ORIGINAL SALE AND REMEDIES THERE UNDER ARE LIMITED TO REFUND OF THE PURCHASE PRICE PAID TO MANUFACTURER, REPAIR, OR REPLACEMENT AT THE OPTION OF MANUFACTURER. SOME PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Excluded Warranties. THE FOREGOING WARRANTIES OF EACH PARTY ARE IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, VALIDITY, OR NON-INFRINGEMENT, ALL OF WHICH ARE HEREBY SPECIFICALLY EXCLUDED AND DISCLAIMED.
Excluded Warranties. Nothing in this Agreement is or shall be construed as (i) a warranty that anything made, used, sold or otherwise disposed of under any license granted under this Agreement is or will be free from infringement or misappropriation of patents, copyrights, trade secrets and other rights of third parties; or, (ii) a warranty or representation by either Party as to the validity or scope of any patent, patent application or other intellectual property right, except that Agilent warrants that it has the right to grant the license hereunder made. Notwithstanding the foregoing, nothing herein is intended to or shall be deemed to limit any representations or warranties made by Agilent in the Asset Purchase Agreement. Agilent & Flextronics Confidential
Excluded Warranties. Paragraphs 1, 2 and 3 of this Schedule 4 shall not be applicable to any Non-Tax Claim arising from a breach of the Warranties set out in paragraph 1 of Part A of Schedule 3.
Excluded Warranties. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH HEREIN, SELLER MAKES NO OTHER WARRANTIES OR GUARANTEES REGARDING THE PRODUCT, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY, ARISING BY OPERATION OF LAW, OR AS A RESULT OF USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. SELLER HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OR WARRANTIES OTHERWISE ARISING BY OPERATION OF LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NOTWITHSTANDING THE FOREGOING, IF ANY PRODUCT COVERED BY THIS ORDER IS DESIGNATED FOR DEVELOPMENTAL OR EXPERIMENTAL USE, NO WARRANTY WHATSOEVER SHALL BE APPLICABLE THERETO, AND BUYER SHALL INDEMNIFY SELLER FOR ANY AND ALL CLAIMS OR LIABILITY ASSERTED AGAINST SELLER IN CONNECTION WITH SUCH DEVELOPMENTAL OR EXPERIMENTAL USAGE.
Excluded Warranties. All rights under all covenants and warranties (i) to the extent not related to the operation or conduct of Marathon’s Business, (ii) to the extent related to the other Marathon Excluded Assets or the Marathon Excluded Liabilities or (iii) to the extent such rights are for Losses or damages and Marathon has expended funds or incurred costs to mitigate, or otherwise suffered monetary Losses as a result of, such Losses or damages.
Excluded Warranties. All rights under all covenants and warranties (i) to the extent not related to the operation or conduct of Ashland’s Business, (ii) to the extent related to the other Ashland Excluded Assets or the Ashland Excluded Liabilities or (iii) to the extent such rights are for Losses or damages and Ashland has expended funds or incurred costs to mitigate, or otherwise suffered monetary Losses as a result of, such Losses or damages.
