Common use of Inktomi Warranties Clause in Contracts

Inktomi Warranties. Inktomi warrants that: (i) it has full power and authority to enter into this Agreement; and (ii) it has not previously and will not grant any rights in the Inktomi Technology to any third party that are impede the rights granted to Customer hereunder; (iii) throughout the Term, each Service provided for Customer and the Inktomi Technology provided in connection with each such Service shall be free of material errors and defects and shall perform in accordance with the performance criteria set forth on the applicable Exhibit for such Service; and (iv) each Service provided for the Customer and the Inktomi Technology provided in connection with each Service do not and will not infringe any copyright, patent, trade secret, or other proprietary right held by any third party, and Inktomi has no knowledge of any allegations of any such infringement. INKTOMI MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NONINFRINGEMENT. IN PARTICULAR, INKTOMI MAKES NO WARRANTIES WHATSOEVER REGARDING THE NATURE OF THE MATERIAL CONTAINED IN ITS SEARCH DATABASES AND TO THE MAXIMUM EXTENT PERMITTED BY LAW DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR SUCH MATERIAL.

Appears in 3 contracts

Samples: Portal Services Agreement (Inktomi Corp), Portal Services Agreement (Inktomi Corp), Portal Services Agreement (Inktomi Corp)

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Inktomi Warranties. Inktomi warrants that: (i) it has full power and authority to enter into this Agreement; and (ii) it owns all right, title and interest in and to the Inktomi Technology, and any portions and components thereof, including but not limited to, copyrights, patents, trade secrets and trademarks; and (iii) it has not previously and will not grant any rights in the Inktomi Technology to any third party that are impede inconsistent with the rights granted to Customer hereunder; and (iiiiv) throughout the Term, each Service provided for Customer and the Inktomi Technology provided in connection with each such Service shall be free of material errors and defects and shall perform substantially in accordance with the performance criteria set forth on the applicable Exhibit for such Service; and (iv) each Service provided for . Inktomi does not warrant that the Customer and Services will meet all of Customer's requirements or that performance of the Inktomi Technology provided in connection with each Service do not and Services will not infringe any copyright, patent, trade secret, be uninterrupted or other proprietary right held by any third party, and Inktomi has no knowledge of any allegations of any such infringementerror-free. INKTOMI MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NONINFRINGEMENT. IN PARTICULAR, INKTOMI MAKES NO WARRANTIES WHATSOEVER REGARDING THE NATURE OF THE MATERIAL CONTAINED IN ITS SEARCH DATABASES THE DATABASE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR SUCH MATERIAL.

Appears in 1 contract

Samples: Portal Services Agreement (Myturn Com Inc)

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