Common use of Licensor Disclaimer Clause in Contracts

Licensor Disclaimer. LICENSOR, ITS LICENSORS AND THE OWNER OF THE LICENSED PATENTS MAKE NO REPRESENTATIONS, EXTEND NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PURPOSE), AND ASSUME NO RESPONSIBILITIES WHATSOEVER, WITH RESPECT TO THE LICENSED PATENT RIGHTS OR THE USE THEREOF, OR THE MANUFACTURE, POSSESSION, USE, MARKETING, SALE, OR OTHER DISPOSITION BY LICENSOR, LICENSEE, OR ANYONE ELSE INCLUDING ANY LICENSED PATENT OWNER, OF LICENSED PRODUCT(S) OR ANY OTHER PRODUCTS OR SERVICES (INCLUDING, WITHOUT LIMITATION, PRODUCTS MADE BY LICENSOR, AND SERVICES RENDERED BY LICENSOR, THAT ARE OR WERE FURNISHED TO LICENSEE AT ANY TIME BEFORE, ON, OR AFTER THE DATE HEREOF), EXCEPT ONLY AS EXPRESSLY STATED BELOW IN THIS ARTICLE. Without limitation of the foregoing generality, nothing contained herein or in any disclosure of the Licensed Patent Rights made by or on behalf of Licensor shall be construed as extending any representation or warranty with respect to the Licensed Patent Rights or Licensed Products or the results to be obtained by the use of the Licensed Patent Rights or any Licensed Products or that anything made, used, or sold by use of the Licensed Patent Rights or any part thereof, alone or in combination, will be free from infringement of patents or other rights of third parties. LICENSOR, ITS LICENSORS AND THE OWNERS OF THE LICENSED PATENTS SHALL NOT BE LIABLE TO LICENSEE, ITS AFFILIATES, OR ANY OTHER PARTY, REGARDLESS OF THE FORM OR THEORY OF ACTION (WHETHER CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER EXTRAORDINARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE LICENSED PATENT RIGHTS, THE LICENSED PRODUCTS, OR ANY PRODUCTS OR SERVICES FURNISHED OR NOT FURNISHED BY LICENSOR, ANY OF ITS LICENSORS AND ANY OWNER OF A LICENSED PATENT, EVEN IF LICENSOR, ANY SUCH LICENSOR AND SUCH PATENT OWNER HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. Licensee agrees that all warranties, if any, in connection with the use, sale or other disposition of any Licensed Products (or any products made by Licensor or any other Licensed Patent owner and furnished at any time to Licensee) by Licensee or its Affiliates will be made by them and will not directly or impliedly obligate Licensor or any other owner of any Licensed Patent.

Licensor Disclaimer. LICENSOR, ITS LICENSORS AND THE OWNER OF THE LICENSED PATENTS MAKE LICENSOR MAKES NO REPRESENTATIONS, EXTEND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR PURPOSEPARTICULAR PURPOSE OR NONINFRINGEMENT), AND ASSUME ASSUMES NO RESPONSIBILITIES WHATSOEVER, WITH RESPECT TO THE LICENSED PATENT RIGHTS INTELLECTUAL PROPERTY OR KNOW-HOW OR THE USE THEREOF, OR THE MANUFACTURE, POSSESSION, USE, MARKETING, SALE, OR OTHER DISPOSITION BY LICENSOR, LICENSEE, OR ANYONE ELSE INCLUDING ANY LICENSED PATENT OWNERELSE, OF THE LICENSED PRODUCT(S) TECHNOLOGY OR THE LICENSEE DEVELOPED PRODUCTS OR ANY OTHER PRODUCTS OR SERVICES (INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, PRODUCTS MADE BY LICENSOR, AND LICENSOR SERVICES RENDERED BY LICENSOR, THAT ARE OR WERE FURNISHED TO LICENSEE AT ANY TIME BEFORE, ON, OR AFTER THE DATE HEREOFOF THIS AGREEMENT), EXCEPT ONLY AS EXPRESSLY STATED BELOW IN THIS ARTICLEAGREEMENT. Without limitation of the foregoing generalityforegoing, nothing contained herein in this Agreement or in any disclosure of the Licensed Patent Rights Technology made by or on behalf of Licensor shall be construed as extending any representation or warranty with respect to the Licensed Patent Rights or Licensed Products Technology or the results to be obtained by the use of the Licensed Patent Rights or any Licensed Products Technology, or that anything made, used, or sold by use of the Licensed Patent Rights Technology or any part thereof, alone or in combination, will be free from infringement of patents or other rights of third parties. LICENSOR, ITS LICENSORS AND THE OWNERS OF THE LICENSED PATENTS LICENSOR SHALL NOT BE LIABLE TO LICENSEE, ITS AFFILIATES, ITS SUBLICENSEES, OR ANY OTHER PARTY, REGARDLESS OF THE FORM OR THEORY OF ACTION (WHETHER CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY LIABILITY, OR OTHERWISE), FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER EXTRAORDINARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE LICENSED PATENT RIGHTSTECHNOLOGY, THE LICENSED LICENSEE DEVELOPED PRODUCTS, OR ANY PRODUCTS OR SERVICES FURNISHED OR NOT FURNISHED BY LICENSOR, ANY OF ITS LICENSORS AND ANY OWNER OF A LICENSED PATENT, EVEN IF LICENSOR, ANY SUCH LICENSOR AND SUCH PATENT OWNER HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. Licensee agrees that all warranties, if any, in connection with the use, sale or other disposition of any Licensed Products Technology (or any products made by Licensor or any other Licensed Patent owner and furnished at any time to Licensee) by Licensee Licensee, its affiliates, or its Affiliates sublicensees will be made by them and will not directly or impliedly obligate Licensor or any other owner of any Licensed PatentLicensor.

Licensor Disclaimer. LICENSOR, ITS LICENSORS AND THE OWNER OF THE LICENSED PATENTS MAKE LICENSOR MAKES NO REPRESENTATIONS, EXTEND EXTENDS NO ------------------- WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PURPOSE), AND ASSUME ASSUMES NO RESPONSIBILITIES WHATSOEVER, WITH RESPECT TO THE LICENSED PATENT RIGHTS PATENTS OR TECHNOLOGY OR THE USE THEREOF, OR THE MANUFACTURE, POSSESSION, USE, MARKETING, SALE, OR OTHER DISPOSITION BY LICENSOR, LICENSEE, LICENSEE OR ANYONE ELSE INCLUDING ANY LICENSED PATENT OWNERELSE, OF LICENSED PRODUCT(S) OR ANY OTHER PRODUCTS OR SERVICES (INCLUDING, WITHOUT LIMITATION, PRODUCTS MADE BY LICENSOR, AND SERVICES RENDERED BY LICENSORLICENSOR SERVICES, THAT ARE OR WERE FURNISHED TO LICENSEE AT ANY TIME BEFORE, ON, ON OR AFTER THE DATE HEREOFOF THE ORIGINAL AGREEMENT), EXCEPT ONLY AS EXPRESSLY STATED BELOW IN THIS ARTICLEARTICLE VII. Without limitation of the foregoing generality, nothing contained herein or in any disclosure of the Licensed Patent Rights Patents or Technology made by or on behalf of Licensor shall be construed as extending any representation or warranty with respect to the Licensed Patent Rights Patents or Technology or Licensed Products or the results to be obtained by the use of the Licensed Patent Rights Patents or Technology or any Licensed Products Products; or that anything made, used, used or sold by use of the Licensed Patent Rights Patents or Technology or any part thereof, alone or in combination, will be free from infringement of patents or other rights of third parties. LICENSOR, ITS LICENSORS AND THE OWNERS OF THE LICENSED PATENTS LICENSOR SHALL NOT BE LIABLE TO LICENSEE, ITS AFFILIATESSUBSIDIARIES, ITS SUBLICENSEES OR ANY OTHER PARTY, REGARDLESS OF THE FORM OR THEORY OF ACTION (WHETHER CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY SPECIAL, CONFIDENTIAL TREATMENT REQUESTED Where the text of this document has been redacted, it has been marked "[*]". Such redacted portion has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 promulgated under the Exchange Act of 1934, as amended. INCIDENTAL, CONSEQUENTIAL, PUNITIVE, PUNITIVE OR OTHER EXTRAORDINARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, PATENTS, THE LICENSED PATENT RIGHTSTECHNOLOGY, THE LICENSED PRODUCTS, PRODUCTS OR ANY PRODUCTS OR SERVICES FURNISHED OR NOT FURNISHED BY LICENSOR, ANY OF ITS LICENSORS AND ANY OWNER OF A LICENSED PATENT, EVEN IF LICENSOR, ANY SUCH LICENSOR AND SUCH PATENT OWNER HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. Licensee agrees that all warranties, if any, in connection with the use, sale or other disposition of any Licensed Products (or any products made by Licensor or any other Licensed Patent owner and furnished at any time to Licensee) by Licensee Licensee, its Subsidiaries or its Affiliates sublicensees will be made by them and will not directly or impliedly obligate Licensor or any other owner of any Licensed PatentLicensor.