Licensor Warranty. Licensor represents and warrants that: (i) the Licensor Technology, *, and Server Products (the "WARRANTY PRODUCTS") operate and will operate substantially in accordance with the specifications set forth in Licensor's documentation therefor; (ii) the Warranty Products and the sue thereof as contemplated by this First Amendment do not infringe xx misappropriate any copyright, trade secret, publicity, privacy, or, to Licensor's knowledge, other rights of any third party; (iii) Licensor has the sole and exclusive right to grant the rights and licenses contemplated by this First Amendment, without the need for any consents, approvals or immunities not yet obtained; (iv) Licensor has full power to enter into this First Amendment, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder; (v) to the best of Licensor's knowledge as of the Amendment Effective Date, the Warranty Products do not infringe any patent rights of any third party; and (vi) Licensor does not know of any actual, alleged, pending, or threatened third party claim of infringement of misappropriation of any intellectual property rights of a third party.
Licensor Warranty a) Subject to clauses Where conditions, warranties or other rights for your benefit are implied in this License or otherwise conferred by the Trade Practices Act of the relevant country and it is not lawful to exclude them, then those conditions, warranties and other rights will (but only to the extent required by law) apply to this License. Other than as set out in this License, all implied conditions, warranties and rights are excluded from this License., the Software is provided "as is" and without any representations by the Licensor or any of its authorised distributors regarding the use, performance or results of the use, of the Software.
b) The Licensor warrants that the media on which the Software is recorded is free from defects in manufacture for a period of 30 days from the date of delivery. During this period the Licensor will replace any defective media on which the Software was supplied and any Software on that media, free of charge.
c) While the Licensor has endeavoured to make sure that the Software works, the Licensor does not guarantee that the Software will work on all computer hardware platforms or configurations and makes no warranty that the Software will be error free or that use will be uninterrupted.
Licensor Warranty. 3.1 Subject to clause 3.2 Licensor warrants to Licensee that:
3.1.1 It is entitled to enter into this Agreement and make the grant of Rights to Licensee.
3.1.2 The Programme does not to the best of Licensor's knowledge and belief under English law infringe or violate the rights of any person in respect of copyright, trade marks, trade names, patents, defamation, privacy or publicity or confidentiality.
3.1.3 Save as set out in clause 4.1.6 below, it has obtained or will obtain all clearances and has paid or will pay for all residuals and other payments in respect of any material or performance contributed by an author, writer, artist, musician, producer, director or crew, music, archive or stills and payable as a result of the exercise by Licensee of the Rights in the Programme.
3.2 Save for clause 3.1 above, Licensor makes no warranties and gives no assurances in respect of the Licensee's use of the Programme in the Territory and Licensee acknowledges and agrees that it shall be Licensee's responsibility to ensure that the Programme complies for use by Licensee in the Territory. In particular, Licensor has not undertaken a Programme title clearance search in the Territory and Licensor makes no warranties and gives no assurances in respect of the Licensee's use of the title/titles of the Programme in the Territory.
Licensor Warranty. 10.1. Licensor hereby excludes any obligation or liability under this Agreement (except to the extent that Licensor at its discretion decides to assume such obligation or liability) if: (i) the Software has been altered, modified, or serviced other than by or with the approval of Licensor; or (ii) the Software has been improperly installed or used in a manner other than as specified in the Documentation.
10.2. EXCEPT FOR ANY EXPRESS WARRANTIES INCLUDED IN THIS AGREEMENT, LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SOFTWARE AND/OR SERVICES. LICENSOR DISCLAIMS AND EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO LICENSOR DEALER, DISTRIBUTOR, RESELLER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY AND ANY OTHER SUCH TERMS OR REPRESENTATIONS SHALL NOT BE BINDING ON LICENSOR.
Licensor Warranty. Pursuant to the terms of this Agreement and your purchased license, we warrant that the Licensed Content will not infringe on any copyright, or intellectual property rights of any third party. YOU UNDERSTAND AND AGREE THAT ANY AND ALL LICENSED CONTENT IS PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT NOR GUARANTEE THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE LICENSEE BEARS ALL RISK FOR USE OF SAID CONTENT. SHOULD THE CONTENT PROVE DEFECTIVE, YOU ASSUME ALL RISK AND COST FOR CORRECTIONS. Licensed Material and all Icons are owned by Vectto and are protected by U.S. Copyright law, as well as laws related to intellectual property rights. No title or intellectual property rights to the Licensed Content are transferred or assigned to the Licensee. Licensor retains all rights not expressly granted by this License Agreement. Some of the Licensed Material may contain copyrighted content such as trademarks, design marks, trade names, business names, service marks, and logos and/or movie characters. These icons shall be used in accordance with accepted trademark practice, as well as a professional standard of care. Limited Liability AT NO TIME SHALL ANY OF OUR REPRESENTATIVES, AFFILIATES, CONTENT PROVIDERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, OR OTHER PROCEEDING ARISING UNDER THE TERMS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. NO ACTION, REGARDLESS OF FORM OR NATURE, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY OR ON BEHALF OF YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION FIRST AROSE. WE SHALL NOT BE LIABLE AT ANY TIME FOR ANY DAMAGES, COSTS OR LOSSES ARISING AS A RESULT OF MODIFICATIONS YOU ...
Licensor Warranty. The Licensor warrants to the Licensee that the Licensor has the right to grant the License and that the Licensor has not granted and shall not grant any license or licenses to any Person in conflict with the License granted to the Licensee herein.
Licensor Warranty. The Licensor represents and warrants that it is authorised to enter into this Agreement.
Licensor Warranty. Licensor represents and warrants to Licensee that: (a) to its knowledge, except as may then be advised, as of the date of delivery of any Licensed Materials, the Licensed Materials do not infringe or misappropriate the Intellectual Property Rights of any third party and (b) Licensor has not any exclusive license of or exclusive right to use, or authorized the retention of any exclusive rights to use or joint ownership of, any Intellectual Property Right that is, was or would have been Licensed Materials, to any other person or entity and (c) except as may then be advised, Licensor has not received notice from any person claiming that design, development, manufacture, use, import and sale of Licensed Materials and related services infringes or misappropriates any Intellectual Property Right of any person.
Licensor Warranty. Foundation hereby represents and warrants to Adial that to the best of its knowledge Foundation is the owner of all right, title, and interest in the Licensed Rights, free and clear of any claims or encumbrances, except as indicated in the Government Rights and the Reservation by Licensor paragraphs hereinabove. However, in the event that a third party makes a claim of inventorship or ownership of a Licensed Patent based solely upon information not known to Foundation prior to the Effective Date, and after a good faith evaluation of such claim it is necessary to add such party to the Licensed Patent as an inventor and/or to assign an undivided interest in and to said Licensed Patent to such third party, then such action shall not be considered a breach of this Agreement. In such instance, Foundation and Adial shall negotiate in good faith to reasonably amend the Agreement to take into consideration any change in the scope of the license granted herein resulting from such co-ownership of the Licensed Patent at issue.
Licensor Warranty. Licensor provides a limited twelve-month warranty with respect to the Software, the terms and limitations of which are set forth in Licensor’s 12-Month Limited Warranty and Technical Support Services Agreement (the “Warranty Agreement”). A copy of the Warranty Agreement is available at xxxx://xxx.xxxxxxx.xxx/support/terms_and_conditions. The Warranty Agreement is incorporated herein by reference. Upon expiration of the warranty period specified in the Warranty Agreement, You may purchase from Licensor extended warranty coverage if available, pursuant to the terms on which such warranty coverage is then available. In the event of any discrepancies or conflicts between the terms and conditions of this Agreement and those of the Warranty Agreement, the terms and conditions of this Agreement shall govern.
