Common use of Limited Representations or Warranties Clause in Contracts

Limited Representations or Warranties. The Software does not infringe upon the proprietary rights of any third party and the Custodian has no actual knowledge that a Destructive Element (as defined below) has been coded or introduced into the Software. A Destructive Element means code or data (a) intentionally designed to disrupt, disable, harm, or otherwise impede in any manner, including aesthetical disruptions or distortions, the operation of the Software or the computers and related equipment used to provide the services to be provided under this Schedule E (sometimes referred to as "viruses" or "worms"), (b) that would disable the Software or the computers and related equipment used to provide the services to be provided under this Schedule E or impair in any way their operation based on the elapsing of a period of time, exceeding an authorized number of copies, advancement to a particular date or other numeral (sometimes referred to as "time bombs", "time locks", or "drop dead" devices), (c) that would permit the Custodian to access the Software or computers and related equipment used to provide the services to be provided under this Schedule E to cause such disablement or impairment (sometimes referred to as "traps", "access codes" or "trap door" devices), or (d) which contains any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such programs to cease functioning or to damage or corrupt data, storage media, programs, equipment or communications, or otherwise interfere with operations. Other than provided above, the Custodian and its manufacturers and suppliers make no warranties or representations, express or implied, in fact or in law, including but not limited to warranties of merchantability and fitness for a particular purpose, in connection with the Fund's use of ACCESS or the Software.

Limited Representations or Warranties. The Software does not infringe upon the proprietary rights of any third party and the Custodian has no actual knowledge that a Destructive Element (as defined below) has been coded or introduced into the Software. A Destructive Element means code or data (a) intentionally designed to disrupt, disable, harm, or otherwise impede in any manner, including aesthetical disruptions or distortions, the operation of the Software or the computers and related equipment used to provide the services to be provided under this Schedule E (sometimes referred to as "viruses" or "worms"), (b) that would disable the Software or the computers and related equipment used to provide the services to be provided under this Schedule E or impair in any way their operation based on the elapsing of a period of time, exceeding an authorized number of copies, advancement to a particular date or other numeral (sometimes referred to as "time bombs", "time locks", or "drop dead" devices), (c) that would permit the Custodian to access the Software or computers and related equipment used to provide the services to be provided under this Schedule E to cause such disablement or impairment (sometimes referred to as "traps", "access codes" or "trap door" devices), or (d) which contains any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such programs to cease functioning or to damage or corrupt data, storage media, programs, equipment or communications, or otherwise interfere with operations. Other than provided above, the Custodian and its manufacturers and suppliers make no .................. E-3 warranties or representations, express or implied, in fact or in law, including but not limited to warranties of merchantability and fitness for a particular purpose, in connection with the Fund's use of ACCESS or the Software.