Common use of Limited Warranties Disclaimer Clause in Contracts

Limited Warranties Disclaimer. 4.1 The Software and Documentation are licensed "AS IS". The Licensor disclaims any and all warranties, whether express or implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose. The Licensor does not warrant the functions contained in the Software will meet any requirement or needs the Licensee may have, or that the Software will operate error free, or in an uninterrupted fashion, or that the Software is compatible with any particular platform. The Licensor makes no guarantees regarding the use or any results deriving from the use of the Software and Documentation with respect to their correctness, accuracy, trustworthiness or in any other way. 4.2 Licensee shall immediately inform the Licensor of any claim or action made against the Licensee by a third party that the normal and correct operation possession or use of the Software or Documentation by the Licensee infringes the patent, copyright, registered design or trademark rights of any third party. 4.3 Licensee shall cooperate in and collaborate with the Licensor in the defence of any claim or action made against the Licensee, the Licensor or about Software or Documentation. 4.4 In any case, Licensor will neither indemnify nor hold harmless the Licensee on demand against any damages (including costs) that may be awarded or agreed to be paid to any third party in respect of any claim or action about infringement of patent, copyright, registered design or trademark rights of any third party. 4.5 Licensor shall have no liability to the Licensee in respect of any breach of the Licensee’s obligations under this agreement. 4.6 The Licensee assumes every risk and responsibility with respect to the choice, installation and use of the Software and Documentation and their results.

Appears in 3 contracts

Samples: Software License Agreement, Software License Agreement, Software License Agreement

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Limited Warranties Disclaimer. 4.1 The Software and Documentation are licensed "AS IS". The Licensor disclaims any and all warranties, whether express or implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose. The Licensor does not warrant the functions contained in the Software will meet any requirement or needs the Licensee may have, or that the Software will operate error free, or in an uninterrupted fashion, or that the Software is compatible with any particular platform. The Licensor makes no guarantees regarding the use or any results deriving from the use of the Software and Documentation with respect to their correctness, accuracy, trustworthiness or in any other way. 4.2 Licensee shall immediately inform the Licensor of any claim or action made against the Licensee by a third party that the normal and correct operation possession or use of the Software or Documentation by the Licensee infringes the patent, copyright, registered design or trademark rights of any third party. 4.3 Licensee shall cooperate in and collaborate with the Licensor in the defence defense of any claim or action made against the Licensee, the Licensor or about Software or Documentation. 4.4 In any case, Licensor will neither indemnify nor hold harmless the Licensee on demand against any damages (including costs) that may be awarded or agreed to be paid to any third party in respect of any claim or action about infringement of patent, copyright, registered design or trademark rights of any third party. 4.5 Licensor shall have no liability to the Licensee in respect of any breach of the Licensee’s obligations under this agreement. 4.6 The Licensee assumes every risk and responsibility with respect to the choice, installation and use of the Software and Documentation and their results.

Appears in 2 contracts

Samples: Software License Agreement, Software License Agreement

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