Common use of Limited Warranty; Limitation of Liability Clause in Contracts

Limited Warranty; Limitation of Liability. 12.1 SENESCO represents and warrants that: 12.1.1 SENESCO has the power, authority and capacity to enter into this Agreement and the right to grant the license herein granted; 12.1.2 Nothing in this Agreement shall be construed as a warranty or representation as to the validity of any Patent; 12.1.3 Nothing in this Agreement shall be construed as a warranty or representation that anything developed, made, used, imported, or sold under any license under this Agreement is or will be free from infringement of domestic or foreign patents of third parties. 12.2 LICENSEE represents and warrants that LICENSEE has the right to enter into this Agreement and perform its obligations hereunder. 12.3 Nothing in this Agreement shall be deemed to be or construed as conferring by implication or otherwise any license or rights under any patents of SENESCO other than under the Licensed Patents, provided however that SENESCO will not assert any patent rights owned or licensed in by SENESCO 1) against LICENSEE’s legitimate use of the Licensed Technology and Licensed Know-How in the framework of its research and development activities under this Agreement and 2) against the commercial use of any product for which remuneration is paid, or is expected to be paid pursuant to Article 11.2 of this Agreement. For the avoidance of doubt, a Product incorporating a Licensee Improvement will be subject to the payment of a Product Launch fee in accordance with Article 11.2. 12.4 Neither Party shall be liable for any indirect, special, incidental or consequential damages in connection with this Agreement and its implementation. 12.5 LICENSEE does not guarantee that its activities pursuant to this Agreement will lead to any specific result. 12.6 LICENSEE shall not be liable for the consequences of its decisions or actions under Article 9 except for gross negligence and willful misconduct. 12.7 SENESCO makes no express or implied warranties of merchantability or fitness for a particular purpose with respect to the invention.

Limited Warranty; Limitation of Liability. 12.1 SENESCO represents and warrants that: 12.1.1 12.1.1. SENESCO has the power, authority and capacity to enter into this Agreement and the right to grant the license herein granted; 12.1.2 12.1.2. Nothing in this Agreement shall be construed as a warranty or representation as to the validity of any Patent; 12.1.3 12.1.3. Nothing in this Agreement shall be construed as a warranty or representation that anything developed, made, used, imported, or sold under any license under this Agreement is or will be free from infringement of domestic or foreign patents of third parties. 12.2 LICENSEE represents and warrants that LICENSEE has the right to enter into this Agreement and perform its obligations hereunder. 12.3 Nothing in this Agreement shall be deemed to be or construed as conferring by implication or otherwise any license or rights under any patents of SENESCO other than under the Licensed Patents, provided however that SENESCO will not assert any patent rights owned or licensed in by SENESCO 1) against LICENSEE’s legitimate use of the Licensed Technology and Licensed Know-How in the framework of its research and development activities under this Agreement and 2) against the commercial use of any product for which remuneration is paid, or is expected to be paid pursuant to Article 11.2 of this Agreement. For the avoidance of doubt, a Product incorporating a Licensee Improvement will be subject to the payment of a Product Launch fee in accordance with Article 11.2. 12.4 Neither Party shall be liable for any indirect, special, incidental or consequential damages in connection with this Agreement and its implementation. 12.5 LICENSEE does not guarantee that its activities pursuant to this Agreement will lead to any specific result. 12.6 LICENSEE shall not be liable for the consequences of its decisions or actions under Article 9 except for gross negligence and willful misconduct. 12.7 SENESCO makes no express or implied warranties of merchantability or fitness for a particular purpose with respect to the invention.

Limited Warranty; Limitation of Liability. 12.1 12.1. SENESCO represents and warrants that: 12.1.1 12.1.1. SENESCO has the power, authority and capacity to enter into this Agreement and the right to grant the license herein granted; 12.1.2 12.1.2. Nothing in this Agreement shall be construed as a warranty or representation as to the validity of any Patent; 12.1.3 12.1.3. Nothing in this Agreement shall be construed as a warranty or representation that anything developed, made, used, imported, or sold under any license under this Agreement is or will be free from infringement of domestic or foreign patents of third parties. 12.2 12.2. LICENSEE represents and warrants that LICENSEE has the right to enter into this Agreement and perform its obligations hereunder. 12.3 12.3. Nothing in this Agreement shall be deemed to be or construed as conferring by implication or otherwise any license or rights under any patents of SENESCO other than under the Licensed Patents, provided however that SENESCO will not assert any patent rights owned or licensed in by SENESCO 1) against LICENSEE’s legitimate use of the Licensed Technology and Licensed Know-How in the framework of its research and development activities under this Agreement and 2) against the commercial use of any product for which remuneration is paid, or is expected to be paid pursuant to Article 11.2 of this Agreement. For the avoidance of doubt, a Product incorporating a Licensee Improvement will be subject to the payment of a Product Launch fee in accordance with Article 11.2. 12.4 12.4. Neither Party shall be liable for any indirect, special, incidental or consequential damages in connection with this Agreement and its implementation. 12.5 12.5. LICENSEE does not guarantee that its activities pursuant to this Agreement will lead to any specific result. 12.6 12.6. LICENSEE shall not be liable for the consequences of its decisions or actions under Article 9 except for gross negligence and willful misconduct. 12.7 12.7. SENESCO makes no express or implied warranties of merchantability or fitness for a particular purpose with respect to the invention.

Limited Warranty; Limitation of Liability. 12.1 SENESCO represents 7.1 ABT warrants to Licensee that the Products will perform as specified in the most current user's manuals or official documentation and warrants that: 12.1.1 SENESCO has the power, authority and capacity to enter into this Agreement and the right to grant the license herein granted; 12.1.2 Nothing in this Agreement shall be construed as a warranty or representation as to the validity of that any Patent; 12.1.3 Nothing in this Agreement shall be construed as a warranty or representation that anything developed, made, used, imported, or sold under any license under this Agreement is or will be hardware locks delivered with AMS are free from infringement defects in work- xxxxxxx. This warranty applies for thirty (30) days from the delivery of domestic or foreign patents of third partiesthe Product ("Warranty Period"). XXX gives no other warranties, neither express nor implied. 12.2 LICENSEE represents and warrants that LICENSEE has 7.2 ABT does not warrant the right to enter into this Agreement and perform its obligations hereunder. 12.3 Nothing in this Agreement shall be deemed to be or construed as conferring by implication or otherwise any license or rights under any patents accuracy and/or the applicability of SENESCO other than under the Licensed Patents, provided however that SENESCO will not assert any patent rights owned or licensed in by SENESCO 1) against LICENSEE’s legitimate results obtained from the use of the Licensed Technology Products. Licensee agrees that it is the responsibility of Licensee to validate by physical experiments or oth- erwise that the results obtained with the Products are correct. AMS should not be relied on as the sole ba- sis to solve a problem, which if incorrect could result in injury to a person or property. 7.3 Licensee bears the full risk and Licensed Know-How any economic consequences of the use of the Products and accepts that Licensee has no claims against ABT in this respect even if ABT, its officers or agents were informed that a loss on Licensees part might arise. Licensee is advised not to make any decisions based on the use of the Products without having obtained expert advice and performed real life testing. 7.4 Licensee specifically acknowledges that Licensee is aware that the data contained in the framework AMMR stem from many different sources and constitutes a compilation of its research data or refinements hereof. Licen- see accepts that the data, which are certain to be incomplete and development activities may be false even if ABT has taken rea- sonable steps to avoid this, are provided "as is" and that ABT grants no warranty in this respect. 7.5 The warranties provided under this Agreement and 2section shall only apply to the most current version of the Products made available to Licensee. These warranties shall not apply if ABT has notified Licensee in writing that ABT no longer supports the operating system version on which the Products are licensed. 7.6 The warranties under this section shall further not apply to any breach of warranty (defects or infringe- ments) against caused by modifications to the commercial Products made by Licensee or by any combination of the Products with any other software, or by use of any product for which remuneration is paid, or is expected to be paid pursuant to Article 11.2 other than the most-current version of this Agreement. For the avoidance of doubt, a Product incorporating a Licensee Improvement will be subject to the payment of a Product Launch fee in accordance with Article 11.2Products. 12.4 Neither Party shall be liable for any indirect, special, incidental or consequential damages in connection with this Agreement and its implementation. 12.5 LICENSEE does not guarantee that its activities pursuant to this Agreement will lead to any specific result. 12.6 LICENSEE shall not be liable for the consequences of its decisions or actions under Article 9 except for gross negligence and willful misconduct. 12.7 SENESCO makes no express or implied warranties of merchantability or fitness for a particular purpose with respect to the invention.

Limited Warranty; Limitation of Liability. 12.1 SENESCO represents 7.1 ABT warrants to Licensee that the Products will substantially perform as specified in the most current user's manuals or official documentation and warrants that: 12.1.1 SENESCO has the power, authority and capacity to enter into this Agreement and the right to grant the license herein granted; 12.1.2 Nothing in this Agreement shall be construed as a warranty or representation as to the validity of that any Patent; 12.1.3 Nothing in this Agreement shall be construed as a warranty or representation that anything developed, made, used, imported, or sold under any license under this Agreement is or will be hardware locks delivered with AMS are free from infringement defects in workmanship. This warranty applies for thirty (30) days from the delivery of domestic or foreign patents of third partiesthe Product ("Warranty Period"). ABT gives no other warranties, neither express nor implied. 12.2 LICENSEE represents and warrants that LICENSEE has 7.2 ABT does not warrant the right to enter into this Agreement and perform its obligations hereunder. 12.3 Nothing in this Agreement shall be deemed to be or construed as conferring by implication or otherwise any license or rights under any patents accuracy and/or the applicability of SENESCO other than under the Licensed Patents, provided however that SENESCO will not assert any patent rights owned or licensed in by SENESCO 1) against LICENSEE’s legitimate results obtained from the use of the Licensed Technology Products. The Licensee agrees that it is the responsibility of the Licensee to validate by physical experiments or otherwise that the results obtained with the Products are correct. AMS should not be relied on as the sole basis to solve a problem whose incorrect solution could result in injury to a person or property. 7.3 The Licensee bears the full risk and Licensed Know-How any economic consequences of the use of the Products and accepts that Licensee has no claims against ABT in this respect even if ABT, its officers or agents was informed that a loss on the Licensees part might arise. Licensee is advised not to make any decisions based on the use of the Products without having obtained expert advice and performed real life testing. 7.4 The Licensee specifically acknowledges that Licensee is aware that the data contained in the framework AMMR stems from many different sources and constitute a compilation of its research data or refinements hereof. The Licensee accepts that the data, which are certain to be incomplete and development activities may be false even if ABT has taken reasonable steps to avoid this, are provided "as is" and that ABT grants no warranty in this respect. 7.5 The warranties provided under this Agreement and 2section shall only apply to the most current version of the Products made available to Licensee. These warranties shall not apply if ABT has notified Licensee in writing that ABT no longer supports the operating system version on which the Products are licensed. 7.6 The warranties under this section shall further not apply to any breach of warranty (defects or infringements) against caused by modifications to the commercial Products made by Licensee or by any combination of the Products with any other software, or by use of any product for which remuneration is paid, or is expected to be paid pursuant to Article 11.2 other than the most-current version of this Agreement. For the avoidance of doubt, a Product incorporating a Licensee Improvement will be subject to the payment of a Product Launch fee in accordance with Article 11.2Products. 12.4 Neither Party shall be liable for any indirect, special, incidental or consequential damages in connection with this Agreement and its implementation. 12.5 LICENSEE does not guarantee that its activities pursuant to this Agreement will lead to any specific result. 12.6 LICENSEE shall not be liable for the consequences of its decisions or actions under Article 9 except for gross negligence and willful misconduct. 12.7 SENESCO makes no express or implied warranties of merchantability or fitness for a particular purpose with respect to the invention.