Nastech's Representations and Warranties. Nastech hereby represents and warrants that as of the Effective Date (i) to the best of its knowledge, the use or practice of the Nasal Morphine Technology does not infringe any patent right owned by any third party, (ii) Nastech is the sole record and beneficial owner of the Nasal Morphine Technology and (iii) that Nastech has not granted any other licenses or rights of any kind in the Nasal Morphine Technology to any third party. The parties expressly acknowledge, however, that except as otherwise expressly set forth in this Agreement, Nastech does not warrant the actual enforceability of any patent or patent application which may be a part of the Patent Rights or Know-How nor does Nastech warrant or covenant as to the commercial viability or success of the Products.
