Common use of Negation of Warranties Clause in Contracts

Negation of Warranties. 8.1 Nothing in this Agreement is or shall be construed as: (a) a warranty or representation by STANFORD as to the validity or scope of any Licensed Patents; (b) a warranty or representation that anything made, used, sold or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of patents, copyrights and other rights of third parties; (c) an obligation to bring or prosecute actions or suits against third parties for infringement, except to the extent and in the circumstances described in Article 13; (d) granting by implication, estoppel or otherwise any licenses or rights under patents or other rights of STANFORD or other persons other than Licensed Technology, regardless of whether such patents or other rights are dominant or subordinate to any Licensed Technology; or (e) an obligation to furnish any technology or technological information other than the Licensed Technology. 8.2 Except as expressly set forth in this Agreement, STANFORD MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE LICENSED PRODUCT(S) WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES. 8.3 RIGEL agrees that nothing in this Agreement grants RIGEL any express or implied license or right under or to U.S. Patent 4,656,134 "Amplification of Eucaryotic Genes" or any patent application corresponding thereto.

Appears in 4 contracts

Samples: Collaboration Agreement (Rigel Pharmaceuticals Inc), Collaboration Agreement (Rigel Pharmaceuticals Inc), Collaboration Agreement (Rigel Pharmaceuticals Inc)

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Negation of Warranties. 8.1 Nothing in this Agreement is or shall be construed as: (a) a A warranty or representation by STANFORD as to the validity or scope of any Licensed PatentsPatent(s); (b) a A warranty or representation that anything made, used, sold sold, or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of patents, copyrights copyrights, and other rights of third parties; (c) an An obligation to bring or prosecute actions or suits against third parties for infringement, except to the extent and in the circumstances described in Article 1312; (d) granting Granting by implication, estoppel estoppel, or otherwise any licenses or rights under patents or other rights of STANFORD or other persons other than Licensed TechnologyPatent(s), regardless of whether such patents or other rights are dominant or subordinate to any Licensed TechnologyPatent(s); or (e) an An obligation to furnish any technology or technological information other than the Licensed Technologyinformation. 8.2 Except as expressly set forth in this Agreement, STANFORD MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE LICENSED PRODUCT(S) WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES. 8.3 RIGEL LICENSEE agrees that nothing in this Agreement grants RIGEL LICENSEE any express or implied license or right under or to U.S. Patent 4,656,134 "Amplification of Eucaryotic Genes" or any patent application corresponding thereto.

Appears in 3 contracts

Samples: Licensing Agreement (Xenogen Corp), Licensing Agreement (Xenogen Corp), Licensing Agreement (Caliper Life Sciences Inc)

Negation of Warranties. 8.1 Nothing in this Agreement is or shall be construed as: (a) a A warranty or representation by STANFORD as to the validity or scope of any Licensed PatentsPatent(s); (b) a A warranty or representation that anything made, used, sold sold, or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of patents, copyrights copyrights, and other rights of third parties; (c) an An obligation to bring or prosecute actions or suits against third parties for infringement, except to the extent and in the circumstances described in Article 1312; (d) granting Granting by implication, estoppel estoppel, or otherwise any licenses or rights under patents or other rights of STANFORD or other persons other than Licensed TechnologyPatent(s), regardless of whether such patents or other rights are dominant or subordinate to any Licensed TechnologyPatent(s); or (e) an An obligation to furnish any technology or technological information other than the Licensed Technologyinformation. 8.2 Except as expressly set forth in this Agreement, STANFORD MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE LICENSED PRODUCT(S) WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES. 8.3 RIGEL LICENSEE agrees that nothing in this Agreement grants RIGEL LICENSEE any express or implied license or right under or to U.S. Patent 4,656,134 "Amplification of Eucaryotic Genes" or any patent application corresponding thereto.

Appears in 2 contracts

Samples: Licensing Agreement (Xenogen Corp), Licensing Agreement (Xenogen Corp)

Negation of Warranties. 8.1 9.1 Nothing in this Agreement is or shall be construed as: (a) a A warranty or representation by STANFORD as to the validity or scope of any Licensed PatentsPatent(s); (b) a A warranty or representation that anything made, used, sold sold, or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of patents, copyrights copyrights, and other rights of third parties; (c) an An obligation to bring or prosecute actions or suits against third parties for infringement, except to the extent and in the circumstances described in Article 13; (d) granting Granting by implication, estoppel estoppel, or otherwise any licenses or rights under patents or other rights of STANFORD or other persons other than Licensed TechnologyPatent(s), regardless of whether such patents or other rights are dominant or subordinate to any Licensed TechnologyPatent(s); or (e) an An obligation to furnish any technology or technological information other than the Licensed Technology. 8.2 9.2 Except as expressly set forth in this Agreement, STANFORD MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE LICENSED PRODUCT(S) Licensed Product(s), Licensed Program(s), Software, OR Technology WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES. 8.3 RIGEL agrees that nothing in this Agreement grants RIGEL any express or implied license or right under or to U.S. Patent 4,656,134 "Amplification of Eucaryotic Genes" or any patent application corresponding thereto.

Appears in 2 contracts

Samples: License Agreement, License Agreement (Google Inc.)

Negation of Warranties. 8.1 9.1 Nothing in this Agreement is or shall be construed as: (a) a A warranty or representation by STANFORD as to the validity or scope of any Licensed PatentsPatent(s); (b) a A warranty or representation that anything made, used, sold sold, or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of patents, copyrights copyrights, and other rights of third parties; (c) an An obligation to bring or prosecute actions or suits against third parties for infringement, except to the extent and in the circumstances described in Article 13; (d) granting Granting by implication, estoppel estoppel, or otherwise any licenses or rights under patents or other rights of STANFORD or other persons other than Licensed TechnologyPatent(s), regardless of whether such patents or other rights are dominant or subordinate to any Licensed TechnologyPatent(s); or (e) an An obligation to furnish any technology or technological information other than the Licensed Technology. 8.2 9.2 Except as expressly set forth in this Agreement, the Agreement STANFORD MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. , THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE LICENSED PRODUCT(S) WILL NOT INFRINGE ANY PATENTSECURITIES ACT OF 1933, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTIESAS AMENDED. 8.3 RIGEL agrees that nothing in this Agreement grants RIGEL any express or implied license or right under or to U.S. Patent 4,656,134 "Amplification of Eucaryotic Genes" or any patent application corresponding thereto.

Appears in 2 contracts

Samples: Collaboration Agreement (Rigel Pharmaceuticals Inc), Collaboration Agreement (Rigel Pharmaceuticals Inc)

Negation of Warranties. 8.1 9.1 Nothing in this Agreement is or shall be construed as: (a) a A warranty or representation by STANFORD as to the validity or scope of any Licensed PatentsPatent(s); (b) a A warranty or representation that anything made, used, sold sold, or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of patents, copyrights copyrights, and other rights of third parties; (c) an An obligation to bring or prosecute actions or suits against third parties for infringement, except to the extent and in the circumstances described in Article 13; (d) granting Granting by implication, estoppel estoppel, or otherwise any licenses or rights under patents or other rights of STANFORD or other persons other than Licensed TechnologyPatent(s), regardless of whether such patents or other rights are dominant or subordinate to any Licensed TechnologyPatent(s); or (e) an An obligation to furnish any technology or technological information other than the Licensed Technology. 8.2 9.2 Except as expressly set forth in this Agreement, the Agreement STANFORD MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. , THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE LICENSED PRODUCT(S) WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS RIGHTS, OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES. 8.3 9.3 RIGEL agrees that nothing in this Agreement grants RIGEL any express or implied license or right under or to to: a) U.S. Patent No. 4,237,224, "Process for Producing Biologically Functional Molecular Chimeras"; U.S. Patent No. 4,468,464 and U.S. Patent No. 4,740470, both entitled, "Biologically Functional Molecular Chimeras" (collectively known as the Xxxxx/Xxxxx patents), or reissues thereof; or b) U.S. Patent 4,656,134 "Amplification of Eucaryotic Genes" or any patent application corresponding thereto. 9.4 STANFORD warrants that it has all right, power and authority necessary to grant the licenses set forth in Article 3 to RIGEL, and that it has not, and will not during the term of this Agreement, grant any right to any third party which would conflict with the rights granted to RIGEL hereunder.

Appears in 2 contracts

Samples: Collaboration Agreement (Rigel Pharmaceuticals Inc), Collaboration Agreement (Rigel Pharmaceuticals Inc)

Negation of Warranties. 8.1 a. Nothing in this Agreement is or shall be construed as: (a) i. a warranty or representation by STANFORD USC as to the validity or scope of any Licensed Patents;the PATENT and/or PATENT Application; or (b) ii. a warranty or representation that anything any PRODUCTS made, used, sold or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of patents, copyrights and other rights patents of third parties;; or (c) iii. an obligation to bring or prosecute actions or suits against third parties for infringement; or iv. conferring the rights to use in advertising, except to the extent and in the circumstances described in Article 13; (d) granting by implication, estoppel publicity or otherwise any licenses trademark, trade name, or rights under patents names or other rights any contraction, abbreviation, simulation or adoption thereof, of STANFORD USC or other persons other than Licensed Technology, regardless of whether such patents or other rights are dominant or subordinate to any Licensed TechnologyLicensee; or (e) an v. any obligation to furnish any technology or technological information other than the Licensed Technologyknow-how not provided. 8.2 Except as expressly set forth in this Agreement, STANFORD b. USC MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, nor does USC represent that the rights granted hereunder will result in PRODUCTS that are commercially successful. c. Licensee further agrees that it will not rely upon technical information provided by USC and Inventor in developing and manufacturing any PRODUCTS hereunder, but will independently test, analyze and evaluate all PRODUCTS prior to manufacture and distribution of such PRODUCTS. d. UNDER NO CIRCUMSTANCES SHALL USC BE LIABLE TO LICENSEE OR THAT ANY OF ITS SUBLICENSEES FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE AGREEMENT. NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCE SHALL USC HAVE ANY CUMULATIVE LIABILITY FOR ANY CLAIM ARISING FROM THIS AGREEMENT IN EXCESS OF THE LICENSED PRODUCT(S) WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTIESTOTAL AMOUNTS PAID BY LICENSEE TO USE UNDER THIS AGREEMENT. 8.3 RIGEL agrees that nothing in this Agreement grants RIGEL any express or implied license or right under or to U.S. Patent 4,656,134 "Amplification of Eucaryotic Genes" or any patent application corresponding thereto.

Appears in 2 contracts

Samples: Option & License Agreement (Biokeys Pharmaceuticals Inc), Option & License Agreement (Biokeys Pharmaceuticals Inc)

Negation of Warranties. 8.1 9.1 Nothing in this Agreement is or shall be construed as: (a) a A warranty or representation by STANFORD as to the validity or scope of any Licensed PatentsPatent(s); (b) a A warranty or representation that anything made, used, sold sold, or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of patents, copyrights copyrights, and other rights of third parties; (c) an An obligation to bring or prosecute actions or suits against third parties for infringement, except to the extent and in the circumstances described in Article 13; (d) granting Granting by implication, estoppel estoppel, or otherwise any licenses or rights under patents or other rights of STANFORD or other persons other than Licensed TechnologyPatent(s), regardless of whether such patents or other rights are dominant or subordinate to any Licensed TechnologyPatent(s); or (e) an An obligation to furnish any technology or technological information other than the Licensed Technology. 8.2 9.2 Except as expressly set forth in this Agreement, the Agreement STANFORD MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. , THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE LICENSED PRODUCT(S) WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS RIGHTS, OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES. 8.3 9.3 RIGEL agrees that nothing in this Agreement grants RIGEL any express or implied license or right under or to to: (a) U.S. Patent No. 4,237,224, "Process for Producing Biologically Functional Molecular Chimeras"; U.S. Patent No. 4,468,464 and U.S. Patent No. 4,740470, both entitled, "Biologically Functional Molecular Chimeras" (collectively known as the Xxxxx/Xxxxx patents), or reissues thereof; or (b) U.S. Patent 4,656,134 "Amplification of Eucaryotic Genes" or any patent application corresponding thereto. 9.4 STANFORD represents and warrants that it has all right, power and authority necessary to grant the licenses set forth in Article 3 to RIGEL, and that it has not, and will not during the term of this Agreement, grant any right to any third party which would conflict with the rights granted to RIGEL hereunder.

Appears in 2 contracts

Samples: Collaboration Agreement (Rigel Pharmaceuticals Inc), Collaboration Agreement (Rigel Pharmaceuticals Inc)

Negation of Warranties. 8.1 9.1 Nothing in this Agreement is or shall can be construed as: (a) a A warranty or representation by STANFORD as to the validity or scope of any Licensed PatentsPatent; (b) a A warranty or representation that anything made, used, sold sold, or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of patents, copyrights copyrights, and other rights of third parties; (c) an An obligation to bring or prosecute actions or suits against third parties for infringement, except to the extent and in the circumstances as described in Article 13;; or (d) granting Granting by implication, estoppel estoppel, or otherwise any licenses or rights under patents or other rights of STANFORD or other persons other than Licensed TechnologyPatent, regardless of whether such the patents or other rights are dominant or subordinate to any Licensed Technology; or (e) an obligation to furnish any technology or technological information other than the Licensed TechnologyPatent. 8.2 9.2 Except as expressly set forth in this Agreement, STANFORD MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KINDmakes no representations and extends no warranties of any kind, EITHER EXPRESS OR IMPLIEDeither express or implied. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEThere are no express or implied warranties of merchantability or fitness for a particular purpose, OR THAT THE USE OF THE LICENSED PRODUCT(S) WILL NOT INFRINGE ANY PATENTor that the use of the Licensed Product will not infringe any patent, COPYRIGHTcopyright, TRADEMARKtrademark, OR OTHER RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTIESor other rights or any other express or implied warranties. 8.3 RIGEL 9.3 ONTOGENY agrees that nothing in this Agreement grants RIGEL ONTOGENY any express or implied license or right under or to to: (a) U.S. Patent No. 4,237,224, "Process for Producing Biologically Functional Molecular Chimeras"; U.S. Patent No. 4,468,464 and U.S. Patent No. 4,740,470, both entitled, "Biologically Functional Molecular Chimeras" (collectively known as the Xxxxx/Xxxxx patents), or reissues; or (b) U.S. Patent 4,656,134 "Amplification of Eucaryotic Genes" or any corresponding patent application corresponding theretoapplications.

Appears in 2 contracts

Samples: License Agreement (Curis Inc), License Agreement (Curis Inc)

Negation of Warranties. 8.1 Nothing in this Agreement is or shall be construed as: (a) a : A warranty or representation by STANFORD BRUK as to the validity or scope of any Licensed Patents; (b) a Patent; A warranty or representation that anything made, used, sold sold, or otherwise disposed of under any license granted in this Agreement Agreement, is or will be free from infringement of patents, copyrights copyrights, and other rights of third parties; (c) an ; An obligation to bring or prosecute actions or suits against third parties for infringement, except to the extent and in the circumstances described in Article 13; (d) granting ; Granting by implication, estoppel estoppel, or otherwise any licenses or rights under patents or other rights of STANFORD BRUK or other persons other than Licensed TechnologyPatents, regardless of whether such patents or other rights are dominant or subordinate to any Licensed TechnologyPatent; or (e) an or An obligation to furnish any technology or technological information other than the Licensed Technology. 8.2 Patent. Except as expressly set forth in this Agreement, STANFORD BRUK MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE LICENSED PRODUCT(S) PRODUCTS AND/OR RELATED SERVICES WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES. 8.3 RIGEL agrees that nothing in this Agreement grants RIGEL any express or implied license or right under or to U.S. Patent 4,656,134 "Amplification of Eucaryotic Genes" or any patent application corresponding thereto.

Appears in 2 contracts

Samples: License Agreement, Patent License Agreement (Kunekt Corp)

Negation of Warranties. 8.1 To the best of STANFORDS OTL's knowledge, STANFORD is the sole owner of U.S. patent application Serial No. 965, 903 filed 11/7/97 and U.S. provisional patent application Serial No. 60/030,232 filed 11/7/96. 8.2 Nothing in this Agreement is or shall be construed as: (a) a A warranty or representation by STANFORD as to the validity or scope of any Licensed PatentsPatent(s); (b) a A warranty or representation that anything made, used, sold sold, or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of patents, copyrights copyrights, and other rights of third parties; however, STANFORD does represent that it has not received notice of any assertion that any of the patents/patent applications or subject inventions infringe upon any third party's know-how, patent or other intellectual property rights as of the Effective Date; (c) an An obligation to bring or prosecute actions or suits against third parties for infringement, except to the extent and in the circumstances described in Article 13;12; or (d) granting Granting by implication, estoppel estoppel, or otherwise any licenses or rights under patents or other rights of STANFORD or other persons other than Licensed TechnologyPatent(s), regardless of whether such patents or other rights are dominant or subordinate to any Licensed Technology; or (e) an obligation to furnish any technology or technological information other than the Licensed TechnologyPatent(s). 8.2 8.3 Except as expressly set forth in this Agreement, STANFORD MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE LICENSED PRODUCT(S) WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES. 8.3 RIGEL 8.4 LICENSEE agrees that nothing in this Agreement grants RIGEL LICENSEE any express or implied license or right under or to U.S. Patent 4,656,134 "'Amplification of Eucaryotic Genes" ' or any patent application corresponding thereto.

Appears in 2 contracts

Samples: License Agreement (Curis Inc), License Agreement (Curis Inc)

Negation of Warranties. 8.1 Nothing in this Agreement is or shall be construed as: (a) a A warranty or representation by STANFORD BWH as to the validity or scope of any Licensed PatentsPatent(s); (b) a A warranty or representation that anything made, used, sold sold, or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of patents, copyrights copyrights, and other rights of third parties; (c) an An obligation to bring or prosecute actions or suits against third parties for infringement, except to the extent and in the circumstances described in Article 1312; (d) granting Granting by implication, estoppel estoppel, or otherwise any licenses or rights under patents or other rights of STANFORD BWH or other persons other than Licensed TechnologyPatent(s), regardless of whether such patents or other rights are dominant or subordinate to any Licensed Technology; or (e) an obligation to furnish any technology or technological information other than the Licensed TechnologyPatent(s). 8.2 Except as expressly set forth in this Agreementherein, STANFORD BWH MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KINDWARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO ANY INVENTION OR PRODUCT CONCEIVED, DISCOVERED, LICENSED OR DEVELOPED UNDER THIS LICENSE AGREEMENT. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OF ANY SUCH INVENTION OR PRODUCT, OR THAT THE USE OF THE LICENSED PRODUCT(S) WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, PATENT OR OTHER RIGHTS RIGHTS. BWH SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR OTHER DAMAGES SUFFERED BY LICENSEE, ANY SUBLICENSEE OR ANY OTHER EXPRESS OTHERS RESULTING FROM ANY SUCH INVENTION OR IMPLIED WARRANTIESPRODUCT. 8.3 RIGEL agrees that nothing in this Agreement grants RIGEL any express or implied license or right under or to U.S. Patent 4,656,134 "Amplification of Eucaryotic Genes" or any patent application corresponding thereto.

Appears in 2 contracts

Samples: License Agreement (Corgentech Inc), License Agreement (Corgentech Inc)

Negation of Warranties. 8.1 9.1 Nothing in this Agreement is or shall be construed as: (a) a A warranty or representation by STANFORD as to the validity or scope of any Licensed Patents;Patent(s); [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. (b) a A warranty or representation that anything made, used, sold sold, or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of patents, copyrights copyrights, and other rights of third parties; (c) an An obligation to bring or prosecute actions or suits against third parties for infringement, except to the extent and in the circumstances described in Article 13; (d) granting Granting by implication, estoppel estoppel, or otherwise any licenses or rights under patents or other rights of STANFORD or other persons other than Licensed TechnologyPatent(s), regardless of whether such patents or other rights are dominant or subordinate to any Licensed TechnologyPatent(s); or (e) an An obligation to furnish any technology or technological information other than the Licensed Technology. 8.2 9.2 Except as expressly set forth in this Agreement, the Agreement STANFORD MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. , THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE LICENSED PRODUCT(S) WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS RIGHTS, OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES. 8.3 9.3 RIGEL agrees that nothing in this Agreement grants RIGEL any express or implied license or right under or to to: (a) U.S. Patent No. 4,237,224, "Process for Producing Biologically Functional Molecular Chimeras"; U.S. Patent No. 4,468,464 and U.S. Patent No. 4,740470, both entitled, "Biologically Functional Molecular Chimeras" (collectively known as the Xxxxx/Xxxxx patents), or reissues thereof; or (b) U.S. Patent 4,656,134 "Amplification of Eucaryotic Genes" or any patent application corresponding thereto. 9.4 STANFORD represents and warrants that it has all right, power and authority necessary to grant the licenses set forth in Article 3 to RIGEL, and that it has not, and will not during the term of this Agreement, grant any right to any third party which would conflict with the rights granted to RIGEL hereunder.

Appears in 2 contracts

Samples: Collaboration Agreement (Rigel Pharmaceuticals Inc), Collaboration Agreement (Rigel Pharmaceuticals Inc)

Negation of Warranties. 8.1 Nothing in this Agreement is or shall be construed as: (a) a A warranty or representation by STANFORD as to the validity or scope of any Licensed PatentsPatent(s); (b) a A warranty or representation that anything made, used, sold sold, or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of patents, copyrights copyrights, and other rights of third parties; (c) an An obligation to bring or prosecute actions or suits against third parties for infringement, except to the extent and in the circumstances described in Article 1312; (d) granting Granting by implication, estoppel estoppel, or otherwise any licenses or rights under patents or other rights of STANFORD or other persons other than Licensed TechnologyPatent(s), regardless of whether such patents or other rights are dominant or subordinate to any Licensed TechnologyPatent(s); or (e) an An obligation to furnish any technology or technological information other than the Licensed Technology. 8.2 Except as expressly set forth in this Agreement, STANFORD MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR **CONFIDENTIAL TREATMENT REQUESTED THAT THE USE OF THE LICENSED PRODUCT(SPRODUCTS(S) WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES. 8.3 RIGEL LICENSEE agrees that nothing in this Agreement grants RIGEL LICENSEE any express or implied license or right under or to to: (a) U.S. Patent No. 4,237,224, "Process for Producing Biologically Functional Molecular Chimeras," U.S. Patent No. 4,468,464 and U.S. Patent No. 4,740,470, both entitled, "Biologically Functional Molecular Chimeras" (collectively known as the Cohex/Xxxex xxxents) or reissues thereof; or (b) U.S. Patent 4,656,134 "Amplification of Eucaryotic Genes" or any patent application corresponding thereto.

Appears in 1 contract

Samples: Collaboration and License Agreement (Genelabs Technologies Inc /Ca)

Negation of Warranties. 8.1 Nothing in this Agreement is or shall be construed as: (a) a A warranty or representation by STANFORD as to the validity or scope of any Licensed PatentsPatent(s); (b) a A warranty or representation that anything made, used, sold sold, or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of patents, copyrights copyrights, and other rights of third parties; (c) an An obligation to bring or prosecute actions or suits against third parties for infringement, except to the extent and in the circumstances described in Article 1312; (d) granting Granting by implication, estoppel estoppel, or otherwise any licenses or rights under patents or other rights of STANFORD or other persons other than Licensed TechnologyPatent(s), regardless of whether such patents or other rights are dominant or subordinate to any Licensed TechnologyPatent(s); or (e) an An obligation to furnish any technology or technological information other than the Licensed Technology. 8.2 Except for the rights, if any, of the Government of the United States of America, as set forth in Section 4, STANFORD represents and warrants that, to the best of its knowledge: (a) STANFORD is the owner of the entire right, title, and interest in and to Licensed Subject Matter; (b) STANFORD has the sole right and authority to enter into this License Agreement and grant the rights and licenses hereunder; (c) STANFORD has not previously granted and will not grant any rights in the Licensed Subject Matter or Licensed Products that are inconsistent with the rights and licenses granted to LICENSEE herein; and, (d) Schedule B includes all patents and patent applications within Licensed Patents existing as of the Effective Date and STANFORD owns no rights in any other patent or patent application, that claim any invention relating to the administration of a polynucleotide encoding an autoantigen [*] recognizing STANFORD has no practical means to check whether such patent or patent application exist. 8.3 Except as expressly set forth in this Agreement, STANFORD MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE LICENSED PRODUCT(S) WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES. 8.3 RIGEL 8.4 LICENSEE agrees that nothing in this Agreement grants RIGEL LICENSEE any express or implied license or right under or to U.S. Patent 4,656,134 "Amplification of Eucaryotic Genes" [*] or any patent application corresponding thereto.

Appears in 1 contract

Samples: Licensing Agreement (Bayhill Therapeutics, Inc.)

Negation of Warranties. 8.1 STANFORD represents that it owns the Biological Materials and has the right to grant the licenses of this Agreement; it has not entered into any agreement which is inconsistent with the rights and licenses granted to LICENSEE under this Agreement. 8.2 Nothing in this Agreement is or shall be construed as: (a) a warranty or representation by STANFORD as to the validity or scope of any Licensed Patents; (b) a A warranty or representation that anything made, used, sold sold, or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of patents, copyrights copyrights, and other rights trademarks of third parties; (b) Conferring rights to use in advertising, publicity, or otherwise any trademark or the name of "STANFORD"; or (c) an obligation to bring or prosecute actions or suits against third parties for infringement, except to the extent and in the circumstances described in Article 13; (d) granting Granting by implication, estoppel estoppel, or otherwise any licenses or rights under patents or other rights of STANFORD or other persons other than Licensed Technology, regardless of whether such patents or other rights are dominant or subordinate to any Licensed Technology; or (e) an obligation to furnish any technology or technological information other than the Licensed TechnologySTANFORD. 8.2 8.3 Except as expressly set forth in this Agreement, STANFORD MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE LICENSED PRODUCT(S) WILL NOT INFRINGE ANY PATENT, COPYRIGHT, OR TRADEMARK, OR OTHER RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES. 8.3 RIGEL 8.4 LICENSEE agrees that nothing in this Agreement grants RIGEL LICENSEE any express or implied license or right under or to to: (a) U.S. Patent 4,656,134 No. 4,237,224, "Amplification of Eucaryotic GenesProcess for Producing Biologically Functional Molecular Chimeras"; U.S. Patent No. 4,468,464 and U.S. Patent No. 4,740,470, both entitled, "Biologically Functional Molecular Chimeras," (collectively known as the Cohex/Xxxex xxxents) or any patent application corresponding thereto.reissues thereof; or

Appears in 1 contract

Samples: License Agreement (Leukosite Inc)

Negation of Warranties. 8.1 Nothing in this Agreement is or shall be construed as: (a) a A warranty or representation by by: STANFORD as to the validity or scope of any Licensed PatentsPatent(s); (b) a A warranty or representation that anything made, used, sold sold, or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of patents, copyrights copyrights, and other rights of third parties; (c) an An obligation to bring or prosecute actions or suits against third parties for infringement, except to the extent and in the circumstances described in Article 1312; (d) granting Granting by implication, estoppel estoppel, or otherwise any licenses or rights under patents or other rights of STANFORD or other persons other than Licensed TechnologyPatent(s), regardless of whether such patents or other rights are dominant or subordinate to any Licensed TechnologyPatent(s); or (e) an An obligation to furnish any technology or technological information other than the Licensed Technology. 8.2 Except as expressly set forth in this Agreement, STANFORD MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE LICENSED PRODUCT(S) WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES. [*] CONFIDENTIAL TREATMENT REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION. 8.3 RIGEL LICENSEE agrees that nothing in this Agreement grants RIGEL LICENSEE any express or implied license or right under or to U.S. Patent 4,656,134 "Amplification of Eucaryotic Genes" or any patent application corresponding thereto.

Appears in 1 contract

Samples: License Agreement (North American Scientific Inc)

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Negation of Warranties. 8.1 9.1. Nothing in this Agreement is or shall be construed as: (a) a A warranty or representation by STANFORD or HARVARD as to the validity or scope of any Licensed PatentsPatent(s); (b) a A warranty or representation that anything made, used, sold sold, or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of any other patents, copyrights copyrights, and other rights of third partiesrights; (c) an An obligation to bring or prosecute actions or suits against third parties for infringement, except to the extent and in the circumstances described in Article 13; (d) granting Granting by implication, estoppel estoppel, or otherwise any licenses or rights under patents or other rights of STANFORD or HARVARD or other persons other than Licensed TechnologyPatent(s), regardless of whether such patents or other rights are dominant or subordinate to any Licensed TechnologyPatent(s); or (e) an An obligation to furnish any technology or technological information other than that presented or described in the Licensed TechnologyPatent(s). 8.2 9.2. Except as expressly set forth in this Agreement, STANFORD MAKES AND HARVARD MAKE NO REPRESENTATIONS AND EXTENDS EXTEND NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE MANUFACTURE, USE OR SALE OF THE LICENSED PRODUCT(S) WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES. 8.3 RIGEL 9.3. AGT agrees that nothing in this Agreement grants RIGEL AGT any express or implied license or right under or to U.S. to: (a) United States Patent No. 4,237,224, "Process for Producing Biologically Functional Molecular Chimeras"; United States Patent No. 4,468,464 and United States Patent No. 4,740,470, both entitled, "Biologically Functional Molecular Chimeras" (collectively known as the Cohex/Xxxex xxxents), or reissues thereof; or (b) United States Patent 4,656,134 "Amplification of Eucaryotic Genes" or any patent application corresponding thereto.

Appears in 1 contract

Samples: Agreement (Ariad Pharmaceuticals Inc)

Negation of Warranties. 8.1 Nothing in this Agreement is or shall be construed as: (a) a A warranty or representation by STANFORD UW as to the patentability, validity or scope of any Licensed PatentsPatent(s); (b) a A warranty or representation that anything made, used, sold sold, or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of patents, copyrights and copyrights, or other rights of third partiesnot included in Licensed Patent(s); (c) an An obligation to bring or prosecute actions or suits against third parties for infringement, except to the extent and in the circumstances described in Article 1312; (d) granting Granting by implication, estoppel estoppel, or otherwise any licenses or rights under patents or other rights of STANFORD UW or other persons other than Licensed TechnologyPatent(s), regardless of whether such patents or other rights are dominant or subordinate to any Licensed TechnologyPatent(s); or (e) an An obligation to furnish any technology or technological information other than the Licensed Technology. 8.2 Except as expressly set forth in this Agreement, STANFORD UW MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE LICENSED PRODUCT(S) OR TECHNOLOGY WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, TRADEMARK OR OTHER RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES. UW'S TOTAL LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE COSTS AND FEES PAID TO UW UNDER THIS AGREEMENT. 8.3 RIGEL agrees that nothing in this Agreement grants RIGEL any express or implied license or right under or to U.S. Patent 4,656,134 "Amplification of Eucaryotic Genes" or any patent application corresponding thereto.

Appears in 1 contract

Samples: License Agreement (North American Scientific Inc)

Negation of Warranties. 8.1 STANFORD represents that it owns the Biological Materials and has the right to grant the licenses of this Agreement; it has not entered into any agreement which is inconsistent with the rights and licenses granted to LICENSEE under this Agreement. 8.2 Nothing in this Agreement is or shall be construed as: (a) a warranty or representation by STANFORD as to the validity or scope of any Licensed Patents; (b) a A warranty or representation that anything made, used, sold sold, or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of patents, copyrights copyrights, and other rights trademarks of third parties; (b) Conferring rights to use in advertising, publicity, or otherwise any trademark or the name of "STANFORD"; or (c) an obligation to bring or prosecute actions or suits against third parties for infringement, except to the extent and in the circumstances described in Article 13; (d) granting Granting by implication, estoppel estoppel, or otherwise any licenses or rights under patents or other rights of STANFORD or other persons other than Licensed Technology, regardless of whether such patents or other rights are dominant or subordinate to any Licensed Technology; or (e) an obligation to furnish any technology or technological information other than the Licensed TechnologySTANFORD. 8.2 8.3 Except as expressly set forth in this Agreement, STANFORD MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE LICENSED PRODUCT(S) WILL NOT INFRINGE ANY PATENT, COPYRIGHT, OR TRADEMARK, OR OTHER RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES. 8.3 RIGEL 8.4 LICENSEE agrees that nothing in this Agreement grants RIGEL LICENSEE any express or implied license or right under or to to: (a) U.S. Patent 4,656,134 No. 4,237,224, "Process for Producing Biologically Functional Molecular Chimeras"; U.S. Patent No. 4,468,464 and U.S. Patent No. 4,740,470, both entitled, "Biologically Functional Molecular (b) U.S. Patent 4,656,134, "Amplification of Eucaryotic Genes," or any patent application corresponding thereto.

Appears in 1 contract

Samples: License Agreement (Leukosite Inc)

Negation of Warranties. 8.1 Nothing in this Agreement is or shall be construed as: (a) a warranty or representation by STANFORD as to the validity or scope of any Licensed Patents; (b) a 8.1.1 A warranty or representation that anything made, used, sold sold, or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of patents, copyrights and copyrights, or other rights of third parties; (c) an 8.1.2 An obligation to bring or prosecute actions or suits against third parties for infringement, except to the extent and in the circumstances described in Article 13; (d) granting 8.1.3 Granting by implication, estoppel estoppel, or otherwise any licenses or rights under patents or other rights of STANFORD Crossroads or other persons other than Licensed Technologyunder the `972 Patent, regardless of whether such patents or other rights are dominant or subordinate to any Licensed Technologythe `972 Patent; or (e) an 8.1.4 An obligation to furnish any technology or technology, technological information or other than the Licensed Technologysupport. 8.2 Except as expressly set forth in this Agreement, STANFORD CROSSROADS MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE LICENSED PRODUCT(S) WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES. 8.3 RIGEL agrees that nothing in this Agreement grants RIGEL any express or implied license or right under or to U.S. Patent 4,656,134 "Amplification of Eucaryotic Genes" or any patent application corresponding theretoNEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, WHETHER IN TORT, STRICT LIABILITY, CONTRACT OR OTHERWISE ARISING OUT OF THIS AGREEMENT. CROSSROADS SHALL NOT HAVE ANY RESPONSIBILITIES OR LIABILITIES WHATSOEVER WITH RESPECT TO THE LICENSED PRODUCTS.

Appears in 1 contract

Samples: Settlement and License Agreement (Crossroads Systems Inc)

Negation of Warranties. 8.1 Nothing A. VNI represents and warrants to ARTISOFT at the Effective Date that: (a) VNI is a corporation, duly organized, validly existing and in good standing under the laws of the State of California and has all rights and power necessary to execute, deliver and perform its obligations under this Agreement, including the right to grant the licenses granted hereunder; (b) the execution, delivery and performance of this Agreement by VNI (a) has been approved by any necessary company action and (b) is not contrary to, or in conflict with, the formation and governance documents of VNI, any material agreement by which VNI is bound or any applicable law; (c) VNI has received assignment of all right, title and interest in and to the C-Data Patents from each employee and consultant of VNI contributing to the invention thereof; and (d) VNI has not assigned any interest in the C-Data Patents to any third party. B. Except as expressly set forth above in Section 7A, nothing in this Agreement is or shall be construed as: (a) a A warranty or representation by STANFORD VNI as to the validity or scope of any Licensed PatentsC-Data Patent; (b) a A warranty or representation that anything made, used, sold sold, or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of patents, copyrights copyrights, and other rights of third parties; (c) an obligation to bring or prosecute actions or suits against third parties for infringement, except to the extent and in the circumstances described in Article 13; (d) granting Granting by implication, estoppel estoppel, or otherwise any licenses or rights under patents or other rights of STANFORD VNI or other persons other than Licensed TechnologyC-Data Patents, regardless of whether such patents or other rights are dominant or subordinate to any Licensed TechnologyC-Data Patent; or (ed) an An obligation to furnish any technology or technological information other than the Licensed Technologyinformation. 8.2 C. Except as expressly set forth in this Agreement, STANFORD VNI MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE LICENSED PRODUCT(S) PRODUCT WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS RIGHTS, OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES. 8.3 RIGEL agrees that nothing in this Agreement grants RIGEL any express or implied license or right under or to U.S. Patent 4,656,134 "Amplification of Eucaryotic Genes" or any patent application corresponding thereto.

Appears in 1 contract

Samples: Licensing Agreement (Artisoft Inc)

Negation of Warranties. 8.1 Nothing in this Agreement is or shall be construed as: (a) a A warranty or representation by STANFORD as to the validity or scope of any Licensed PatentsPatent(s); (b) a A warranty or representation that anything made, used, sold sold, or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of patents, copyrights copyrights, and other rights of third parties; (c) an An obligation to bring or prosecute actions or suits against third parties for infringement, except to the extent and in the circumstances described in Article 1312; (d) granting Granting by implication, estoppel estoppel, or otherwise any licenses or rights under patents or other rights of STANFORD or other persons other than Licensed TechnologyPatent(s), regardless of whether such patents or other rights are dominant or subordinate to any Licensed TechnologyPatent(s); or (e) an An obligation to furnish any technology or technological information other than the Licensed Technology. 8.2 Except for the rights, if any, of the Government of the United States of America, as set forth in Section 4, STANFORD represents and warrants that, to the best of its knowledge: (a) STANFORD is the owner of the entire right, title, and interest in and to Licensed Subject Matter; (b) STANFORD has the sole right and authority to enter into this License Agreement and grant the rights and licenses hereunder; (c) STANFORD has not previously granted and will not grant any rights in the Licensed Subject Matter or Licensed Products that are inconsistent with the rights and licenses granted to LICENSEE herein; and, (d) Schedule B includes all patents and patent applications within Licensed Patents existing as of the Effective Date and STANFORD owns no rights in any other patent or patent application, that claim any invention relating to the administration of a polynucleotide encoding an autoantigen [*] recognizing STANFORD has no practical means to check whether such patent or patent application exist. 8.3 Except as expressly set forth in this Agreement, STANFORD MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE LICENSED [*] PRODUCT(S) WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES. 8.3 RIGEL 8.4 LICENSEE agrees that nothing in this Agreement grants RIGEL LICENSEE any express or implied license or right under or to U.S. Patent 4,656,134 "Amplification of Eucaryotic Genes" [*] or any patent application corresponding thereto.

Appears in 1 contract

Samples: Licensing Agreement (Bayhill Therapeutics, Inc.)

Negation of Warranties. 8.1 7.1 Nothing in this Agreement is or shall be construed as: (a) a A warranty or representation by STANFORD as to the validity or scope of any Licensed PatentsPatent(s); (b) a A warranty or representation that anything made, used, sold sold, or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of patents, copyrights copyrights, and other rights of third parties; (c) an An obligation to bring or prosecute actions or suits against third parties for infringement, except to the extent and in the circumstances described in Article 1311; (d) granting Granting by implication, estoppel estoppel, or otherwise any licenses or rights under patents or other rights of STANFORD or other persons other than Licensed TechnologyPatent(s), regardless of whether such patents or other rights are dominant or subordinate to any Licensed TechnologyPatent(s); or (e) an An obligation to furnish any technology or technological information other than the Licensed Technologyinformation. 8.2 7.2 Except as expressly set forth in this Agreement, STANFORD MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE LICENSED PRODUCT(S) WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES. 8.3 RIGEL agrees that nothing in this Agreement grants RIGEL any express or implied license or right under or to U.S. Patent 4,656,134 "Amplification of Eucaryotic Genes" or any patent application corresponding thereto.

Appears in 1 contract

Samples: Exclusive License (Google Inc.)

Negation of Warranties. 8.1 Nothing in this Agreement is or shall be construed as: (a) a : ● A warranty or representation by STANFORD XXXXXXXX as to the validity or scope of any Licensed Issued Patents; (b) a ; ● A warranty or representation that anything made, used, sold sold, or otherwise disposed of under any license granted in this Agreement Agreement, is or will be free from infringement of patents, copyrights copyrights, and other rights of third parties; (c) an ; ● An obligation to bring or prosecute actions or suits against third parties for infringement, except to the extent and in the circumstances described in Article 13; (d) granting ; ● Granting by implication, estoppel estoppel, or otherwise any licenses or rights under patents or other rights of STANFORD XXXXXXXX or other persons other than Licensed TechnologyIssued Patents, regardless of whether such patents or other rights are dominant or subordinate to any Licensed TechnologyIssued Patents; or (e) an or ● An obligation to furnish any technology or technological information other than the Licensed Technology. 8.2 Issued Patents. Except as expressly set forth in this Agreement, STANFORD XXXXXXXX MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE LICENSED PRODUCT(S) PRODUCTS AND/OR RELATED SERVICES WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES. 8.3 RIGEL agrees that nothing in this Agreement grants RIGEL any express or implied license or right under or to U.S. Patent 4,656,134 "Amplification of Eucaryotic Genes" or any patent application corresponding thereto.

Appears in 1 contract

Samples: Issued Patent License and Royalty Agreement (Smart Biometric Technology, Inc.)

Negation of Warranties. 8.1 7.1 Nothing in this Agreement is or shall be construed as: (a) a A warranty or representation by STANFORD as to the validity or scope of any Licensed PatentsPatent(s); (b) a A warranty or representation that anything made, used, sold sold, or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of patents, copyrights copyrights, and other rights of third parties; (c) an An obligation to bring or prosecute actions or suits against third parties for infringement, except to the extent and in the circumstances described in Article 13;; or (d) granting Granting by implication, estoppel estoppel, or otherwise any licenses or rights under patents or other rights of STANFORD or other persons other than to the Invention(s) and Licensed TechnologyPatent(s), regardless of whether such patents or other rights are dominant or subordinate to any Licensed Technology; or (e) an obligation to furnish any technology or technological information other than the Licensed TechnologyPatent(s). 8.2 7.2 Except as expressly set forth in this Agreement, STANFORD MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE LICENSED PRODUCT(SPATENT(S) WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES. 8.3 RIGEL 7.3 LICENSEE agrees that nothing in this Agreement grants RIGEL LICENSEE any express or implied license or right under or to to: (a) U.S. Patent No. 4,237,224, "Process for Producing Biologically Functional Molecular Chimeras," U.S. Patent No. 4,468,464 and U.S. Patent No. 4,740,470, both entitled, "Biologically Functional Molecular Chimeras" (collectively known as the Xxxxx/Xxxxx patents) or reissues thereof; or (b) U.S. Patent 4,656,134 "Amplification of Eucaryotic Genes" or any patent application corresponding thereto.

Appears in 1 contract

Samples: License Agreement (Transgenomic Inc)

Negation of Warranties. 8.1 Nothing in this Agreement is or shall be construed as: (a) a warranty or representation by STANFORD as to the validity or scope of any Licensed Patents; (b) a warranty or representation that anything made, used, sold or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of patents, copyrights and other rights of third parties; (c) an obligation to bring or prosecute actions or suits against third parties for infringement, except to the extent and in the circumstances described in Article 13; (d) granting by implication, estoppel or otherwise any licenses or rights under patents or other rights of STANFORD or other persons other than Licensed Technology, regardless of whether such patents or other rights are dominant or subordinate to any Licensed Technology; or (e) an obligation to furnish any technology or technological information other than the Licensed Technology. 8.2 Except as expressly set forth in this Agreement, STANFORD a. UNIVERSITY MAKES NO REPRESENTATIONS AND REPRESENTATIONS, EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ASSUMES NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO USE, SALE, OR OTHER DISPOSITION BY LICENSEE, SUBLICENSEE(S), OR THEIR VENDEES OR OTHER TRANSFEREES OF LICENSED PRODUCTS OR LICENSED PROCESSES INCORPORATING OR MADE BY USE OF THE PATENT RIGHTS. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OR SALE OF THE LICENSED PRODUCT(S) SUCH PRODUCTS OR PROCESSES WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, SERVICE XXXX, OR OTHER RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTIESRIGHTS. 8.3 RIGEL agrees that b. Notwithstanding anything in this Agreement to the contrary, nothing in this Agreement grants RIGEL shall be construed as: (i) A warranty or representation by University as to rights in Know-How or the validity or scope of any express of the Patent Rights; (ii) A warranty or implied license representation that the Patent Rights or right anything made, used, sold or otherwise disposed of under the License will or will not infringe patents, copyrights or other rights of third parties; or (iii) An obligation to furnish any know-how or technology not agreed to in this Agreement, to bring or prosecute actions or suits against third parties for infringement (except to the extent described in Subsections 11.1 – 11.2), or to U.S. Patent 4,656,134 "Amplification of Eucaryotic Genes" or provide any patent application corresponding theretoservices other than those specified in this Agreement.

Appears in 1 contract

Samples: Exclusive License Agreement (Across America Financial Services, Inc.)

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