Common use of Negation of Warranties Clause in Contracts

Negation of Warranties. a. Nothing in this Agreement shall be construed as: i. a warranty or representation by USC as to the validity or scope of the PATENT and/or PATENT Application; or ii. a warranty or representation that 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 of third parties; or iii. an obligation to bring or prosecute actions or suits against third parties for infringement; or iv. conferring the rights to use in advertising, publicity or otherwise any trademark, trade name, or names or any contraction, abbreviation, simulation or adoption thereof, of USC or Licensee; or v. any obligation to furnish any know-how not provided. b. USC MAKES 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 Inventors in developing and manufacturing any PRODUCTS hereunder, but will independently test, analyze and evaluate all PRODUCTS prior to manufacture and distribution of such PRODUCTS.

Appears in 8 contracts

Samples: Licensing Agreement (Essential Therapeutics Inc), License Agreement (Cancervax Corp), License Agreement (Essential Therapeutics Inc)

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Negation of Warranties. a. Nothing in this Agreement shall be construed as: i. a warranty or representation by USC as to the validity or scope of the PATENT PATENT(S) and/or PATENT ApplicationApplication(s); or ii. a warranty or representation that 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 of third parties; or iii. an obligation to bring or prosecute actions or suits against third parties for infringement; or iv. conferring the rights to use in advertising, publicity or otherwise any trademark, trade nametradename, or names or any contraction, abbreviation, simulation or adoption thereof, of USC or Licensee; or v. any obligation to furnish any know-how not provided. b. USC MAKES 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 Inventors in developing and manufacturing any PRODUCTS hereunder, but will independently test, analyze and evaluate all PRODUCTS prior to manufacture and distribution of such PRODUCTS. USC shall reasonably cooperate, at Licensee's cost, with Licensee to facilitate Licensee's efforts in obtaining FDA approval and commercial viability of a PRODUCT.

Appears in 1 contract

Samples: Option & License Agreement (Rubicon Medical Inc)

Negation of Warranties. a. Nothing in this Agreement shall be construed as: i. a warranty or representation by USC as to the validity or scope of the PATENT and/or PATENT Application; or ii. a warranty or representation that 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 of third parties; or iii. an obligation to bring or prosecute actions or suits against third parties for infringement; or iv. conferring the rights to use in advertising, publicity or otherwise any trademark, trade name, or names or any contraction, abbreviation, simulation or adoption thereof, of USC or Licensee; or v. any obligation to furnish any know-how not provided. b. USC MAKES NO EXPRESS OR IMPLIED WARRANTIES OF OR 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 Inventors in developing and manufacturing any PRODUCTS hereunder, but will independently test, analyze and evaluate all PRODUCTS prior to manufacture and distribution of such PRODUCTS.

Appears in 1 contract

Samples: Option & License Agreement (Perardua Corp)

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Negation of Warranties. a. 16.1 Nothing in this Agreement shall be construed as: i. a warranty or representation by USC Licensor as to the validity or scope of any of the PATENT and/or PATENT ApplicationPatent Rights; or ii. a warranty or representation that any PRODUCTS Products made, used, sold or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of patents of third parties; or iii. an obligation to bring or prosecute actions or suits against third parties for infringement; or iv. conferring the rights to use in advertising, publicity or otherwise any trademark, trade name, or names or any contraction, abbreviation, simulation or adoption thereof, of USC or LicenseeLicensor; or v. any obligation to furnish any know-how not provided. b. USC 16.2 LICENSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, nor does USC Licensor represent that the rights granted hereunder will result in PRODUCTS Products that are commercially successful. c. 16.3 Licensee further agrees that it will not rely upon technical information provided by USC and Inventors Licensor in developing and manufacturing any PRODUCTS Products hereunder, but will independently test, analyze and evaluate all PRODUCTS Products prior to manufacture and distribution of such PRODUCTSProducts.

Appears in 1 contract

Samples: License Agreement (Eye Technology Inc)

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