Common use of Other Third-Party Products Clause in Contracts

Other Third-Party Products. If Customer’s Agreement includes any other third-party products, Customer acknowledges and agrees as follows: third-party products are purchases directly from, and sales directly by, the third-party seller. Customer’s purchase, receipt, and use of the third-party products are subject to the applicable third-party seller’s terms and conditions of sale. If applicable, the third-party seller will contact Customer to arrange for training on the third-party products. Xxxx makes no representations or warranties regarding any of the third-party products. No Xxxx Products have been cleared or approved for use in combination with any third-party products. Any and all third-party product-related complaints or adverse event reports must be reported directly to the third-party seller. XXXX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO ANY THIRD-PARTY PRODUCTS, AND XXXX SHALL HAVE NO LIABILITY TO CUSTOMER, ITS AFFILIATES, OR ITS END CUSTOMERS, OR TO ANY OTHER THIRD PARTY, FOR ANY ALLEGED OR ACTUAL DAMAGES, OR AS A RESULT OF ANY INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, RELATING TO THE THIRD-PARTY PRODUCTS. Customer shall seek remedy solely from the applicable third-party seller with respect to any and all contract-related and product-related disputes relating to a third- party product.

Other Third-Party Products. If Customer’s Agreement includes any other third-party products, Customer acknowledges and agrees as follows: third-party products are purchases directly from, and sales directly by, the third-party seller. Customer’s purchase, receipt, and use of the third-party products are subject to the applicable third-party seller’s terms and conditions of sale. If applicable, the third-party seller will contact Customer to arrange for training on the third-party products. Xxxx makes no representations or warranties regarding any of the third-party products. No Xxxx Products have been cleared or approved for use in combination with any third-party products. Any and all third-party product-related complaints or adverse event reports must be reported directly to the third-party seller. XXXX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO ANY THIRD-PARTY PRODUCTS, AND XXXX SHALL HAVE NO LIABILITY TO CUSTOMER, ITS AFFILIATES, OR ITS END CUSTOMERS, OR TO ANY OTHER THIRD PARTY, FOR ANY ALLEGED OR ACTUAL DAMAGES, OR AS A RESULT OF ANY INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, RELATING TO THE THIRD-PARTY PRODUCTS. Customer shall seek remedy solely from the applicable third-party seller with respect to any and all contract-related and product-related disputes relating to a third- party product. Customer is solely responsible for all taxes and tax implications related to Customer’s purchase of any such third-party products.

Other Third-Party Products. If Customer’s Agreement includes any other third-party products, Customer acknowledges and agrees as follows: third-party products are purchases directly from, and sales directly by, the third-party seller. Customer’s purchase, receipt, and use of the third-party products are subject to the applicable third-party seller’s terms and conditions of sale. If applicable, the third-party seller will contact Customer to arrange for training on the third-party products. Xxxx makes no representations or warranties regarding any of the third-party products. No Xxxx Products have been cleared or approved for use in combination with any third-party products. Any and all third-party product-related complaints or adverse event reports must be reported directly to the third-party seller. XXXX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO ANY THIRD-PARTY PRODUCTS, AND XXXX SHALL HAVE NO LIABILITY TO CUSTOMER, ITS AFFILIATES, OR ITS END CUSTOMERS, OR TO ANY OTHER THIRD PARTY, FOR ANY ALLEGED OR ACTUAL DAMAGES, OR AS A RESULT OF ANY INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, RELATING TO THE THIRD-PARTY PRODUCTS. Customer shall seek remedy solely from the applicable third-party seller with respect to any and all contract-related and product-related disputes relating to a third- party product.. written statements by Xxxx sales representatives, other Xxxx personnel, or any third parties, or on any statements included in any of Xxxx’x written or electronic promotional materials (including its web sites). In particular, Customer acknowledges that Xxxx makes no representations or warranties regarding Customer’s authority to administer the Products in the state(s) in which Customer operates; on the contrary, Xxxx is relying on Customer’s representation that Customer is properly licensed and authorized to administer the Products. This Agreement constitutes the entire understanding and obligation of Customer and Xxxx with respect to the subject matter of this Agreement and supersedes any prior agreements or understandings, whether oral or written. ADDENDUM APPLICABLE TO THIRD PARY-MANUFACTURED PRODUCTS: The following terms and conditions govern Customer’s receipt of any of the applicable third party-manufactured products set forth below:

Other Third-Party Products. If Customer’s Agreement includes any other third-party products, Customer acknowledges and agrees as follows: third-party products are purchases directly from, and sales directly by, the third-party seller. Customer’s purchase, receipt, and use of the third-party products are subject to the applicable third-party seller’s terms and conditions of sale. If applicable, the third-party seller will contact Customer to arrange for training on the third-party products. Xxxx makes no representations or warranties regarding any of the third-party products. No Xxxx Products have been cleared or approved for use in combination with any third-party products. Any and all third-party product-related complaints or adverse event reports must be reported directly to the third-party seller. XXXX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO ANY THIRD-PARTY PRODUCTS, AND XXXX SHALL HAVE NO LIABILITY TO CUSTOMER, ITS AFFILIATES, OR ITS END CUSTOMERS, OR TO ANY OTHER THIRD PARTY, FOR ANY ALLEGED OR ACTUAL DAMAGES, OR AS A RESULT OF ANY INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, RELATING TO THE THIRD-PARTY PRODUCTS. Customer shall seek remedy solely from the applicable third-party seller with respect to any and all contract-related and product-related disputes relating to a third- third-party product.