Representation And Warranty Disclaimers. Subject always to clause 10(b), the express warranties and express representations of RIB set forth in this agreement are in lieu of, and RIB disclaims, any and all other warranties, conditions, or representations (express or implied, oral or written), with respect to the Licensed Materials or the services hereunder any part of the foregoing, including any and all implied warranties or conditions of title, non-infringement, merchantability, or fitness or suitability for any purpose (whether or not RIB knows, has reason to know, has been advised, or otherwise is in fact aware of any such purpose), whether alleged to arise by law, by reason of custom or usage in the trade, by course of dealing, or otherwise. RIB expressly disclaims any warranty or representation to any person other than customer.
Representation And Warranty Disclaimers. THE LICENSED MATERIALS AND ALL SERVICES PROVIDED OR TO BE PROVIDED UNDER THIS AGREEMENT ARE PROVIDED “AS IS,” WITH ALL FAULTS, AND CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED MATERIALS. ORBIT DISCLAIMS, ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE LICENSED MATERIALS OR ANY PART THEREOF OR THE SERVICES, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT ORBIT KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR OTHERWISE IS IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE. ORBIT EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN CUSTOMER. DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING NETWORKS, ORBIT DOES NOT WARRANT THAT THE LICENSED MATERIALS, SERVICES, OR ANY EQUIPMENT, SYSTEM, OR NETWORK ON WHICH THEY ARE USED OR ACCESSED, WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK THAT RESULTS IN CUSTOMER’S INABILITY TO USE THE LICENSED MATERIALS OR THE UNAUTHORIZED DISCLOSURE OR COMPROMISE OF CUSTOMER DATA. COMPANY CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE LICENSED MATERIALS WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. CUSTOMER IS RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY ITS PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE APPLICATION FOR ANY RECONSTRUCTION OF ANY LOST DATA.
Representation And Warranty Disclaimers. THE EXPRESS WARRANTIES AND EXPRESS REPRESENTATIONS OF CONTRACTOR SET FORTH IN THIS CONTRACT ARE IN LIEU OF, AND CONTRACTOR DISCLAIMS, ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), WITH RESPECT TO THE LICENSED MATERIALS OR ANY PART THEREOF, INCLUDING MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT CONTRACTOR KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR OTHERWISE IS IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE. CONTRACTOR EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN STATE WITH RESPECT TO THE LICENSED MATERIALS OR ANY PART THEREOF.
Representation And Warranty Disclaimers
