Common use of Representations and Disclaimer of Warranties Clause in Contracts

Representations and Disclaimer of Warranties. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. 6.1 All GTS Technology Provided to Ulthera in Accordance With This Agreement Is Provided “As Is”. NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY LICENSORS OF THE VALIDITY OF ANY OF THE GTS PATENT RIGHTS OR THE ACCURACY, COMPLETENESS, SAFETY OR USEFULNESS FOR ANY PURPOSE, OF ANY GTS TECHNOLOGY LICENSED BY GTS TO ULTHERA. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, AND EXCEPT FOR ANY INJURY, LOSSES OR DAMAGES DIRECTLY CAUSED BY A MATERIAL BREACH BY LICENSORS OF THE REPRESENTATIONS AND WARRANTIES UNDER ARTICLE 6 OF THIS AGREEMENT OR ANY OBLIGATIONS ARISING OUT OF ARTICLE 7, OR BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF LICENSORS, LICENSORS SHALL HAVE NO LIABILITY WHATSOEVER TO ULTHERA OR ANY OTHER PERSON FOR OR ON ACCOUNT OF ANY INJURY, LOSS, OR DAMAGE OF ANY KIND OR NATURE, SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY OF ANY OTHER PERSON, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM, THE PRODUCTION, USE OR SALE OF ANY LICENSED PRODUCT, OR THE PRACTICE OF THE GTS TECHNOLOGY AND ULTHERA SHALL HOLD LICENSORS, THEIR AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS, HARMLESS IN THE EVENT ULTHERA, OR ITS OFFICERS, EMPLOYEES, OR AGENTS IS HELD LIABLE. 6.2 EXCEPT AS SPECIFICALLY SET FORTH HEREIN, LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO ULTHERA, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. 6.3 NEITHER PARTY MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE SUCCESS OF THE DEVELOPMENT OR THE COMMERCIAL EXPLOITATION OF ANY LICENSED PRODUCT. 6.4 LICENSORS REPRESENT AND WARRANT AS FOLLOWS: (A) EXHIBITS A, B, AND C REPRESENT A COMPLETE AND ACCURATE LIST OF ALL PATENT RIGHTS OWNED, OR LICENSED TO OR OTHERWISE CONTROLLED BY LICENSORS AND THEIR AFFILIATES, UP TO AND AS OF THE EFFECTIVE DATE, (B) LICENSORS HAVE NOT GRANTED TO ANY THIRD PARTY ANY INTELLECTUAL PROPERTY RIGHTS IN THE FIELD, (C) THE GRANTING OF THE LICENSE TO THE GTS TECHNOLOGY WILL NOT VIOLATE ANY PRIOR AGREEMENTS BETWEEN GTS OR ARDENT SOUND AND THIRD PARTIES OR ANY PROVISION OF LAW, STATUTE, RULE OR REGULATION, (D) NO OTHER PERSON OR ENTITY HAS ANY RIGHT, TITLE OR INTEREST IN OR TO THE GTS TECHNOLOGY THAT COULD INTERFERE WITH THE GRANTING OF THE LICENSE CONTEMPLATED HEREIN, (E) EXCEPT FOR THE ARDENT-GTS AGREEMENT, LICENSORS HAVE NOT GRANTED ANY LICENSE RIGHTS IN THE GTS TECHNOLOGY IN THE FIELD TO ANY THIRD PARTY, AND (F) THE LICENSED SOFTWARE IS OWNED BY LICENSORS, OR LICENSED FROM THIRD PARTIES, WITHOUT ANY [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. REQUIREMENT TO PUBLICLY DISCLOSE ANY SUCH SOFTWARE AND WITHOUT THE NEED TO OBTAIN CONSENT FROM SUCH THIRD PARTIES TO LICENSE SUCH SOFTWARE TO ULTHERA.

Representations and Disclaimer of Warranties. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. 6.1 All GTS Technology Provided to Ulthera in Accordance With This Agreement Is Provided “As Is”. 6.00 SUBJECT TO AND EXCEPT FOR ANY INDEMNIFICATION OBLIGATIONS UNDER ARTICLE 3.09 ABOVE, NOTHING IN THIS IP AGREEMENT SHALL WILL BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY LICENSORS COMPANY OF THE VALIDITY OF ANY OF THE GTS PATENT RIGHTS OR THE ACCURACY, COMPLETENESS, SAFETY OR USEFULNESS FOR ANY PURPOSE, PURPOSE OF ANY GTS TECHNOLOGY LICENSED BY GTS TO ULTHERA. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENTTECHNICAL INFORMATION, AND EXCEPT FOR ANY INJURY, LOSSES OR DAMAGES DIRECTLY CAUSED BY A MATERIAL BREACH BY LICENSORS OF THE REPRESENTATIONS AND WARRANTIES UNDER ARTICLE 6 OF THIS AGREEMENT OR ANY OBLIGATIONS ARISING OUT OF ARTICLE 7TECHNIQUES, OR PRACTICES AT ANY TIME MADE AVAILABLE BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF LICENSORS, LICENSORS SHALL COMPANY. COMPANY WILL HAVE NO LIABILITY WHATSOEVER TO ULTHERA INVESTOR OR ANY OTHER PERSON FOR OR ON ACCOUNT OF ANY INJURY, LOSS, LOSS OR DAMAGE OF ANY KIND OR NATURE, SUSTAINED BY, OR ANY DAMAGE DAMAGES ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY OF INCURRED BY OR IMPOSED ON INVESTOR OR ANY OTHER PERSON, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM, : (A) THE PRODUCTION, USE OR SALE OF ANY LICENSED PRODUCTAPPARATUS OR PRODUCT OR METHOD, OR THE PRACTICE OF THE GTS TECHNOLOGY PATENTS BY INVESTOR OR ITS ASSIGNS; (B) THE USE BY INVESTOR OR ITS ASSIGNS OF ANY TECHNICAL INFORMATION, TECHNIQUES, OR PRACTICES DISCLOSED BY COMPANY; OR (C) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES BY INVESTOR OR ITS ASSIGNS WITH RESPECT TO ANY OF THE FOREGOING, AND ULTHERA SHALL INVESTOR WILL HOLD LICENSORSCOMPANY, THEIR AFFILIATES, AND ITS OFFICERS, EMPLOYEES, OR EMPLOYEES AND AGENTS, HARMLESS IN THE EVENT ULTHERACOMPANY, OR ITS OFFICERS, EMPLOYEESEMPLOYEES OR AGENTS, OR AGENTS IS HELD LIABLE. 6.2 EXCEPT AS SPECIFICALLY SET FORTH HEREIN, LICENSORS MAKE NO REPRESENTATIONS 6.01 NOTHING IN THIS IP AGREEMENT WILL BE DEEMED TO BE A REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, TO ULTHERA, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. 6.3 NEITHER PARTY MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE SUCCESS WARRANTY BY INVESTOR OF THE DEVELOPMENT ACCURACY, SAFETY OR THE COMMERCIAL EXPLOITATION USEFULNESS FOR ANY PURPOSE OF ANY LICENSED PRODUCT. 6.4 LICENSORS REPRESENT AND WARRANT AS FOLLOWSIMPROVEMENTS AT ANY TIME MADE AVAILABLE BY INVESTOR. INVESTOR WILL HAVE NO LIABILITY WHATSOEVER TO COMPANY OR ANY OTHER PERSON FOR OR ON ACCOUNT OF ANY INJURY, LOSS OR DAMAGE OF ANY KIND OR NATURE, SUSTAINED BY, OR ANY DAMAGES ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED ON COMPANY OR ANY OTHER PERSON, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM: (A) EXHIBITS ATHE PRODUCTION, B, AND C REPRESENT A COMPLETE AND ACCURATE LIST USE OR SALE OF ALL PATENT RIGHTS OWNEDANY APPARATUS OR PRODUCT OR METHOD, OR LICENSED TO THE PRACTICE OF ANY IMPROVEMENTS AT ANY TIME BY THE COMPANY, ITS AFFILIATES OR OTHERWISE CONTROLLED BY LICENSORS AND THEIR AFFILIATES, UP TO AND AS OF THE EFFECTIVE DATE, ASSIGNS; (B) LICENSORS HAVE NOT GRANTED TO THE USE OF ANY THIRD PARTY IMPROVEMENTS AT ANY INTELLECTUAL PROPERTY RIGHTS IN TIME MADE AVAILABLE BY INVESTOR BY THE FIELDCOMPANY, ITS AFFILIATES OR ASSIGNS; OR (C) THE GRANTING ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES BY COMPANY ITS AFFILIATES OR ASSIGNS WITH RESPECT TO ANY OF THE LICENSE TO THE GTS TECHNOLOGY FOREGOING, AND COMPANY WILL NOT VIOLATE ANY PRIOR AGREEMENTS BETWEEN GTS OR ARDENT SOUND HOLD INVESTOR, AND THIRD PARTIES OR ANY PROVISION OF LAWITS OFFICERS, STATUTEEMPLOYEES AND AGENTS, RULE OR REGULATION, (D) NO OTHER PERSON OR ENTITY HAS ANY RIGHT, TITLE OR INTEREST IN OR TO THE GTS TECHNOLOGY THAT COULD INTERFERE WITH THE GRANTING OF THE LICENSE CONTEMPLATED HEREIN, (E) EXCEPT FOR THE ARDENT-GTS AGREEMENT, LICENSORS HAVE NOT GRANTED ANY LICENSE RIGHTS HARMLESS IN THE GTS TECHNOLOGY IN THE FIELD TO ANY THIRD PARTY, AND (F) THE LICENSED SOFTWARE IS OWNED BY LICENSORSEVENT INVESTOR, OR LICENSED FROM THIRD PARTIESITS OFFICERS, WITHOUT ANY [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. REQUIREMENT TO PUBLICLY DISCLOSE ANY SUCH SOFTWARE AND WITHOUT THE NEED TO OBTAIN CONSENT FROM SUCH THIRD PARTIES TO LICENSE SUCH SOFTWARE TO ULTHERAEMPLOYEES OR AGENTS, IS HELD LIABLE.

Representations and Disclaimer of Warranties. [***] Certain information Aventri represents and warrants that (i) the Services will be provided in a professional and workmanlike manner, in accordance with prevailing industry standards, and (ii) its performance under this document has been omitted Agreement will be in compliance with any and filed separately with the Securities all Applicable Laws. The foregoing representation and Exchange Commission. Confidential treatment has been requested with respect warranty is exclusive and in lieu of all other warranties, whether express or implied, including any warranties (i) relating to third-party products, software or services, and (ii) relating to the omitted portions. 6.1 All GTS Technology Provided to Ulthera in Accordance With This Agreement Is Provided “As Is”. NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY LICENSORS OF THE VALIDITY OF ANY OF THE GTS PATENT RIGHTS OR THE ACCURACY, COMPLETENESS, SAFETY OR USEFULNESS FOR ANY PURPOSE, OF ANY GTS TECHNOLOGY LICENSED BY GTS TO ULTHERAperformance of any Services and Aventri Materials. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED ELSEWHERE IN THIS AGREEMENT, THE SERVICES ARE PROVIDED ON AN “AS IS” AND EXCEPT “AS AVAILABLE” BASIS WITHOUT WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY INJURYA PARTICULAR PURPOSE, LOSSES OR DAMAGES DIRECTLY CAUSED BY A MATERIAL BREACH BY LICENSORS OF THE REPRESENTATIONS AND WARRANTIES UNDER ARTICLE 6 OF THIS AGREEMENT AND/OR ANY OBLIGATIONS WARRANTIES ARISING OUT OF ARTICLE COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. AVENTRI DOES NOT GUARANTEE OR MAKE ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO (I) THE COMPLETENESS, ACCURACY, FREEDOM FROM ERROR, OR CONTINUED AVAILABIILTY OF THE SERVICES OR ANY MATERIALS OR INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES, OR (II) THE RESULTS TO BE OBTAINED FROM THE SERVICES, EITHER BY CLIENT, ITS AFFILIATES, AUTHORIZED USERS OR ANY THIRD PARTY. CLIENT ACKNOWLEDGES THAT AVENTRI DOES NOT CONTROL THE TRANSFER OF DATA OVER PUBLIC OR THIRD-PARTY COMMUNICATIONS NETWORKS, INCLUDING THE INTERNET, AND THAT THE SERVICES OR THE PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS. AVENTRI IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGES RESULTING FROM SUCH DELAYS, DELIVERY FAILURES OR OTHER FAULTS IN THIRD PARTY COMMUNICATIONS NETWORKS OR SYSTEMS, EXCEPT TO THE EXTENT AVENTRI’S NEGLIGENCE MATERIALLY CONTRIBUTED TO SUCH DELAYS, FAILURES OR FAULTS. EXCEPT AS TO THE CONFIDENTIALITY OBLIGATIONS OF SECTION 7, OR BY EITHER PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 10 OF THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABILE TO THE NEGLIGENCE OTHER PARTY FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR WILLFUL MISCONDUCT OF LICENSORS, LICENSORS SHALL HAVE NO LIABILITY WHATSOEVER TO ULTHERA CONSEQUENTIAL DAMAGES OR ANY OTHER PERSON FOR OR ON ACCOUNT OF ANY INJURY, LOSS, OR DAMAGE OF ANY KIND OR NATURE, SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY OF ANY OTHER PERSON, LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROMTHIS AGREEMENT, THE PRODUCTIONHOWEVER CAUSED, USE OR SALE OF ANY LICENSED PRODUCTWHETHER IN CONTRACT, TORT, OR THE PRACTICE UNDER ANY OTHER THEORY OF LIABILITY, AND EVEN IF SUCH OTHER PARTY HAS BEEN ADVISED OF THE GTS TECHNOLOGY AND ULTHERA SHALL HOLD LICENSORSPOSSIBILITY OF SUCH DAMAGES. AVENTRI WILL NOT BE LIABLE TO CLIENT FOR ANY DAMAGES, THEIR AFFILIATESCOSTS, OFFICERSLOSSES, EMPLOYEESCLAIMS, OR AGENTS, HARMLESS IN THE EVENT ULTHERA, DEMANDS ARISING FROM OR ITS OFFICERS, EMPLOYEES, OR AGENTS IS HELD LIABLE. 6.2 EXCEPT AS SPECIFICALLY SET FORTH HEREIN, LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO ULTHERA, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. 6.3 NEITHER PARTY MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE SUCCESS OF THE DEVELOPMENT OR THE COMMERCIAL EXPLOITATION OF ANY LICENSED PRODUCT. 6.4 LICENSORS REPRESENT AND WARRANT AS FOLLOWS: (A) EXHIBITS A, B, AND C REPRESENT A COMPLETE AND ACCURATE LIST OF ALL PATENT RIGHTS OWNED, OR LICENSED TO OR OTHERWISE CONTROLLED BY LICENSORS AND THEIR AFFILIATES, UP TO AND AS OF THE EFFECTIVE DATE, (B) LICENSORS HAVE NOT GRANTED RELATED TO ANY THIRD PARTY HARDWARE, SOFTWARE, INFORMATION OR MATERIALS USED BY CLIENT. IN ANY INTELLECTUAL PROPERTY RIGHTS EVENT, THE MAXIMUM LIABILITY OF EITHER PARTY FOR DIRECT DAMAGES ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS PAID TO IT (IN THE FIELDCASE OF AVENTRI) OR THE AMOUNTS PAYABLE BY IT (IN THE CASE OF CLIENT) DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, (C) THE GRANTING THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANYTHING RELATED TO THIS AGREEMENT, INCLUDING LOSS OF CONTENT, ANY VIRUS AFFECTING CLIENT’S USE OF THE LICENSE TO SERVICES OR THE GTS TECHNOLOGY WILL NOT VIOLATE ANY PRIOR AGREEMENTS BETWEEN GTS SYSTEM, DELAYS OR ARDENT SOUND AND THIRD PARTIES FAILURES IN STARTING OR ANY PROVISION OF LAW, STATUTE, RULE COMPLETING TRANSMISSIONS OR REGULATION, (D) NO OTHER PERSON OR ENTITY HAS ANY RIGHT, TITLE OR INTEREST IN OR TO THE GTS TECHNOLOGY THAT COULD INTERFERE WITH THE GRANTING OF THE LICENSE CONTEMPLATED HEREIN, (E) EXCEPT FOR THE ARDENT-GTS AGREEMENT, LICENSORS HAVE NOT GRANTED ANY LICENSE RIGHTS IN THE GTS TECHNOLOGY IN THE FIELD TO ANY THIRD PARTY, AND (F) THE LICENSED SOFTWARE IS OWNED BY LICENSORSTRANSACTIONS, OR LICENSED FROM THIRD PARTIESCLAIMS FOR BREACH OF WARRANTY, WITHOUT ANY [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange CommissionGUARANTEE OR CONDITION. Confidential treatment has been requested with respect to the omitted portions. REQUIREMENT SOME OR ALL OF THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO PUBLICLY DISCLOSE ANY SUCH SOFTWARE AND WITHOUT CLIENT IF CLIENT’S STATE, PROVINCE OR COUNTRY DOES NOT ALLOW THE NEED TO OBTAIN CONSENT FROM SUCH THIRD PARTIES TO LICENSE SUCH SOFTWARE TO ULTHERAEXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES.

Representations and Disclaimer of Warranties. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. 6.1 All GTS Technology Provided to Ulthera in Accordance With This Agreement Is Provided “As Is”. NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY LICENSORS OF THE VALIDITY OF ANY OF THE GTS PATENT RIGHTS OR THE ACCURACY, COMPLETENESS, SAFETY OR USEFULNESS FOR ANY PURPOSE, OF ANY GTS TECHNOLOGY LICENSED BY GTS TO ULTHERA. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, AND EXCEPT FOR ANY INJURY, LOSSES OR DAMAGES DIRECTLY CAUSED BY A MATERIAL BREACH BY LICENSORS OF THE REPRESENTATIONS AND WARRANTIES UNDER ARTICLE 6 OF THIS AGREEMENT OR ANY OBLIGATIONS ARISING OUT OF ARTICLE 7, OR BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF LICENSORS, LICENSORS SHALL HAVE NO LIABILITY WHATSOEVER TO ULTHERA OR ANY OTHER PERSON FOR OR ON ACCOUNT OF ANY INJURY, LOSS, OR DAMAGE OF ANY KIND OR NATURE, SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY OF ANY OTHER PERSON, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM, THE PRODUCTION, USE OR SALE OF ANY LICENSED PRODUCT, OR THE PRACTICE OF THE GTS TECHNOLOGY AND ULTHERA SHALL HOLD LICENSORS, THEIR AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS, HARMLESS IN THE EVENT ULTHERA, OR ITS OFFICERS, EMPLOYEES, OR AGENTS IS HELD LIABLE. 6.2 EXCEPT AS SPECIFICALLY SET FORTH HEREIN, LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO ULTHERA, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. 6.3 NEITHER PARTY MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE SUCCESS OF THE DEVELOPMENT OR THE COMMERCIAL EXPLOITATION OF ANY LICENSED PRODUCT. 6.4 LICENSORS REPRESENT AND WARRANT AS FOLLOWS: (A) EXHIBITS A, B, AND C REPRESENT A COMPLETE AND ACCURATE LIST OF ALL PATENT RIGHTS OWNED, OR LICENSED TO OR OTHERWISE CONTROLLED BY LICENSORS AND THEIR AFFILIATES, UP TO AND AS OF THE EFFECTIVE DATE, (B) LICENSORS HAVE NOT GRANTED TO ANY THIRD PARTY ANY INTELLECTUAL PROPERTY RIGHTS IN THE FIELD, (C) THE GRANTING OF THE LICENSE TO THE GTS TECHNOLOGY WILL NOT VIOLATE ANY PRIOR AGREEMENTS BETWEEN GTS OR ARDENT SOUND AND THIRD PARTIES OR ANY PROVISION OF LAW, STATUTE, RULE OR REGULATION, (D) NO OTHER PERSON OR ENTITY HAS ANY RIGHT, TITLE OR INTEREST IN OR TO THE GTS TECHNOLOGY THAT COULD INTERFERE WITH THE GRANTING OF THE LICENSE CONTEMPLATED HEREIN, (E) EXCEPT FOR THE ARDENT-GTS AGREEMENT, LICENSORS HAVE NOT GRANTED ANY LICENSE RIGHTS IN THE GTS TECHNOLOGY IN THE FIELD TO ANY THIRD PARTY, AND (F) THE LICENSED SOFTWARE IS OWNED BY LICENSORS, OR LICENSED FROM THIRD PARTIES, WITHOUT ANY [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. REQUIREMENT TO PUBLICLY DISCLOSE ANY SUCH SOFTWARE AND WITHOUT THE NEED TO OBTAIN CONSENT FROM SUCH THIRD PARTIES TO LICENSE SUCH SOFTWARE TO ULTHERA.