Common use of Representations and Warranties Disclaimer Clause in Contracts

Representations and Warranties Disclaimer. Each party represents and warrants to the other party that (a) it has and shall have full right and authority to enter into this Agreement and to grant the rights provided hereunder, (b) this Agreement shall be enforceable against it, and (c) the entry into and performance of this Agreement by it do not contravene other agreements, laws, or orders to which it is subject. CONVERCENT DOES NOT MAKE, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CONVERCENT EXPRESSLY DISCLAIMS, AND CUSTOMER HEREBY WAIVES, ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING THE SERVICES OR CUSTOMER’S RESULTS FROM USING THE SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF PERFORMANCE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY EXPRESS OR IMPLIED WARRANTIES OR CONTRACT TERMS OR AMENDMENTS ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, CONVERCENT DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET ALL OF CUSTOMER’S REQUIREMENTS OR BE UNINTERRUPTED, SECURE, COMPLETE, ERROR-FREE, OR FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR THAT ALL DEFECTS WILL BE CORRECTED.

Representations and Warranties Disclaimer. Each party Xxxxxx represents and warrants to that the other party that Software will, for a period of sixty (a60) it has days following delivery of the Software, conform and shall have full right function, in all material respects, with its documentation. In the event of a breach of the foregoing warranty, Xxxxxx’x sole and authority to enter into this Agreement and to grant the rights provided hereunder, (b) this Agreement shall be enforceable against itexclusive responsibility, and (c) your sole and exclusive remedy, is for Xxxxxx to correct or replace, at no additional charge to you, any functionality of the entry into and performance of this Agreement by it do not contravene other agreementsSoftware found to be defective. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, lawsTHE SOFTWARE AND ANY RELATED PRODUCTS AND SERVICES PROVIDED TO YOU HEREUNDER ARE PROVIDED TO YOU WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, or orders to which it is subject. CONVERCENT DOES NOT MAKEXXXXXX, ITS AFFILIATES, ITS LICENSORS AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWITS SERVICE PROVIDERS MAKE NO WARRANTIES, CONVERCENT EXPRESSLY DISCLAIMSEXPRESS, AND CUSTOMER HEREBY WAIVES, ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY, OR ARISING BY OPERATION COURSE OF LAW OR OTHERWISE, REGARDING THE SERVICES OR CUSTOMER’S RESULTS FROM USING THE SERVICESDEALING, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF PERFORMANCEMERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT OR TITLE, IN CONNECTION WITH THE SOFTWARE OR ANY EXPRESS OR IMPLIED WARRANTIES OR CONTRACT TERMS OR AMENDMENTS ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALINGRELATED PRODUCTS AND SERVICES PROVIDED TO YOU HEREUNDER, OR USAGE OF TRADE. WITHOUT LIMITING ANY REPRESENTATIONS OR WARRANTIES THAT (i) THE FOREGOING, CONVERCENT DOES NOT REPRESENT SOFTWARE WILL MEET YOUR REQUIREMENTS OR WARRANT THAT THE SERVICES OPERATION OF THE SOFTWARE WILL MEET ALL OF CUSTOMER’S REQUIREMENTS BE UNINTERRUPTED OR BE UNINTERRUPTED, SECURE, COMPLETE, ERROR-FREE, (ii) ANY MEASUREMENTS OR FREE OF VIRUSESINFORMATION GENERATED BY THE SOFTWARE WILL BE ACCURATE, MALICIOUS CODEAND (iii) THAT THE SOFTWARE IS A REPLACEMENT FOR YOUR MEDICAL JUDGMENT. YOU ACKNOWLEDGE AND AGREE THAT XXXXXX AND THE SOFTWARE DO NOT PROVIDE MEDICAL ADVICE OR RECOMMENDATIONS AND, AS BETWEEN THE PARTIES, YOU ARE SOLELY RESPONSIBLE FOR ALL MEDICAL TREATMENT OR OTHER HARMFUL COMPONENTS, SERVICES PROVIDED TO YOUR PATIENTS. XXXXXX FURTHER DISCLAIMS ALL WARRANTIES AND LIABILITY WITH RESPECT TO ANY AND ALL USE OF THE SOFTWARE IN CONNECTION WITH ANY IMPLANTABLE DEVICE OR TOOL THAT ALL DEFECTS WILL BE CORRECTEDIS NOT SPECIFIED IN THE SOFTWARE AND SUPPLIED BY XXXXXX.

Representations and Warranties Disclaimer. Each party represents and warrants to the other party that (a) it has and shall have full right and authority to enter into this Agreement constitutes its valid and to grant the rights provided hereunder, (b) this Agreement shall be binding obligation and is enforceable against it, and (c) the entry into and performance of this Agreement by it do not contravene other agreements, laws, or orders to which it is subjectin accordance with its terms. CONVERCENT MCGRAW HILL DOES NOT MAKEWARRANT THE COMPLETENESS, ADEQUACY, ACCURACY, OR USEFULNESS OF THE SOLUTION, THE MCGRAW HILL CONTENT OR ANY OTHER MATERIALS PROVIDED HEREUNDER (COLLECTIVELY, THE "MATERIALS"). THE MATERIALS ARE PROVIDED ON AN "AS IS" AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW"AS AVAILABLE" BASIS WITH ALL DEFECTS. MCGRAW HILL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, CONVERCENT EXPRESSLY DISCLAIMS, AND CUSTOMER HEREBY WAIVES, ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISEINCLUDING, REGARDING THE SERVICES OR CUSTOMER’S RESULTS FROM USING THE SERVICES, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF PERFORMANCEMERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ERROR-FREE OR UNINTERRUPTED OPERATION AND ANY EXPRESS OR IMPLIED WARRANTIES OR CONTRACT TERMS OR AMENDMENTS ARISING OUT OF FROM A COURSE OF PERFORMANCE, COURSE OF DEALING, DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, CONVERCENT DOES NOT REPRESENT OR WARRANT MCGRAW HILL MAKES NO WARRANTY THAT (i) THE SERVICES MATERIALS WILL MEET ALL THE REQUIREMENTS OF CUSTOMER’S REQUIREMENTS OR SUBSCRIBER, (ii) THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS WILL BE ACCURATE OR FREE OF VIRUSES, MALICIOUS CODERELIABLE, OR OTHER HARMFUL COMPONENTS, OR THAT ALL DEFECTS (iv) ANY ERRORS IN THE MATERIALS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR COMMUNICATIONS GIVEN BY MCGRAW HILL, ITS EMPLOYEES, OR AGENTS WILL INCREASE THE SCOPE OF THE ABOVE WARRANTY OR CREATE ANY NEW OR ADDITIONAL WARRANTIES. To the extent that McGraw Hill may not as a matter of applicable law disclaim an implied warranty, the scope and duration of such warranty will be the minimum permitted under such law.

Representations and Warranties Disclaimer. Each party represents and warrants to the other party that (a) it has and shall have full right and authority to enter into this Agreement constitutes its valid and to grant the rights provided hereunder, (b) this Agreement shall be binding obligation and is enforceable against it, and (c) it in accordance with the entry into and performance terms of this Agreement by it do not contravene other agreementsAgreement. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS SECTION 7, lawsD-CRUNCH DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, or orders to which it is subject. CONVERCENT DOES NOT MAKE, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CONVERCENT EXPRESSLY DISCLAIMS, AND CUSTOMER HEREBY WAIVES, ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WHETHER IMPLIED BY OPERATION OF LAW OR OTHERWISE, REGARDING THE SERVICES OR CUSTOMER’S RESULTS FROM USING THE SERVICESINCLUDING, INCLUDING WITHOUT LIMITATION LIMITATION, ANY WARRANTIES OF PERFORMANCEMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACYERROR-FREE OR UNINTERRUPTED OPERATION, MERCHANTABILITY AND ANY REPRESENTATIONS OR FITNESS FOR WARRANTIES ARISING FROM A PARTICULAR PURPOSE OR ANY EXPRESS OR IMPLIED WARRANTIES OR CONTRACT TERMS OR AMENDMENTS ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING, DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, CONVERCENT DOES D-CRUNCH MAKES NO WARRANTY THAT (I) THE SERVICES, INCLUDING THE D-CRUNCH TECHNOLOGY, THE REPORTS, OR ANY OTHER SERVICES OR DELIVERABLES PROVIDED HEREUNDER (COLLECTIVELY, THE “MATERIALS”) WILL MEET THE REQUIREMENTS OF USER OR OPERATE IN COMBINATION WITH ANY HARDWARE, SOFTWARE OR DATA NOT REPRESENT OR WARRANT THAT PROVIDED BY D-CRUNCH, (II) THE SERVICES WILL MEET ALL OF CUSTOMER’S REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS WILL BE ACCURATE OR FREE OF VIRUSES, MALICIOUS CODERELIABLE, OR OTHER HARMFUL COMPONENTS, OR THAT ALL DEFECTS (IV) ANY ERRORS IN THE MATERIALS WILL BE CORRECTED. THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL DEFECTS. NO ORAL OR WRITTEN INFORMATION OR COMMUNICATIONS GIVEN BY D-CRUNCH, ITS EMPLOYEES, OR AGENTS WILL INCREASE THE SCOPE OF THE ABOVE WARRANTY OR CREATE ANY NEW OR ADDITIONAL WARRANTIES. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Representations and Warranties Disclaimer. Each party represents and warrants to the other party that (a) it has and shall have full right and authority to enter into this Agreement constitutes its valid and to grant the rights provided hereunder, (b) this Agreement shall be binding obligation and is enforceable against it, and (c) it in accordance with the entry into and performance terms of this Agreement by it do not contravene other agreementsAgreement. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS SECTION 7, lawsD-CRUNCH DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, or orders to which it is subject. CONVERCENT DOES NOT MAKE, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CONVERCENT EXPRESSLY DISCLAIMS, AND CUSTOMER HEREBY WAIVES, ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WHETHER IMPLIED BY OPERATION OF LAW OR OTHERWISE, REGARDING THE SERVICES OR CUSTOMER’S RESULTS FROM USING THE SERVICESINCLUDING, INCLUDING WITHOUT LIMITATION LIMITATION, ANY WARRANTIES OF PERFORMANCEMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACYERROR-FREE OR UNINTERRUPTED OPERATION, MERCHANTABILITY AND ANY REPRESENTATIONS OR FITNESS FOR WARRANTIES ARISING FROM A PARTICULAR PURPOSE OR ANY EXPRESS OR IMPLIED WARRANTIES OR CONTRACT TERMS OR AMENDMENTS ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING, DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, CONVERCENT DOES D-CRUNCH MAKES NO WARRANTY THAT (I) THE SERVICES, INCLUDING THE D-CRUNCH TECHNOLOGY, THE REPORTS, OR ANY OTHER SERVICES OR DELIVERABLES PROVIDEDHEREUNDER(COLLECTIVELY,THE“MATERIALS”)WILLMEETTHEREQUIREMENTS OF USER OR OPERATE IN COMBINATION WITH ANY HARDWARE, SOFTWARE OR DATA NOT REPRESENT OR WARRANT THAT PROVIDED BY D-CRUNCH, (II) THE SERVICES WILL MEET ALL OF CUSTOMER’S REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS WILL BE ACCURATE OR FREE OF VIRUSES, MALICIOUS CODERELIABLE, OR OTHER HARMFUL COMPONENTS, OR THAT ALL DEFECTS (IV) ANY ERRORS IN THE MATERIALS WILL BE CORRECTED. THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL DEFECTS. NO ORAL OR WRITTEN INFORMATION OR COMMUNICATIONS GIVEN BY D-CRUNCH, ITS EMPLOYEES, OR AGENTS WILL INCREASE THE SCOPE OF THE ABOVE WARRANTY OR CREATE ANY NEW OR ADDITIONAL WARRANTIES. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Representations and Warranties Disclaimer. Each party represents You represent and warrants warrant to the other party that DentalHQ that: (a) it has you are duly organized, validly existing and shall in good standing as an entity under the applicable laws, rules and regulations of the jurisdiction of your incorporation or other organization; (b) you have the full right right, power and authority to enter into and perform your obligations under this Agreement and to grant the rights provided hereunder, (b) this Agreement shall be enforceable against it, and Agreement; (c) the entry into and performance execution of this Agreement by it do not contravene other agreementsyour Representative whose signature is set forth at the end of this Agreement has been duly authorized by all necessary corporate or organizational action; and (d) when executed and delivered by both Parties, lawsthis Agreement will constitute the legal, or orders to which it is subjectvalid and binding obligation of Platform Customer, enforceable against Platform Customer in accordance with its terms. CONVERCENT DOES NOT MAKETHE DENTALHQ PLATFORM, DENTALHQ MATERIALS, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CONVERCENT EXPRESSLY DISCLAIMS, AND CUSTOMER HEREBY WAIVES, ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, SERVICES PROVIDED BY OPERATION ON BEHALF OF LAW OR OTHERWISE, REGARDING THE SERVICES OR CUSTOMER’S RESULTS FROM USING THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DENTALHQ IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED “AS IS.” DENTALHQ SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF PERFORMANCEMERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY EXPRESS OR IMPLIED PURPOSE, TITLE AND NON-INFRINGEMENT AND ALL WARRANTIES OR CONTRACT TERMS OR AMENDMENTS ARISING OUT OF COURSE OF PERFORMANCE, FROM COURSE OF DEALING, USAGE OR USAGE OF TRADETRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, CONVERCENT DOES NOT REPRESENT OR WARRANT DENTALHQ MAKES NO WARRANTY OF ANY KIND THAT THE DENTALHQ PLATFORM OR DENTALHQ MATERIALS, OR ANY PRODUCTS OR SERVICES OR RESULTS OF THE USE THEREOF, WILL MEET ALL OF CUSTOMERYOUR OR ANY OTHER PERSON’S REQUIREMENTS REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR SYSTEM, OR BE UNINTERRUPTEDSECURE, SECUREACCURATE, COMPLETE, ERROR-FREE, OR FREE OF VIRUSESHARMFUL CODE OR ERROR FREE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, MALICIOUS CODESO CERTAIN PROVISIONS OF THIS SECTION 8 MAY NOT APPLY TO YOU; HOWEVER, OR OTHER HARMFUL COMPONENTS, OR THAT ALL DEFECTS WILL BE CORRECTEDTHEY APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Representations and Warranties Disclaimer. Each party Party hereby represents and warrants to the other party that it is: (a) it duly organized and validly existing under the Laws of its jurisdiction of formation and has and shall have the full right power and authority to enter into this Agreement and to grant assume the rights provided hereunder, obligations stated herein; and (b) not bound by any agreement (including, but not limited to, any confidentiality or non-competition agreement), obligation or restriction that would interfere with its obligations under this Agreement shall be enforceable against itAgreement, and (c) the entry into and that performance hereunder will not constitute a breach of this Agreement by it do not contravene other such agreements, lawsobligations, or orders restrictions. In addition, Licensee hereby represents and warrants it will conduct any XXX Activity in accordance with applicable Laws, this Agreement, and then-current draft of the Guidelines, to which it is subjectthe extent applicable. CONVERCENT DOES NOT MAKEEXCEPT AS PROVIDED OTHERWISE IN THIS AGREEMENT, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWNEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER (WHETHER EXPRESS, CONVERCENT EXPRESSLY DISCLAIMS, AND CUSTOMER HEREBY WAIVES, ALL REPRESENTATIONS, WARRANTIES IMPLIED OR CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING THE SERVICES OR CUSTOMER’S RESULTS FROM USING THE SERVICESSTATUTORY), INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF PERFORMANCETITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY OR FITNESS FOR THAT OTHERWISE ARISE FROM A PARTICULAR PURPOSE OR ANY EXPRESS OR IMPLIED WARRANTIES OR CONTRACT TERMS OR AMENDMENTS ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING, PERFORMANCE OR DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, CONVERCENT DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET ALL OF CUSTOMERWHICH ARE HEREBY DISCLAIMED. LICENSEE ASSUMES ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM CONDUCTING A XXX ACTIVITY OR LICENSEE’S REQUIREMENTS OR BE UNINTERRUPTED, SECURE, COMPLETE, ERROR-FREE, OR FREE DEALINGS WITH PARTICIPANTS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF VIRUSES, MALICIOUS CODE, OR WARRANTIES AND LICENSEE MAY HAVE OTHER HARMFUL COMPONENTS, OR RIGHTS THAT ALL DEFECTS WILL BE CORRECTEDVARY FROM JURISDICTION TO JURISDICTION.

Representations and Warranties Disclaimer. Each party represents and warrants to the other party that (a) it has and shall have full right and authority to enter into this Agreement constitutes its valid and to grant the rights provided hereunder, (b) this Agreement shall be binding obligation and is enforceable against it, and (c) the entry into and performance of this Agreement by it do not contravene other agreements, laws, or orders to which it is subjectin accordance with its TERMS. CONVERCENT MCGRAW HILL DOES NOT MAKEWARRANT THE COMPLETENESS, ADEQUACY, ACCURACY, OR USEFULNESS OF THE SOLUTION, THE MCGRAW HILL CONTENT OR ANY OTHER MATERIALS PROVIDED HEREUNDER (COLLECTIVELY, THE "MATERIALS"). THE MATERIALS ARE PROVIDED ON AN "AS IS" AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW"AS AVAILABLE" BASIS WITH ALL DEFECTS. MCGRAW HILL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, CONVERCENT EXPRESSLY DISCLAIMS, AND CUSTOMER HEREBY WAIVES, ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISEINCLUDING, REGARDING THE SERVICES OR CUSTOMER’S RESULTS FROM USING THE SERVICES, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF PERFORMANCEMERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT, ERROR-FREE OR UNINTERRUPTED OPERATION AND ANY EXPRESS OR IMPLIED WARRANTIES OR CONTRACT TERMS OR AMENDMENTS ARISING OUT OF FROM A COURSE OF PERFORMANCE, COURSE OF DEALING, DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, CONVERCENT DOES NOT REPRESENT OR WARRANT MCGRAW HILL MAKES NO WARRANTY THAT (I) THE SERVICES MATERIALS WILL MEET ALL THE REQUIREMENTS OF CUSTOMER’S REQUIREMENTS OR SUBSCRIBER, (II) THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS WILL BE ACCURATE OR FREE OF VIRUSES, MALICIOUS CODERELIABLE, OR OTHER HARMFUL COMPONENTS, OR THAT ALL DEFECTS (IV) ANY ERRORS IN THE MATERIALS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR COMMUNICATIONS GIVEN BY MCGRAW HILL, ITS EMPLOYEES, OR AGENTS WILL INCREASE THE SCOPE OF THE ABOVE WARRANTY OR CREATE ANY NEW OR ADDITIONAL WARRANTIES. To the extent that McGraw Hill may not as a matter of applicable law disclaim an implied warranty, the scope and duration of such warranty will be the minimum permitted under such law.