Common use of Representations and Warranties; Limitations Clause in Contracts

Representations and Warranties; Limitations. 4.01 Nothing in this agreement shall be construed as: (a) A warranty or representation by either party as to the validity or scope of any the Patent except as provided in Section 4.03; or (b) A warranty or representation that anything made by VTV, used, sold, or otherwise disposed of under any license granted in this agreement is or will be free of infringement of patents of third persons; or (c) A requirement that either party shall file any patent application, secure any patent; or (d) An obligation to bring or prosecute actions or suits against third parties for infringement of any patent; or (e) An obligation to furnish any manufacturing or technical information, or any information concerning pending patent applications; or (f) Conferring a right to use in advertising, publicity, or otherwise any trademark or tradename of the party from which a license is received under the agreement; or (g) Granting by implication, estoppel, or otherwise, any licenses or rights under patents other than the Patent. 4.02 Neither party makes any representations, extends any warranties of any kind, either express or implied, or assumes any responsibilities whatever with respect to use, sale, or other disposition by the other party of products incorporating or made by use of inventions licensed under this agreement. 4.03 VTV represents and warrants that it is the exclusive licensee of the D3DSP Patent and that the Patent is issued and is valid. VTV represents that VTV is not aware of any alleged patent infringement and will notify EPL immediately of any allegation of infringement. 4.04 VTV indemnifies EPL from and against any claims for loss or damage by The Louisiana Land and Exploration Company ("LL&E"), or its successor in interest, Burlington Resources relating to that certain Agreement between VTV and LL&E dated January 16, 1997. VTV indemnifies EPL from and against any and all claims, damages, demands, and causes of action relating to any infringement or alleged infringement of any patent or other intellectual property right incurred or brought against EPL arising from this Agreement.

Representations and Warranties; Limitations. 4.01 4.1 Nothing in this agreement Agreement shall be construed as: (a) A warranty or representation by either party as to the validity or scope of any LICENSED [**] PATENT or LICENSED [**] PATENT; or Confidential Materials omitted and filed separately with the Patent except as provided in Section 4.03; orSecurities and Exchange Commission. Asterisks denote omissions. (b) A warranty or representation that anything made by VTVmade, used, sold, or otherwise disposed of under any license granted in this agreement Agreement is or will be free of from infringement of patents patent of third personsparties; or (c) A requirement that either party shall file any patent application, secure any patent, or maintain any patent in force; or (d) An obligation to bring or prosecute actions or suits against third parties for infringement of any patentpatent including the LICENSED [**] PATENTS or LICENSED [**] PATENTS; or (e) An obligation to furnish any manufacturing or technical information, or any information concerning pending patent applications; or (f) Conferring a right to use in advertising, publicity, or otherwise any trademark or tradename of the party from which a license is received under the agreementother party; or (g) Granting by implication, estoppel, or otherwise, any licenses or rights under patents any patent other than the PatentLICENSED [**] PATENTS or LICENSED [**] PATENTS or those granted in section 2.3. 4.02 Neither party 4.2 The parties makes any representationsno representation, extends any no warranties of any kind, either express or implied, or assumes any responsibilities whatever with respect to use, sale, or other disposition by the other party or its vendees or transferees of products incorporating or made by use of inventions licensed under this agreementAgreement. Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. 4.03 VTV represents and warrants that it is 4.3 To the exclusive licensee of extent permitted by law, a party shall not challenge or otherwise oppose the D3DSP Patent and that the Patent is issued and is valid. VTV represents that VTV is not aware of any alleged patent infringement and will notify EPL immediately of any allegation of infringement. 4.04 VTV indemnifies EPL from and against any claims for loss or damage by The Louisiana Land and Exploration Company ("LL&E")issuance, validity, or its successor in interest, Burlington Resources relating enforceability of a patent to that certain Agreement between VTV and LL&E dated January 16, 1997. VTV indemnifies EPL from and against any and all claims, damages, demandswhich said party has been granted a license pursuant to this Agreement, and causes further agrees not to initiate or fund any such challenge or opposition (except as may be ordered by a court of action relating to any infringement or alleged infringement of any patent or other intellectual property right incurred or brought against EPL arising from this Agreementcompetent jurisdiction).

Representations and Warranties; Limitations. 4.01 3.1 Geoworks warrants that it has the right to grant the licenses and rights granted herein and to enter into this Agreement. Telcordia warrants that it has the right to enter into this Agreement for and on behalf of itself and parent. 3.2 Geoworks has not and will not accept any commitments or restrictions in respect to its right to grant licenses that will materially affect the value of the rights granted by it in this Agreement. 3.3 Nothing in this agreement Agreement shall be construed as: (ai) A a warranty or representation by either party Party as to the validity or scope of any the Patent except as provided in Section 4.03; orLicensed Patents or of the WAP Patent. (bii) A a warranty or representation that anything made by VTVmade, used, sold, or otherwise disposed of under any license granted in this agreement is or will Agreement shall be free of from infringement of patents of third persons; or (ciii) A a requirement that either party Geoworks shall file maintain any patent application, secure any patent; orin force; (div) An an obligation to bring or prosecute actions or suits suites against third parties for or infringement of any patent; or (ev) An an obligation to furnish any manufacturing or technical information, information related to any licensed patent or any information concerning pending patent applications; or; (fvi) Conferring conferring a right to use in advertising, publicity, or otherwise any trademark trademark, or tradename trade name of the party from which a license is received under the agreementeither Party; or (gvii) Granting granting by implication, estoppel, or otherwise, otherwise any licenses or rights under patents other than the Licensed Patents or the right to acquire a license under the WAP Patent. 4.02 Neither party makes any representations3.4 EXCEPT FOR THE EXPRESS WARRANTIES OF SECTION 3.1, extends any warranties of any kindTHERE ARE NO OTHER WARRANTIES, either express or impliedEITHER EXPRESS OR IMPLIED, or assumes any responsibilities whatever with respect to useINCLUDING, saleBUT NOT LIMITED TO, or other disposition by the other party of products incorporating or made by use of inventions licensed under this agreementTHE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, EVEN IF GEOWORKS HAS BEEN MADE AWARE OF SUCH PURPOSE, AND THE WARRANTY AGAINST INFRINGEMENT OF PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS. 4.03 VTV represents and warrants that it is the exclusive licensee of the D3DSP Patent and that the Patent is issued and is valid. VTV represents that VTV is not aware of any alleged patent infringement and will notify EPL immediately of any allegation of infringement3.5 NEITHER PARTY NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THIS AGREEMENT, INCLUDING THE USE OR INABILITY TO USE ANY DEVICE, PRODUCT, SERVICE, OR PATENT. 4.04 VTV indemnifies EPL from and against any claims for loss or damage by The Louisiana Land and Exploration Company ("LL&E"), or its successor in interest, Burlington Resources relating to that certain Agreement between VTV and LL&E dated January 16, 1997. VTV indemnifies EPL from and against any and all claims, damages, demands, and causes of action relating to any infringement or alleged infringement of any patent or other intellectual property right incurred or brought against EPL arising from this Agreement.