Common use of Representations Warranties and Disclaimers Clause in Contracts

Representations Warranties and Disclaimers. 960 Each Bound Entity represents and warrants that such Bound Entity is legally entitled to grant the 961 rights and promises set forth in this Agreement. Signatory represents and warrants that it has the 962 authority to bind its Related Entities to this Agreement. ANY SPECIFICATION IS PROVIDED 963 “AS IS.” Except as stated herein, each Bound Entity expressly disclaim any warranties (express, 964 implied, or otherwise), including implied warranties of merchantability, non-infringement, fitness 965 for a particular purpose, or title, related to a Specification. The entire risk as to implementing or 966 otherwise using a Specification is assumed by the implementer and user. IN NO EVENT WILL 967 ANY PARTY BE LIABLE TO ANY OTHER PARTY FOR LOST PROFITS OR ANY FORM 968 OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY 969 CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO 970 THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT 971 (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE OTHER 972 PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Nothing in this 973 Agreement requires any Bound Entity to undertake a patent search or enforce any Essential 974 Claims, in whole or in part. 975 7 Withdrawal from Agreement 976 7.1 Voluntary Withdrawal 977 Any Member shall be permitted to withdraw from this Agreement at any time by giving written 978 notice to the Board of its intent to terminate its participation. If, after the Date, a Related Entity 979 of the Signatory ceases to be Controlled by or under common Control with the Signatory, such 980 Related Entity shall be permitted to withdraw from this Agreement at any time after the date on 981 which such Related Entity ceases to be Controlled by or under common Control with the 982 Signatory by giving written notice to the Board of its intent to terminate its participation. Such 983 voluntary withdrawal shall be effective upon receipt of the notice by the Board.

Representations Warranties and Disclaimers. 960 765 Each Bound Entity represents and warrants that such Bound Entity is legally entitled to grant the 961 766 rights and promises set forth in this Agreement. Signatory represents and warrants that it has the 962 767 authority to bind its Related Entities to this Agreement. ANY SPECIFICATION IS PROVIDED 963 768 “AS IS.” Except as stated herein, each Bound Entity expressly disclaim any warranties (express, 964 769 implied, or otherwise), including implied warranties of merchantability, non-infringement, fitness 965 770 for a particular purpose, or title, related to a Specification. The entire risk as to implementing or 966 771 otherwise using a Specification is assumed by the implementer and user. IN NO EVENT WILL 967 772 ANY PARTY BE LIABLE TO ANY OTHER PARTY FOR LOST PROFITS OR ANY FORM 968 773 OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY 969 774 CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO 970 775 THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT 971 776 (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE OTHER 972 777 PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Nothing in this 973 778 Agreement requires any Bound Entity to undertake a patent search or enforce any Essential 974 Granted 779 Claims, in whole or in part. 975 7 780 6.6 Withdrawal of Granted Claims 6.1 Granted Claims Disclosure Notice 786 a. A Member withdrawing one or more Granted Claims from Agreement 976 7.1 Voluntary the non-assert in 6.2.1 787 shall notify the Board in writing (“Granted Claims Withdrawal 977 Any Disclosure Notice” or 788 “GCWDN”) setting forth separately for each Granted Claim the Member is withdrawing: 789 i. that it (or its Related Entity) claims to be the sole owner of certain 790 Granted Claims pertaining to such specific Review Draft Specification and that 791 the notifying Member elects to withdraw such Granted Claims from the non 792 assert in Section 6.2.1; 793 and 794 ii. For each Granted Claim identified in the Granted Claims Withdrawal 795 Disclosure Notice pertaining to such specific Review Draft Specification, the 796 following information shall be permitted to withdraw from this Agreement at any time by giving written 978 notice to provided: 797 (A) the Board of its intent to terminate its participation. If, after the Date, a Related Entity 979 title of the Signatory ceases to be Controlled by patent(s) or under common Control with patent application(s); 798 (B) the Signatory, such 980 Related Entity shall be permitted to withdraw from this Agreement at any time after countries in which the date on 981 patent(s) or application(s) in which such Related Entity ceases to be Controlled by they 799 are contained was issued or under common Control with the 982 Signatory by giving written notice to the Board of its intent to terminate its participation. Such 983 voluntary withdrawal shall be effective upon receipt of the notice by the Board.is pending;

Representations Warranties and Disclaimers. 960 825 Each Bound Entity represents and warrants that such Bound Entity is legally entitled to grant the 961 826 rights and promises set forth in this Agreement. Signatory represents and warrants that it has the 962 827 authority to bind its Related Entities to this Agreement. ANY SPECIFICATION IS PROVIDED 963 828 “AS IS.” Except as stated herein, each Bound Entity expressly disclaim any warranties (express, 964 829 implied, or otherwise), including implied warranties of merchantability, non-infringement, fitness 965 830 for a particular purpose, or title, related to a Specification. The entire risk as to implementing or 966 831 otherwise using a Specification is assumed by the implementer and user. IN NO EVENT WILL 967 832 ANY PARTY BE LIABLE TO ANY OTHER PARTY FOR LOST PROFITS OR ANY FORM 968 833 OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY 969 834 CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO 970 835 THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT 971 836 (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE OTHER 972 837 PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Nothing in this 973 838 Agreement requires any Bound Entity to undertake a patent search or enforce any Essential 974 Granted 839 Claims, in whole or in part. 975 7 840 6.6 Withdrawal from Agreement 976 7.1 Voluntary Withdrawal 977 Any Member shall be permitted to withdraw from this Agreement at any time by giving written 978 notice to the Board of its intent to terminate its participation. If, after the Date, a Related Entity 979 of the Signatory ceases to be Controlled by or under common Control with the Signatory, such 980 Related Entity shall be permitted to withdraw from this Agreement at any time after the date on 981 which such Related Entity ceases to be Controlled by or under common Control with the 982 Signatory by giving written notice to the Board of its intent to terminate its participation. Such 983 voluntary withdrawal shall be effective upon receipt of the notice by the Board.Granted Claims

Representations Warranties and Disclaimers. 960 1360 Each Bound Entity represents and warrants that such Bound Entity is legally entitled to grant the 961 1361 rights and promises set forth in this Agreement. Signatory represents and warrants that it has the 962 1362 authority to bind its Related Entities to this Agreement. ANY SPECIFICATION IS PROVIDED 963 1363 “AS IS.” Except as stated herein, each Bound Entity expressly disclaim any warranties (express, 964 1364 implied, or otherwise), including implied warranties of merchantability, non-infringement, fitness 965 1365 for a particular purpose, or title, related to a Specification. The entire risk as to implementing or 966 1366 otherwise using a Specification is assumed by the implementer and user. IN NO EVENT WILL 967 1367 ANY PARTY BE LIABLE TO ANY OTHER PARTY FOR LOST PROFITS OR ANY FORM 968 1368 OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY 969 1369 CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO 970 THIS 1370 AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT 971 (INCLUDING 1371 NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE OTHER 972 PARTY HAS 1372 BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Nothing in this 973 Agreement 1373 requires any Bound Entity to undertake a patent search or enforce any Essential 974 Granted Claims, in whole 1374 or in part. 975 7 Withdrawal from Agreement 976 7.1 Voluntary Withdrawal 977 Any Member shall be permitted to withdraw from this Agreement at any time by giving written 978 notice to the Board of its intent to terminate its participation. If, after the Date, a Related Entity 979 of the Signatory ceases to be Controlled by or under common Control with the Signatory, such 980 Related Entity shall be permitted to withdraw from this Agreement at any time after the date on 981 which such Related Entity ceases to be Controlled by or under common Control with the 982 Signatory by giving written notice to the Board of its intent to terminate its participation. Such 983 voluntary withdrawal shall be effective upon receipt of the notice by the Board.1375 6.5 陈述，保证和免责声明 1376 各受约束实体陈述并保证其有资格依据本协议进行授权和做出承诺。签署方陈述并保证其 1377 有权使本协议约束其相关的实体。任何规范以“原样”的形式提供。除了文中描述，每一 1378 个实体放弃了任何担保（明示、暗示或其他方式），这些担保包括与规范相关的适销性， 1379 非侵权，对特定目的的适用，所有权。履行或使用规范的全部的风险都由实施者和使用者 1380 承担。任何一方无论如何都不会承担另一方关于本协议的对于利润损失或任何形式的间接 1381 的、特殊的、偶然的,或间接的损害赔偿,无论是基于违反合同,侵权行为(包括过失)或其他 1382 原因,或者无论另一方是否已被告知这种损害的可能性。本协议不要求任何受约束实体去进 1383 行任何授权权利要求（无论全部或部分）额专利检索或是执行。