Common use of Representations Warranties and Disclaimers Clause in Contracts

Representations Warranties and Disclaimers. 3.2.1 WorldSpace represents and warrants that it has all right, title, and interest in and to the WorldSpace Intellectual Property Rights purported to be licensed by it to Analog and all power and authority necessary to grant the licenses to such intellectual property that are granted by WorldSpace to Analog hereunder. 3.2.2 Each Party represents and warrants that neither it nor any of its affiliates has the right or power to direct any third party to assert against the other Party any cause of action based upon the other Party’s purported infringement of any intellectual property owned or enforceable by such third party. 3.2.3 Nothing contained in this Agreement shall be construed as a warranty or representation that the manufacture, sale, lease, use, or other distribution of the Platform by either party or any component or products derived thereof will be free from infringement of patents, trademarks, copyrights, mask work rights, or other intellectual property or other rights of third parties, except to the extent as provided herein, or that a Customer will be able to manufacture or to sell or otherwise transfer any component or product based upon the rights it receives hereunder. Except to the extent, and only to the extent, expressly stated herein, neither Party makes any warranty as to the accuracy, sufficiency, or suitability of any Information or any Intellectual Property hereunder. Each Party assumes the risk of defects or inaccuracies in the Intellectual Property and Information, if any, supplied by the other Party. Neither Party shall be under any obligation by this Agreement to obtain any patent or, once having obtained a patent, to maintain that patent in force. 3.2.4 Except for the breach of Confidentiality and Nondisclosure requirements of this Agreement as provided in Section 3.3, neither Party will be liable to the other Party (nor to any third party claiming rights derived from the other Party’s rights under this Agreement) for incidental, consequential, special, punitive, or exemplary damages of any kind, including lost profits, loss of business, or other economic damage, and further including injury to property, as a result of breach of any warranty or other term of this Agreement, regardless of whether the Party liable or allegedly liable was advised, had reason to know, or in fact knew of the possibility thereof.

Representations Warranties and Disclaimers. 3.2.1 WorldSpace 5.1. Each Licensor Party represents and warrants that it has all right, title, and interest in and to the WorldSpace Intellectual Property Rights Patents purported to be licensed by it to Analog the Licensee Party and all power and authority necessary to grant the licenses to such intellectual property Patents that are granted by WorldSpace the Licensor Party to Analog the Licensee Party hereunder. 3.2.2 5.2. Each Licensor Party represents and warrants that neither it nor any of its affiliates Affiliates has the right or power to direct any third party to assert against the other Licensee Party any cause of action based upon the other Licensee Party’s 's purported infringement of any intellectual property patent owned or enforceable by such third party. 3.2.3 5.3. Nothing contained in this Agreement shall be construed as a warranty or representation that the manufacture, sale, lease, use, or other distribution transfer of the Platform Programmable Logic Devices by either party or any component or products derived thereof will be free from infringement of patents, trademarks, copyrights, mask work rights, or other intellectual property or other rights of third partiesparties or of the Licensor Party, except to the extent as provided hereinof the rights expressly licensed hereunder to the Licensee Party by the Licensor Party, or that a Customer the Licensee Party will be able to manufacture or to sell or otherwise transfer any component or product based upon the rights it receives hereunderhereunder from the Licensor Party. Except to the extent, and only to the extent, expressly stated herein, neither Party party makes any warranty as to the accuracy, sufficiency, or suitability of any Information or information contained in any Intellectual Property Patent licensed hereunder. Each Licensee Party assumes the risk of defects or inaccuracies in the Intellectual Property and InformationPatent or other data or information, if any, supplied by the other Licensor Party. Neither Party party shall be under any obligation by this Agreement to obtain any patent or, once having obtained a patent, to maintain maintain' that patent in force. 3.2.4 Except 5.4. Each party acknowledges and agrees that the other party has made no statement or representation as to the size of the market for the breach of Confidentiality and Nondisclosure requirements of this Agreement products that may be made or sold utilizing the licenses granted or to be granted hereunder or as provided in Section 3.3, neither Party will be liable to the other Party (nor amount of revenue or profits to any third be received by the party claiming rights derived from the other Party’s rights under this Agreement) for incidentalobtaining such licenses. Each party acknowledges that, consequential, special, punitive, or exemplary damages of any kind, including lost profits, loss of business, or other economic damage, and further including injury to property, as a result of breach of any warranty or other term of in entering into this Agreement, regardless of whether it is relying entirely on its own estimate as to the Party liable or allegedly liable was advised, had reason market for the products that may be made and sold utilizing the license granted and to know, or in fact knew be granted hereunder. 5.5. Each party acknowledges and agrees that a Programmable Logic Device containing SRAM is not and shall not be deemed to be an SRAM Programmable Logic Device if all of the possibility thereofSRAM is User Memory; and a Programmable Logic Device containing SRAM is and shall be deemed to be an SRAM Programmable Logic Device only if one or more of the Programmable Switching Elements of the Programmable Logic Device is controlled by SRAM.

Representations Warranties and Disclaimers. 3.2.1 WorldSpace 5.1. Each Licensor Party represents and warrants that it has all right, title, and interest in and to the WorldSpace Intellectual Property Rights Patents purported to be licensed by it to Analog the Licensee Party and all power and authority necessary to grant the licenses to such intellectual property Patents that are granted by WorldSpace the Licensor Party to Analog the Licensee Party hereunder. 3.2.2 5.2. Each Licensor Party represents and warrants that neither it nor any of its affiliates Affiliates has the right or power to direct any third party to assert against the other Licensee Party any cause of action based upon the other Licensee Party’s 's purported infringement of any intellectual property patent owned or enforceable by such third party. 3.2.3 5.3. Nothing contained in this Agreement shall be construed as a warranty or representation that the manufacture, sale, lease, use, or other distribution transfer of the Platform Programmable Logic Devices by either party or any component or products derived thereof will be free from infringement of patents, trademarks, copyrights, mask work rights, or other intellectual property or other rights of third partiesparties or of the Licensor Party, except to the extent as provided hereinof the rights expressly licensed hereunder to the Licensee Party by the Licensor Party, or that a Customer the Licensee Party will be able to manufacture or to sell or otherwise transfer any component or product based upon the rights it receives hereunderhereunder from the Licensor Party. Except to the extent, and only to the extent, expressly stated herein, neither Party party makes any warranty as to the accuracy, sufficiency, or suitability of any Information or information contained in any Intellectual Property Patent licensed hereunder. Each Licensee Party assumes the risk of defects or inaccuracies in the Intellectual Property and InformationPatent or other data or information, if any, supplied by the other Licensor Party. Neither Party party shall be under any obligation by this Agreement to obtain any patent or, once having obtained a patent, to maintain that patent in force. 3.2.4 Except 5.4. Each party acknowledges and agrees that the other party has made no statement or representation as to the size of the market for the breach of Confidentiality and Nondisclosure requirements of this Agreement products that may be made or sold utilizing the licenses granted or to be granted hereunder or as provided in Section 3.3, neither Party will be liable to the other Party (nor amount of revenue or profits to any third be received by the party claiming rights derived from the other Party’s rights under this Agreement) for incidentalobtaining such licenses. Each party acknowledges that, consequential, special, punitive, or exemplary damages of any kind, including lost profits, loss of business, or other economic damage, and further including injury to property, as a result of breach of any warranty or other term of in entering into this Agreement, regardless of whether it is relying entirely on its own estimate as to the Party liable or allegedly liable was advised, had reason market for the products that may be made and sold utilizing the license granted and to know, or in fact knew be granted hereunder. 5.5. Each party acknowledges and agrees that a Programmable Logic Device containing SRAM is not and shall not be deemed to be an SRAM Programmable Logic Device if all of the possibility thereofSRAM is User Memory; and a Programmable Logic Device containing SRAM is and shall be deemed to be an SRAM Programmable Logic Device only if one or more of the Programmable Switching Elements of the Programmable Logic Device is controlled by SRAM.

Representations Warranties and Disclaimers. 3.2.1 WorldSpace represents and warrants that it has all right, title, and interest in and to the WorldSpace Intellectual Property Rights purported to be licensed by it to Analog and all power and authority necessary to grant the licenses to such intellectual property that are granted by WorldSpace to Analog hereunder. 3.2.2 10.1 Each Party represents and warrants that neither it nor (a) this Agreement does not violate any of its affiliates such Party’s existing agreements, and (b) that such Party has the authority, power and right to convey the rights or power accept the obligations created pursuant to direct any third party to assert against this Agreement. 10.2 Each of the Parties acknowledges and agrees that: 10.2.1 No warranty or representation either expressed or implied is made by the other Party that any cause Use of action based upon the other Party’s purported infringement of any intellectual property owned or enforceable by such third party. 3.2.3 Nothing contained in this Agreement shall be construed as a warranty or representation that the manufacture, sale, lease, use, or other distribution of the Platform by either party or any component or products derived thereof Licensed Products will be free from infringement of patentsPatents, trademarks, copyrights, mask work rights, copyrights or other intellectual property or other rights of third parties, except to any Third Party; 10.2.2 No warranty or representation either expressed or implied is made by the extent as provided herein, or that a Customer will be able to manufacture or to sell or otherwise transfer any component or product based upon the rights it receives hereunder. Except to the extent, and only to the extent, expressly stated herein, neither Party makes any warranty Parties as to the accuracyvalidity, sufficiency, enforceability or suitability scope of any Information Licensed Patents; 10.2.3 There is no obligation for a Party to maintain any Licensed Patents; and 10.2.4 The Parties have no obligation to make any determination as to the applicability, suitability, usefulness or fitness of any Intellectual Property hereunder. Licensed Patents to any product, service, invention, technology or process or part thereof. 10.3 Each Party assumes the risk of defects or inaccuracies in the Intellectual Property and Informationagrees that, if any, supplied by upon notice from the other Party. Neither , it will not enforce any injunction for alleged infringement of its Licensed Patents against direct or indirect suppliers of the other Party shall be under any obligation by this Agreement to obtain any patent or, once having obtained a patent, to maintain that patent in force. 3.2.4 Except and its sub-licensees for the breach of Confidentiality and Nondisclosure requirements of this Agreement as provided in Section 3.3, neither Party will be liable direct or indirect deliveries to the other Party (nor to any third party claiming rights derived from the other Party’s rights under this Agreement) for incidentaland/or its sub-licensees. 10.4 Except as otherwise provided in Section 10.1 above, consequential, special, punitive, or exemplary damages each Party makes no representations; extends no warranties of any kind, including lost profitseither express or implied, loss and assumes no responsibilities whatsoever with respect to the Use of businessany Licensed Product, service, or part thereof by the other economic damage, and further including injury to property, as a result of breach of Party or its sub-licensees or any warranty direct or indirect supplier or vendee or other term of this Agreement, regardless of whether transferee the other Party liable or allegedly liable was advised, had reason to know, or in fact knew of the possibility thereofits sub-licensees.