Common use of Scope of Protection Clause in Contracts

Scope of Protection. 3.01 Sisvel represents and warrants that it has the authority, power, and right to enter into this Agreement and to grant Licensee and Affiliates the rights, privileges, and releases herein set forth. 3.02 Nothing in this Agreement shall be construed as: (i) a warranty or representation by Sisvel as to the validity or scope of any of the DVB-T2 Essential Patent Claims; (ii) a warranty or representation by Sisvel that anything Manufactured, used, imported, offered for Sale, Sold, or otherwise disposed of under any license granted in this Agreement is free from infringement or will not infringe, directly, contributorily, by inducement or otherwise under the laws of any country any patent or other intellectual property right different from the DVB-T2 Essential Patent Claims; or (iii) a warranty or representation by Sisvel that the DVB-T2 Essential Patent Claims licensed hereunder include all patents essential to practice the DVB-T2 Standard throughout the world. 3.03 In the event that any patent included in the DVB-T2 Listed Patents is declared void or unenforceable by a final and non-appealable order from a judicial or other governmental authority in the same country as that which issued the patent in question, no payments made by Licensee under Article 4 will be reimbursed to Licensee. However, no payments under Article 4 will be due with respect to any country for periods during which there are no remaining DVB-T2 Listed Patents in such country which have not expired or been declared void or unenforceable as described in the preceding sentence. 3.04 Licensee represents and warrants that it has the right to enter into this Agreement with Sisvel on its behalf and on behalf of Affiliates. Licensee further represents and warrants that it will have the right to enter into this Agreement on behalf of Affiliates added after the Effective Date. 3.05 Licensee represents and warrants that: (i) Licensee is entering into this Agreement at its sole discretion and for its own convenience to acquire patent rights necessary to practice the DVB-T2 Standard from multiple DVB-T2 Patent Owners in a single transaction rather than electing its option to negotiate separate license agreements with individual DVB-T2 Patent Owners; and (ii) Licensee is fully aware that the DVB-T2 Essential Patent Claims may not include all present and future patents essential to practice the DVB-T2 Standard, and that this Agreement may not provide Licensee with all the patents or other rights needed to perform the activities contemplated by Licensee. Sisvel and Licensee recognize that Licensee had the right to separately negotiate a license with any or all of the DVB-T2 Patent Owners under any and all of the DVB-T2 Essential Patent Claims under terms and conditions to be independently negotiated with each DVB-T2 Patent Owner, and that Licensee has entered into this Agreement freely and at its sole discretion. 3.06 Licensee agrees that neither Licensee nor Affiliates will use the licenses and rights granted by Sisvel under this Agreement in any way to circumvent the purpose of this Agreement, the DVB-T2 licensing program of Sisvel, or the licensing and enforcement of the DVB-T2 Essential Patent Claims against unlicensed entities. Licensee will not attempt to treat products Manufactured and/or distributed by unlicensed entities and supplied to other unlicensed entities as licensed under this Agreement unless: (i) Licensee is actually Selling or purchasing such products, and (ii) prior to distribution of such products Licensee is a party of record to either a written supply agreement or a written purchase agreement for the products in question with at least one of the unlicensed entities that is Manufacturing or distributing the products in question. 3.07 Each Party represents and warrants that this Agreement and the transactions contemplated hereby do not violate or conflict with or result in a breach under any other agreement to which it is subject as a party or otherwise. 3.08 Each Party represents and warrants that, in executing this Agreement, it does not rely on any promises, inducements, or representations made by the other Party or any third party with respect to this Agreement or any other business dealings with the other Party or any third party, now or in the future except those expressly set forth herein. 3.09 Each Party represents and warrants that it is not presently the subject of a voluntary or involuntary petition in bankruptcy or the equivalent thereof, does not presently contemplate filing any voluntary petition, and does not presently have reason to believe that an involuntary petition will be filed against it. 3.10 Licensee and Sisvel recognize that the royalties payable hereunder shall neither increase nor decrease due to an increase or decrease in the number of patents licensed hereunder or an increase or decrease in the prices of Licensed Products. 3.11 Other than the express warranties set forth in this Article 3, the Parties make NO OTHER WARRANTIES, EXPRESS OR IMPLIED.

Scope of Protection. 3.01 Sisvel represents and warrants that it has the authority, power, and right to enter into this Agreement and to grant Licensee and Affiliates the rights, privileges, and releases herein set forth. 3.02 Nothing in this Agreement shall be construed as: (i) a warranty or representation by Sisvel as to the validity or scope of any of the DVB-T2 Essential Patent Claims; (ii) a warranty or representation by Sisvel that anything Manufactured, used, imported, offered for Sale, Sold, or otherwise disposed of under any license granted in this Agreement is free from infringement or will not infringe, directly, contributorily, by inducement or otherwise under the laws of any country any patent or other intellectual property right different from the DVB-T2 Essential Patent Claims; or (iii) a warranty or representation by Sisvel that the DVB-T2 Essential Patent Claims licensed hereunder include all patents essential to practice the DVB-T2 Standard throughout the world. 3.03 In the event that any patent included in the DVB-T2 Listed Patents is declared void or unenforceable by a final and non-appealable order from a judicial or other governmental authority in the same country as that which issued the patent in question, no payments made by Licensee under Article 4 will be reimbursed to Licensee. However, no payments under Article 4 will be due with respect to any country for periods during which there are no remaining DVB-T2 Listed Patents in such country which have not expired or been declared void or unenforceable as described in the preceding sentence. 3.04 Licensee represents and warrants that it has the right to enter into this Agreement with Sisvel on its behalf and on behalf of Affiliates. Licensee further represents and warrants that it will have the right to enter into this Agreement on behalf of Affiliates added after the Effective Date. 3.05 Licensee represents and warrants that: (i) Licensee is entering into this Agreement at its sole discretion and for its own convenience to acquire patent rights necessary to practice the DVB-T2 Standard from multiple DVB-T2 Patent Owners in a single transaction rather than electing its option to negotiate separate license agreements with individual DVB-T2 Patent Owners; and (ii) Licensee is fully aware that the DVB-T2 Essential Patent Claims may not include all present and future patents essential to practice the DVB-T2 Standard, and that this Agreement may not provide Licensee with all the patents or other rights needed to perform the activities contemplated by Licensee. Sisvel and Licensee recognize that Licensee had the right to separately negotiate a license with any or all of the DVB-T2 Patent Owners under any and all of the DVB-T2 Essential Patent Claims under terms and conditions to be independently negotiated with each DVB-T2 Patent Owner, and that Licensee has entered into this Agreement freely and at its sole discretion. 3.06 Licensee agrees that neither Licensee nor Affiliates will use the licenses and rights granted by Sisvel under this Agreement in any way to circumvent the purpose of this Agreement, the DVB-T2 licensing program of Sisvel, or the licensing and enforcement of the DVB-T2 Essential Patent Claims against unlicensed entities. Licensee will not attempt to treat products Manufactured and/or distributed by unlicensed entities and supplied to other unlicensed entities as licensed under this Agreement unless: (i) Licensee is actually Selling or purchasing such products, and (ii) prior to distribution of such products Licensee is a party of record to either a written supply agreement or a written purchase agreement for the products in question with at least one of the unlicensed entities that is Manufacturing or distributing the products in question. 3.07 Each Party represents and warrants that this Agreement and the transactions contemplated hereby do not violate or conflict with or result in a breach under any other agreement to which it is subject as a party or otherwise. 3.08 Each Party represents and warrants that, in executing this Agreement, it does not rely on any promises, inducements, or representations made by the other Party or any third party with respect to this Agreement or any other business dealings with the other Party or any third party, now or in the future except those expressly set forth herein. 3.09 Each Party represents and warrants that it is not presently the subject of a voluntary or involuntary petition in bankruptcy or the equivalent thereof, does not presently contemplate filing any voluntary petition, and does not presently have reason to believe that an involuntary petition will be filed against it. 3.10 Licensee and Sisvel Xxxxxx recognize that the royalties payable hereunder shall neither increase nor decrease due to an increase or decrease d5ecrease in the number of patents licensed hereunder or an increase or decrease in the prices of Licensed Consumer Products. 3.11 Other than the express warranties set forth in this Article 3, the Parties make NO OTHER WARRANTIES, EXPRESS OR IMPLIED.

Scope of Protection. 3.01 Sisvel represents and warrants that it has the authority, power, and right to enter into this Agreement and to grant Licensee and Affiliates the rights, privileges, and releases herein set forth. 3.02 Nothing in this Agreement shall be construed as: (i) a warranty or representation by Sisvel as to the validity or scope of any of the DVB-T2 S2X Essential Patent Claims; (ii) a warranty or representation by Sisvel that anything Manufactured, used, imported, offered for Sale, Sold, or otherwise disposed of under any license granted in this Agreement is free from infringement or will not infringe, directly, contributorily, by inducement or otherwise under the laws of any country any patent or other intellectual property right different from the DVB-T2 S2X Essential Patent Claims; or (iii) a warranty or representation by Sisvel that the DVB-T2 S2X Essential Patent Claims licensed hereunder include all patents essential to practice the DVB-T2 S2X Standard throughout the world. 3.03 In the event that any patent included in the DVB-T2 S2X Listed Patents is declared void or unenforceable by a final and non-appealable order from a judicial or other governmental authority in the same country as that which issued the patent in question, no payments made by Licensee under Article ARTICLE 4 will be reimbursed to Licensee. However, no payments under Article ARTICLE 4 will be due with respect to any country for periods during which there are no remaining DVB-T2 S2X Listed Patents in such country which have not expired or been declared void or unenforceable as described in the preceding sentence. 3.04 Licensee represents and warrants that it has the right to enter into this Agreement with Sisvel on its behalf and on behalf of Affiliates. Licensee further represents and warrants that it will have the right to enter into this Agreement on behalf of Affiliates added after the Effective Date. 3.05 Licensee represents and warrants that: (i) Licensee is entering into this Agreement at its sole discretion and for its own convenience to acquire patent rights necessary to practice the DVB-T2 DVB- S2X Standard from multiple DVB-T2 S2X Patent Owners in a single transaction rather than electing its option to negotiate separate license agreements with individual DVB-T2 S2X Patent Owners; and (ii) Licensee is fully aware that the DVB-T2 S2X Essential Patent Claims may not include all present and future patents essential to practice the DVB-T2 S2X Standard, and that this Agreement may not provide Licensee with all the patents or other rights needed to perform the activities contemplated by Licensee. Sisvel and Licensee recognize that Licensee had the right to separately negotiate a license with any or all of the DVB-T2 S2X Patent Owners under any and all of the DVB-T2 S2X Essential Patent Claims under terms and conditions to be independently negotiated with each DVB-T2 S2X Patent Owner, and that Licensee has entered into this Agreement freely and at its sole discretion. 3.06 Licensee agrees that neither Licensee nor Affiliates will use the licenses and rights granted by Sisvel under this Agreement in any way to circumvent the purpose of this Agreement, the DVB-T2 DVB- S2X licensing program of Sisvel, or the licensing and enforcement of the DVB-T2 S2X Essential Patent Claims against unlicensed entities. Licensee will not attempt to treat products Manufactured and/or distributed by unlicensed entities and supplied to other unlicensed entities as licensed under this Agreement unless: (i) Licensee is actually Selling or purchasing such products, and (ii) prior to distribution of such products Licensee is a party of record to either a written supply agreement or a written purchase agreement for the products in question with at least one of the unlicensed entities that is Manufacturing or distributing the products in question. 3.07 Each Party represents and warrants that this Agreement and the transactions contemplated hereby do not violate or conflict with or result in a breach under any other agreement to which it is subject as a party or otherwise. 3.08 Each Party represents and warrants that, in executing this Agreement, it does not rely on any promises, inducements, or representations made by the other Party or any third party with respect to this Agreement or any other business dealings with the other Party or any third party, now or in the future except those expressly set forth herein. 3.09 Each Party represents and warrants that it is not presently the subject of a voluntary or involuntary petition in bankruptcy or the equivalent thereof, does not presently contemplate filing any voluntary petition, and does not presently have reason to believe that an involuntary petition will be filed against it. 3.10 Licensee and Sisvel recognize that the royalties payable hereunder shall neither increase nor decrease due to an increase or decrease in the number of patents licensed hereunder or an increase or decrease in the prices of Licensed Products. 3.11 Other than the express warranties set forth in this Article ARTICLE 3, the Parties make NO OTHER WARRANTIES, EXPRESS OR IMPLIED.

Scope of Protection. 3.01 Sisvel represents and warrants that it has the authority, power, and right to enter into this Agreement and to grant Licensee and Licensee Affiliates the rights, privileges, and releases herein set forth. 3.02 Nothing in this Agreement shall be construed as: (i) a warranty or representation by Sisvel as to the validity or scope of any of the DVB-T2 SIS Essential Patent Claims; (ii) a warranty or representation by Sisvel that anything Manufactured, used, imported, offered for Sale, Sold, or otherwise disposed of under any license granted in this Agreement is free from infringement or will not infringe, directly, contributorily, by inducement or otherwise under the laws of any country any patent or other intellectual property right different from the DVB-T2 SIS Essential Patent Claims; or (iii) a warranty or representation by Sisvel that the DVB-T2 SIS Essential Patent Claims licensed hereunder include all patents essential to practice the DVB-T2 SIS Standard throughout the world. 3.03 In the event that any patent included in the DVB-T2 SIS Listed Patents is declared void or unenforceable by a final and non-appealable order from a judicial or other governmental authority in the same country as that which issued the patent in question, no payments made by Licensee under Article ARTICLE 4 will be reimbursed to Licensee. However, no payments under Article ARTICLE 4 will be due with respect to any country for periods during which there are no remaining DVB-T2 SIS Listed Patents in such country which have not expired or been declared void or unenforceable as described in the preceding sentence. 3.04 Licensee represents and warrants that it has the right to enter into this Agreement with Sisvel on its behalf and on behalf of Licensee Affiliates. Licensee further represents and warrants that it will have the right to enter into this Agreement on behalf of Licensee Affiliates added after the Effective Date. 3.05 Licensee represents and warrants that: (i) Licensee is entering into this Agreement at its sole discretion and for its own convenience to acquire patent rights necessary to practice the DVB-T2 SIS Standard from multiple DVB-T2 SIS Patent Owners in a single transaction rather than electing its option to negotiate separate license agreements with individual DVB-T2 SIS Patent Owners; and (ii) Licensee is fully aware that the DVB-T2 SIS Essential Patent Claims may not include all present and future patents essential to practice the DVB-T2 SIS Standard, and that this Agreement may not provide Licensee with all the patents or other rights needed to perform the activities contemplated by Licensee. Sisvel and Licensee recognize that Licensee had the right to separately negotiate a license with any or all of the DVB-T2 SIS Patent Owners under any and all of the DVB-T2 SIS Essential Patent Claims under terms and conditions to be independently negotiated with each DVB-T2 SIS Patent Owner, and that Licensee has entered into this Agreement freely and at its sole discretion. 3.06 Licensee agrees that neither Licensee nor Licensee Affiliates will use the licenses and rights granted by Sisvel under this Agreement in any way to circumvent the purpose of this Agreement, the DVB-T2 SIS licensing program of Sisvel, or the licensing and enforcement of the DVB-T2 SIS Essential Patent Claims against unlicensed entities. Licensee will not attempt to treat products Manufactured and/or distributed by unlicensed entities and supplied to other unlicensed entities as licensed under this Agreement unless: (i) Licensee is actually Selling or purchasing such products, and (ii) prior to distribution of such products Licensee is a party of record to either a written supply agreement or a written purchase agreement for the products in question with at least one of the unlicensed entities that is Manufacturing or distributing the products in question. 3.07 Each Party represents and warrants that this Agreement and the transactions contemplated hereby do not violate or conflict with or result in a breach under any other agreement to which it is subject as a party or otherwise. 3.08 Each Party represents and warrants that, in executing this Agreement, it does not rely on any promises, inducements, or representations made by the other Party or any third party with respect to this Agreement or any other business dealings with the other Party or any third party, now or in the future except those expressly set forth herein. 3.09 Each Party represents and warrants that it is not presently the subject of a voluntary or involuntary petition in bankruptcy or the equivalent thereof, does not presently contemplate filing any voluntary petition, and does not presently have reason to believe that an involuntary petition will be filed against it. 3.10 Licensee and Sisvel recognize that the royalties payable hereunder shall neither increase nor decrease due to an increase or decrease in the number of patents licensed hereunder or an increase or decrease in the prices of Licensed Products. 3.11 Other than the express warranties set forth in this Article ARTICLE 3, the Parties make NO OTHER WARRANTIES, EXPRESS OR IMPLIED.

Scope of Protection. 3.01 Sisvel represents and warrants that it has the authority, power, and right to enter into this Agreement and to grant Licensee and Licensee Affiliates the rights, privileges, and releases herein set forthforth herein. 3.02 Nothing in this Agreement shall be construed as: (i) a warranty or representation by Sisvel as to the validity or scope of any of the DVB-T2 S2 Essential Patent Claims; (ii) a warranty or representation by Sisvel that anything Manufactured, used, imported, offered for Sale, Sold, or otherwise disposed of under any license granted in this Agreement is free from infringement or will not infringe, directly, contributorily, by inducement or otherwise under the laws of any country any patent or other intellectual property right different from the DVB-T2 S2 Essential Patent Claims; or (iii) a warranty or representation by Sisvel that the DVB-T2 S2 Essential Patent Claims licensed hereunder include all patents essential to practice the DVB-T2 S2 Standard throughout the world. 3.03 In the event that any patent included in the DVB-T2 S2 Listed Patents is declared void or unenforceable by a final and non-appealable order from a judicial or other governmental authority in the same country as that which issued the patent in question, no payments made by Licensee under Article ARTICLE 4 will be reimbursed to Licensee. However, no payments under Article ARTICLE 4 will be due with respect to any country for periods during which there are no remaining DVB-T2 S2 Listed Patents in such country which have not expired or been declared void or unenforceable as described in the preceding sentence. 3.04 Licensee represents and warrants that it has the right to enter into this Agreement with Sisvel on its behalf and on behalf of Licensee Affiliates. Licensee further represents and warrants that it will have the right to enter into this Agreement on behalf of Licensee Affiliates added after the Effective Date. 3.05 Licensee represents and warrants warrants, on behalf of itself and Licensee Affiliates, that: (i) Licensee it is entering into this Agreement at its sole discretion and for its own convenience to acquire patent rights necessary to practice the DVB-T2 S2 Standard from multiple DVB-T2 S2 Patent Owners in a single transaction rather than electing its option to negotiate separate license agreements with individual DVB-T2 S2 Patent Owners; and (ii) Licensee it is fully aware that the DVB-T2 S2 Essential Patent Claims may not include all present and future patents essential to practice the DVB-T2 S2 Standard, and that this Agreement may not provide Licensee with all the patents or other rights needed to perform the activities contemplated by Licensee. Sisvel and Licensee recognize that Licensee and Licensee Affiliates each had the right to separately negotiate a license with any or all of the DVB-T2 S2 Patent Owners under any and all of the DVB-T2 S2 Essential Patent Claims under terms and conditions to be independently negotiated with each DVB-T2 DVB- S2 Patent Owner, and that Licensee has entered into this Agreement freely and at its sole discretion. 3.06 Licensee agrees agrees, on behalf of itself and Licensee Affiliates, that neither Licensee nor Licensee Affiliates will use the licenses and rights granted by Sisvel under this Agreement in any way to circumvent the purpose of this Agreement, the DVB-T2 S2 licensing program of Sisvel, or the licensing and enforcement of the DVB-T2 S2 Essential Patent Claims against unlicensed entities. Neither Licensee nor any Licensee Affiliate will not attempt to treat products Manufactured and/or distributed by unlicensed entities and supplied to other unlicensed entities as licensed under this Agreement unless: (i) Licensee or a Licensee Affiliate is actually Selling or purchasing such products, and (ii) prior to distribution of such products products, Licensee or Licensee Affiliate is a party of record to either a written supply agreement or a written purchase agreement for the products in question with at least one of the unlicensed entities that is Manufacturing or distributing the products in question. 3.07 Each Party represents and warrants that this Agreement and the transactions contemplated hereby do not violate or conflict with or result in a breach under any other agreement to which it is subject as a party or otherwise. 3.08 Each Party represents and warrants that, in executing this Agreement, it does not rely on any promises, inducements, or representations made by the other Party or any third party with respect to this Agreement or any other business dealings with the other Party or any third party, now or in the future except those expressly set forth herein. 3.09 Each Party represents and warrants that it is not presently the subject of a voluntary or involuntary petition in bankruptcy or the equivalent thereof, does not presently contemplate filing any voluntary petition, and does not presently have reason to believe that an involuntary petition will be filed against it. 3.10 Licensee and Sisvel recognize that the royalties payable hereunder shall neither increase nor decrease due to an increase or decrease in the number of patents licensed hereunder or an increase or decrease in the prices of Licensed Products. 3.11 Other than the express warranties set forth in this Article ARTICLE 3, the Parties make NO OTHER WARRANTIES, EXPRESS OR IMPLIED.

Scope of Protection. 3.01 Sisvel represents and warrants that it has the authority, power, and right to enter into this Agreement and to grant Licensee and Affiliates the rights, privileges, and releases herein set forth. 3.02 Nothing in this Agreement shall be construed as: (i) a warranty or representation by Sisvel as to the validity or scope of any of the DVB-T2 S2X Essential Patent Claims; (ii) a warranty or representation by Sisvel that anything Manufactured, used, imported, offered for Sale, Sold, or otherwise disposed of under any license granted in this Agreement is free from infringement or will not infringe, directly, contributorily, by inducement or otherwise under the laws of any country any patent or other intellectual property right different from the DVB-T2 S2X Essential Patent Claims; or (iii) a warranty or representation by Sisvel that the DVB-T2 S2X Essential Patent Claims licensed hereunder include all patents essential to practice the DVB-T2 S2X Standard throughout the world. 3.03 In the event that any patent included in the DVB-T2 S2X Listed Patents is declared void or unenforceable by a final and non-appealable order from a judicial or other governmental authority in the same country as that which issued the patent in question, no payments made by Licensee under Article ARTICLE 4 will be reimbursed to Licensee. However, no payments under Article ARTICLE 4 will be due with respect to any country for periods during which there are no remaining DVB-T2 DVB- S2X Listed Patents in such country which have not expired or been declared void or unenforceable as described in the preceding sentence. 3.04 Licensee represents and warrants that it has the right to enter into this Agreement with Sisvel on its behalf and on behalf of Affiliates. Licensee further represents and warrants that it will have the right to enter into this Agreement on behalf of Affiliates added after the Effective Date. 3.05 Licensee represents and warrants that: (i) Licensee is entering into this Agreement at its sole discretion and for its own convenience to acquire patent rights necessary to practice the DVB-T2 S2X Standard from multiple DVB-T2 S2X Patent Owners in a single transaction rather than electing its option to negotiate separate license agreements with individual DVB-T2 S2X Patent Owners; and (ii) Licensee is fully aware that the DVB-T2 S2X Essential Patent Claims may not include all present and future patents essential to practice the DVB-T2 S2X Standard, and that this Agreement may not provide Licensee with all the patents or other rights needed to perform the activities contemplated by Licensee. Sisvel and Licensee recognize that Licensee had the right to separately negotiate a license with any or all of the DVB-T2 S2X Patent Owners under any and all of the DVB-T2 S2X Essential Patent Claims under terms and conditions to be independently negotiated with each DVB-T2 S2X Patent Owner, and that Licensee has entered into this Agreement freely and at its sole discretion. 3.06 Licensee agrees that neither Licensee nor Affiliates will use the licenses and rights granted by Sisvel under this Agreement in any way to circumvent the purpose of this Agreement, the DVB-T2 S2X licensing program of Sisvel, or the licensing and enforcement of the DVB-T2 S2X Essential Patent Claims against unlicensed entities. Licensee will not attempt to treat products Manufactured and/or distributed by unlicensed entities and supplied to other unlicensed entities as licensed under this Agreement unless: (i) Licensee is actually Selling or purchasing such products, and (ii) prior to distribution of such products Licensee is a party of record to either a written supply agreement or a written purchase agreement for the products in question with at least one of the unlicensed entities that is Manufacturing or distributing the products in question. 3.07 Each Party represents and warrants that this Agreement and the transactions contemplated hereby do not violate or conflict with or result in a breach under any other agreement to which it is subject as a party or otherwise. 3.08 Each Party represents and warrants that, in executing this Agreement, it does not rely on any promises, inducements, or representations made by the other Party or any third party with respect to this Agreement or any other business dealings with the other Party or any third party, now or in the future except those expressly set forth herein. 3.09 Each Party represents and warrants that it is not presently the subject of a voluntary or involuntary petition in bankruptcy or the equivalent thereof, does not presently contemplate filing any voluntary petition, and does not presently have reason to believe that an involuntary petition will be filed against it. 3.10 Licensee and Sisvel recognize that the royalties payable hereunder shall neither increase nor decrease due to an increase or decrease in the number of patents licensed hereunder or an increase or decrease in the prices of Licensed Products. 3.11 Other than the express warranties set forth in this Article ARTICLE 3, the Parties make NO OTHER WARRANTIES, EXPRESS OR IMPLIED.