Software Representations and Warranties. Supplier further represents and warrants to the University that:
(a) it is the legal and beneficial owner of the entire right, title and interest in and to the Software, including all intellectual property rights relating thereto;
(b) it has, and throughout the license term, will retain the unconditional and irrevocable right, power and authority to grant and perform the license hereunder;
(c) the Software, and the University's use thereof, is and throughout the license term will be free and clear of all encumbrances, liens and security interests of any kind;
(d) neither its grant of the license, nor its performance under this Agreement does or to its knowledge will at any time:
(i) conflict with or violate any applicable Law;
(ii) require the consent, approval or authorization of any governmental or regulatory authority or other third party; or
(iii) require the provision of any payment or other consideration to any third party;
(e) when used by the University or any Authorized User in accordance with this Agreement and the Documentation, the Software or Documentation as delivered or installed by Supplier does not or will not:
(i) infringe, misappropriate or otherwise violate any intellectual property right or other right of any third party; or
(ii) fail to comply with any applicable Law;
(f) as provided by Supplier, the Software does not or will not at any time during the license term contain any:
(i) Harmful Code; or
(g) all Documentation is and will be complete and accurate in all material respects when provided to the University such that at no time during the license term will the Software have any material undocumented feature; and
(h) it will perform all Services in a timely, skillful, professional and workmanlike manner in accordance with commercially reasonable industry standards and practices for similar services, using personnel with the requisite skill, experience and qualifications, and will devote adequate resources to meet its obligations under this Agreement.
(i) when used in the Operating Environment (or any successor thereto) in accordance with the Documentation, all Software as provided by Supplier, will be fully operable, meet all applicable specifications, and function in all respects, in conformity with this Agreement and the Documentation; and
(j) no Maintenance Release or New Version, when properly installed in accordance with this Agreement, will have a material adverse effect on the functionality or operability of the Software.
Software Representations and Warranties. Frontier GlobalCenter represents and warrants that (i) it has the right, power and authority to license the Software to Client pursuant to this Agreement free of all liens, encumbrances and other restrictions; (ii) the Software shall operate and run in accordance with the Service Specifications indicated in the Agreement or referenced in the Service Order; (iii) the license furnished by Frontier GlobalCenter hereunder and/or the use of the Software by Client in accordance with the terms and conditions herein or in any Service Order, will not infringe upon nor violate any patent, copyright, trade secret, or other proprietary right of any third party; (iv) Client's use and possession of the Software consistent
Software Representations and Warranties. HGC represents and warrants that: (i) it has the right, power and authority to grant the Software licence to Client pursuant to this Agreement free of all liens, encumbrances and other restrictions; (ii) the Software shall operate and run in accordance with the Service Specifications indicated in the applicable Service Order Form; (iii) to the reasonable knowledge of HGC, the licence furnished by HGC hereunder and/or the use of the Software by Client in accordance with the terms and conditions herein or in any Service Order Form, will not infringe upon nor violate any patent, copyright, trade secret, or other proprietary right of any third party; and (iv) Client’s use and possession of the Software consistent with the terms of this Agreement, shall not be adversely affected, interrupted or disturbed by HGC or any entity asserting a claim under or through HGC.
Software Representations and Warranties. GlobalCenter represents and warrants that: (i) it has the right, power and authority to license the Software to Client pursuant to this Agreement free of all liens, encumbrances and other restrictions; (ii) the Software shall operate and run in accordance with the Service Specifications indicated in the Agreement or referenced in the applicable Service Order, (iii) to the best knowledge of GlobalCenter, the license furnished by GlobalCenter hereunder and/or the use of the Software by Client in accordance with the terms and conditions herein or in any Service Order, will not infringe upon nor violate any patent, copyright, trade secret, or other proprietary right of any third party; (iv) Client's use and possession of the Software consistent with the terms of this Agreement, shall not be adversely affected, interrupted or disturbed by GlobalCenter CONFIDENTIAL - GLOBALCENTER PROPRIETARY INFORMATION 217 GLOBALCENTER INC., A GLOBAL CROSSING COMPANY MASTER SERVICE AGREEMENT NO. ____________________________ or any entity asserting a claim under or through GlobalCenter; and (v) the installation and use of the Software and any Upgrades shall not degrade, impair or otherwise adversely affect the performance or operation of the Hardware.
Software Representations and Warranties. GlobalCenter represents and warrants that: (i) it has the right, power and authority to license the Software to Client pursuant to this Agreement free of all liens, encumbrances and other restrictions; (ii) the Software shall operate and run in accordance with the Service Specifications indicated in the Agreement or referenced in the applicable Service Order, (iii) to the best knowledge of GlobalCenter, the license furnished by GlobalCenter hereunder and/or the use of the Software by Client in accordance with the terms and conditions herein or in any Service Order, will not infringe upon nor violate any patent, copyright, trade secret, or other proprietary right of any third party; (iv) Client's use and possession of the Software consistent with the terms of this Agreement, shall not be adversely affected, interrupted or disturbed by GlobalCenter 2 GLOBALCENTER INC., A GLOBAL CROSSING COMPANY MASTER SERVICE AGREEMENT NO. ____________________________ or any entity asserting a claim under or through GlobalCenter; and (v) the installation and use of the Software and any Upgrades shall not degrade, impair or otherwise adversely affect the performance or operation of the Hardware.
Software Representations and Warranties. HGC Global Communications represents and warrants that: (i) it has the right, power and authority to grant the Software licence to Client pursuant to this Agreement free of all liens, encumbrances and other restrictions; (ii) the Software shall operate and run in accordance with the Service Specifications indicated in the applicable Service Order Form; (iii) to the reasonable knowledge of HGC Global Communications, the licence furnished by HGC Global Communications hereunder and/or the use of the Software by Client in accordance with the terms and conditions herein or in any Service Order Form, will not infringe upon nor violate any patent, copyright, trade secret, or other proprietary right of any third party; and
Software Representations and Warranties. Global Center, Inc., represents and warrants that: (i) it has the right, power and authority to license the Software to Client pursuant to this Agreement free of all liens, encumbrances and other restrictions; (ii) the Software shall operate and run in accordance with the Service Specifications indicated in the Agreement or referenced in the Service Order, (iii) the license furnished by Global Center, Inc., hereunder and/or the use of the Software by Client in accordance with the terms and conditions herein or in any Service Order, will not infringe upon nor violate any patent, copyright, trade secret, or other proprietary right of any third party; (iv) Client's use and possession of the Software consistent with the terms of this Agreement, shall not be adversely affected, interrupted or disturbed GLOBAL CENTER, INC., A GLOBAL CROSSING COMPANY Master Service Agreement No. ================================================================================ by Global Center, Inc., or any entity asserting a claim under or through Global Center, Inc.; (v) the installation and use of the Software and any Upgrades shall not degrade, impair or otherwise adversely affect the performance or operation of the Hardware.
Software Representations and Warranties. Global Center, Inc., represents and warrants that: (i) it has the right, power and authority to license the Software to Client pursuant to this Agreement free of all liens, encumbrances and other restrictions; (ii) the Software shall operate and run in accordance with the Service Specifications indicated in the Agreement or referenced in the Service Order, (iii) the license furnished by Global Center, Inc., hereunder and/or the use of the Software by Client in accordance with the terms and conditions herein or in any Service Order, will not infringe upon nor violate any patent, copyright, trade secret, or other proprietary right of any third party; (iv) Client's use and possession of the Software consistent with the terms of this Agreement, shall not be adversely affected, interrupted or disturbed by Global Center, Inc., or any entity asserting a claim under or through Global Center, Inc.; (v) the installation and use of the Software and any. Upgrades shall not degrade, impair or otherwise adversely affect the performance or operation of the Hardware.
Software Representations and Warranties. As to Developed Software and accompanying documentation, Spider shall make to Intek the representations and warranties which Spider makes pursuant to its standard license, maintenance and support agreements with Spider customers three (3) years from the date on which royalties first become due and payable by Spider. As to claims first accruing as to Developed Software and documentation delivered after three (3) years from the date hereof, the limitations on liability of such standard agreements shall replace the limitations on liability herein relating to such Developed Software.
Software Representations and Warranties
