Subscriber Warranties and Representations Sample Clauses

Subscriber Warranties and Representations. You warrant and represent that: (a) no unauthorized users have had access to Your Private Key; (b) the information You put in the Subscriber Certificate is true, accurate and complete; (c) You are either the registered holder of the domain name(s) that are the subject of the Certificate application or have been granted the right to use the domain names(s) that are the subject of the Certificate application by the registered holder of the domain name(s); (d) the Certificate and PKI Site Seal are being used lawfully and with authorization; (e) You are using the Certificate in a Subscriber capacity, not as a Certificate Authority; (f) You disclaim any fiduciary duty relationship between Starfield or any non-Starfield Certification Authorities and You; and (g) You are not using the Certificate Service in any way that infringes upon the rights of third parties.
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Subscriber Warranties and Representations. You warrant and represent as related to and for the benefit of Starfield and the Certificate Beneficiaries, that: (a) no unauthorized users have had access to Your Private Key; (b) the information You put in the Subscriber Certificate is true, accurate and complete; (c) You are either the registered holder of the domain name(s) that are the subject of the Certificate application or have been granted the right to use the domain names(s) that are the subject of the Certificate application by the registered holder of the domain name(s); (d) the Certificate and PKI Site Seal are being used lawfully and with authorization; (e) You are using the Certificate in a Subscriber capacity, not as a Certificate Authority; (f) You disclaim any fiduciary relationship between Starfield or any non-Starfield Certification Authorities and You; and (g) You are not using the Certificate Service in any way that infringes upon the rights of third parties.
Subscriber Warranties and Representations. You warrant and represent that: (a) no unauthorized users have had access to Your Private Key and You shall take all reasonable measures necessary to maintain sole control of, keep confidential, and properly protect at all times Your Private Key that corresponds to the Public Key to the included in the requested Certificate (and any associated information or device – e.g., password or token). (b) the information You put in the Subscriber Certificate and as otherwise requested by the CA in connection with the issuance of the Certificate is true, accurate and complete; (c) all digital signatures created using the private key corresponding to the public key listed in the Certificate belong to You and the Certificate has been accepted and is functional – it has not expired or been revoked - at the time the digital signature is created. (d) You are the registrant, or the authorized representative of the registrant, for the domain name associated with the Certificate.
Subscriber Warranties and Representations. 8.1 The Subscriber warrants, represents and undertakes that: 8.1.1 all Subscriber Data is, and any other documents or information provided by the Subscriber are, and will remain full and accurate and will not include any information or material (or any part thereof) the accessing or use of which would be unlawful, contrary to public interest or otherwise likely to damage the business or reputation of Network Solutions in any way; 8.1.2 you have obtained all licenses and consents necessary to fully perform its obligations under this Agreement; 8.1.3 you will not use the Subscription Services for any purpose that is unlawful or is prohibited by these terms, conditions, and notices. You agree to comply with all rules applicable to you in your use of the Subscription Services, including all applicable local, state, national, and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination of false advertising). You agree: (1) not to use the Subscription Services for illegal purposes; (2) not to interfere or disrupt networks connected to the Subscription Services; (3) to comply with all regulations, policies and procedures of networks connected to the Subscription Services; (4) not to use the Subscription Services to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (5) to not attempt to gain unauthorized access to other computer systems; and (6) to not interfere with another subscriber's use and enjoyment of the Subscription Services or another entity's use and enjoyment of similar services. If you violate any of these terms, your permission to use the services automatically terminates; 8.1.4 you will not, directly or indirectly, (1) reproduce, sell, lease, rent, transfer or exploit for any commercial purposes any portion of the Subscription Services; (2) modify the nsProtect™ Safe logo in any form, change the data contained within the nsProtect™ Safe logo or change its size; (3) use or display the nsProtect™ Safe logo in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to Network Solutions or in a manner that impairs the rights of Network Solutions in its trademarks or logos; or (4) represent that Network Solutions guarantees your products or services; and 8.2 Subscriber shall promptly disclose in writ...
Subscriber Warranties and Representations. You warrant and represent that: (a) no unauthorized users have had access to Your Private Key; (b) the information You put in the Subscriber Certificate is true; (c) all digital signatures created using the private key corresponding to the public key listed in the Certificate belong to You and the Certificate has been accepted and is functional – it has not expired or been revoked - at the time the digital signature is created; (d) You are the registrant, or the authorized representative of the registrant, for the domain name associated with the Certificate.
Subscriber Warranties and Representations. The Subscriber warrants, represents and undertakes that:
Subscriber Warranties and Representations. You warrant and represent, as related to and for the benefit of Starfield and the Certificate Beneficiaries, that: (a) no unauthorized users have had access to your Private Key and you shall take all reasonable measures necessary to maintain sole control of, keep confidential, and properly protect at all times your Private Key that corresponds to the Public Key to the included in the requested Certificate (and any associated information or device – e.g., password or token). (b) the information you put in the Subscriber Certificate and as otherwise requested by the CA in connection with the issuance of the Certificate is true, accurate and complete; (c) all digital signatures created using the private key corresponding to the public key listed in the Certificate belong to you and the Certificate has been accepted and is functional – it has not expired or been revoked - at the time the digital signature is created. (d) You are the registrant, or the authorized representative of the registrant, for the domain name associated with the Certificate. (e) the Certificate and PKI Site Seal are being used lawfully and with authorization. (f) You are using the Certificate in a Subscriber capacity, not as a Certificate Authority. (g) You disclaim any fiduciary relationship between Starfield and any non-Starfield Certification Authorities, and between you and any Relying Party. (h) You are not using the Certificate Service in any way that infringes upon the rights of third parties. (i) You either (i) are the registered holder of the domain name(s) that are the subject of the Certificate application or (ii) have been granted the exclusive right to use the domain name(s) that are the subject of the Certificate application by the registered holder of the domain name(s) that are the subject of the Certificate application. (j) You will not install and use the Certificate(s) until you have reviewed and verified the accuracy of the data in each Certificate. (k) You shall install the Certificate only the service accessible at the domain name(s) listed on the Certificate and shall use the Certificate solely in compliance with all applicable laws, solely for authorized company business, and solely in accordance with this Agreement. (l) You shall promptly cease using the Certificate and its associated Private Key, and promptly request the CA to revoke the Certificate, in the event that (1) any information in the Certificate is or becomes incorrect or inaccurate, or (2) there is a...
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Subscriber Warranties and Representations. You warrant and represent that: (a) You or Your delegate have been (since its creation) and will remain the only person possessing Your Private Key, or any challenge phrase, PIN, software or hardware mechanism protecting the Private Key, and no unauthorized person has had or will have access to such materials or information; (b) the information You put in the Subscriber Certificate is true; (c) all digital signatures created using the private key corresponding to the public key listed in the Certificate belong to You and the Certificate has been accepted and is functional – it has not expired or been revoked - at the time the digital signature is created; (d) the Certificate is being used lawfully and with authorization; and (e) You are using the Certificate in a Subscriber capacity, not as a Certificate Authority; (f) You disclaim any fiduciary relationship between Starfield and any non-Starfield Certification Authorities, and between You and any Relying Party; and (g) You are not using the Certificate Service in any way that infringes upon the rights of third parties.

Related to Subscriber Warranties and Representations

  • Warranties and Representations 9.3.1 The Supplier warrants and represents that:- (a) it has full capacity and authority and all necessary consents (including where its procedures so require, the consent of its Parent Company) to enter into and perform its obligations under the Contract; (b) the Contract is executed by a duly authorised representative of the Supplier; (c) in entering the Contract it has not committed any Fraud; (d) as at the Commencement Date, all information, statements and representations contained in the Tender for the Services are true, accurate and not misleading save as may have been specifically disclosed in writing to the Authority prior to execution of the Contract and it will advise the Authority of any fact, matter or circumstance of which it may become aware which would render any such information, statement or representation to be false or misleading; (e) no claim is being asserted and no litigation, arbitration or administrative proceeding is presently in progress or, to the best of its knowledge and belief, pending or threatened against it or its assets which will or might affect its ability to perform its obligations under the Contract; (f) it is not subject to any contractual obligation, compliance with which is likely to have an adverse effect on its ability to perform its obligations under the Contract; (g) no proceedings or other steps have been taken and not discharged (nor, to the best of its knowledge, are threatened) for the winding up of the Supplier or for its dissolution or for the appointment of a receiver, administrative receiver, liquidator, manager, administrator or similar officer in relation to any of the Supplier’s assets or revenue; (h) it owns, has obtained or is able to obtain valid licences for all Intellectual Property Rights that are necessary for the performance of its obligations under the Contract; (i) the Services shall be provided and carried out by appropriately experienced, qualified and trained Staff with all due skill, care and diligence; (j) in the three (3) years prior to the date of the Contract: (i) it has conducted all financial accounting and reporting activities in compliance in all material respects with the generally accepted accounting principles that apply to it in any country where it files accounts; (ii) it has been in full compliance with all applicable securities and tax laws and regulations in the jurisdiction in which it is established; and (k) it has not done or omitted to do anything which could have an adverse effect on its assets, financial condition or position as an ongoing business concern or its ability to fulfil its obligations under the Contract.

  • Seller’s Warranties and Representations The matters set forth in this Section 11.1 constitute representations and warranties by Seller which are now and (subject to matters contained in any notice given pursuant to the next succeeding sentence) shall, in all material respects, at the Closing be true and correct. If Seller learns of, or has a reason to believe that any of the representations and warranties contained in this Article 11 may cease to be true and correct, Seller shall give prompt notice to Purchaser (which notice shall include copies of the instrument, correspondence, or document, if any, upon which Seller’s notice is based) and, in such event, Purchaser may terminate this Agreement, upon written notice to Seller, without recourse against Seller; provided, however; Seller cannot act voluntary in a manner which would cause a representation and warranty to become materially incorrect or inaccurate. As used in this Section 11.1, the phrase “to the extent of Seller’s actual knowledge” shall mean the actual current knowledge of Xxxx Xxxxxxx, with respect to water and sewage issues only, Xxxxxx Xxxxxx, Xxxx Xxxxxxxxx, Xxxx Xxxxxx, Xxx Xxxxxxxx and Xxxxx Xxxxxx whom Seller represents to be the representatives of Seller having the responsibility for the management and sale of the Golf Course and accordingly the individuals responsible for being informed of matters relevant to this Agreement. There shall be no duty imposed or implied to investigate, inspect, or audit any such matters, and there shall be no imputed or personal liability on the part of such individuals. To the extent Purchaser has or acquires actual knowledge prior to the Closing Date that these representations and warranties are inaccurate, untrue or incorrect in any way, Purchaser may proceed to Closing without reduction in the Purchase Price and without recourse against Seller for such misrepresentation, in which even such representation or warranties shall be deemed modified to reflect Purchaser’s actual knowledge.

  • WARRANTIES AND REPRESENTATION 34.1 Neither of the Parties will be bound by any express or implied term, representation, warranty, promise or the like, not recorded herein.

  • Covenants, Warranties and Representations Each of the parties covenants, warrants and represents for itself as follows:

  • GENERAL WARRANTIES AND REPRESENTATIONS The Borrower warrants and represents to the Agent and the Lenders that except as hereafter disclosed to and accepted by the Agent and the Majority Lenders in writing:

  • Subscriber’s Representations, Warranties and Agreements To induce the Company to issue the Shares to the Subscriber, the Subscriber hereby represents and warrants to the Company and agrees with the Company as follows:

  • Survival of Warranties and Representations The parties hereto agree that all warranties and representations of the parties survive the closing of this transaction.

  • REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF THE ADVISER The Adviser represents, warrants and agrees that: a. The Adviser has been duly authorized by the Board of Trustees of the Fund to delegate to the Sub-Adviser the provision of investment services to the Portfolio Account as contemplated hereby. b. The Adviser is currently in compliance and shall at all times continue to comply with the requirements imposed upon the Adviser by applicable law and regulations.

  • Representations and Warranties and Agreements The Adviser represents and warrants to the Sub-Adviser, on an on-going basis, that: (a) The Fund is a “Qualified Purchaser” within the meaning of Investment Company Act of 1940; and (b) The Fund is a “Qualified Eligible Person” as defined in CFTC Rule 4.7, and is either a member of, or exempt from any requirement to become a member of, the National Futures Association, and will maintain and renew such membership or exemption during the term of this Agreement. Further, the Adviser and the Sub-Adviser agree as follows: (c) The Adviser acknowledges that the Sub-Adviser has been authorized to invest in derivatives for the Fund in accordance with the Fund’s investment objective and policies as stated in the Registration Statement. To the extent so authorized, the Adviser agrees that the Sub-Adviser, on the Fund’s behalf, and on such terms as the Sub-Adviser deems appropriate, with prior telephonic or email notice to and in consultation with the Adviser, may take any all such steps as may be required or permitted by the rules and regulations and/or by appropriate market practice to engage in derivatives transactions, including entering into ISDA agreements, clearing agreements, completing documentation, including documentation for clearing facilities, making representations and granting, and providing or executing counterparty documentation and account opening documentation on the Fund’s behalf, on such terms as the Sub-Adviser deems appropriate, in consultation with the Adviser. (d) Further, subject to the limitations under the 1940 Act, the Adviser on request of the Sub-Adviser or the Sub-Adviser may, acting as agent on the Fund’s behalf, agree to a collateral mechanism with counterparties in the market and instruct the custodian to advance cash or securities as collateral to an account designated by the Fund’s custodian and counterparty, broker and/or futures commission merchant (“FCM”) (as applicable) to meet margin/collateral payments if and to the extent required by the rules of exchanges or markets on which such instruments are dealt or as may have been agreed in any master agreement or other contract with a counterparty, including with respect to agency MBS collateral. The Adviser authorizes the Sub-Adviser, to the extent required by regulatory agencies or market practice, to reveal its and/or the Fund’s identity and address to any counterparty, broker or FCM through which or with which financial derivatives and foreign exchange instruments are traded or cleared. The Sub-Adviser may use such clearing firm as it deems appropriate to clear its derivatives transactions. The Adviser covenants that the Fund has full capacity to invest in financial derivatives and foreign exchange instruments. (e) The Sub-Adviser (which is registered with the CFTC as a Commodity Trading Adviser) intends to operate the Fund as an exempt account under CFTC Rule 4.5. PURSUANT TO AN EXEMPTION FROM THE COMMODITY FUTURES TRADING COMMISSION IN CONNECTION WITH ACCOUNTS OF QUALIFIED ELIGIBLE PERSONS, THIS AGREEMENT IS NOT REQUIRED TO BE, AND HAS NOT BEEN, FILED WITH THE COMMODITY FUTURES TRADING COMMISSION. THE COMMODITY FUTURES TRADING COMMISSION DOES NOT PASS UPON THE MERITS OF PARTICIPATING IN A TRADING PROGRAM OR UPON THE ADEQUACY OR ACCURACY OF COMMODITY TRADING ADVISOR DISCLOSURE. CONSEQUENTLY, THE COMMODITY FUTURES TRADING COMMISSION HAS NOT REVIEWED OR APPROVED THIS AGREEMENT.

  • Representations, Warranties and Agreements You will make to each other Underwriter participating in an Offering the same representations, warranties, and agreements, if any, made by the Underwriters to the Issuer, the Guarantor, or the Seller in the applicable Underwriting Agreement or any Intersyndicate Agreement, and you authorize the Manager to make such representations, warranties, and agreements to the Issuer, the Guarantor, or the Seller on your behalf.

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