Third Party Parts and Software Sample Clauses
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Third Party Parts and Software. For System parts or components not manufactured by Seller and System software not developed by Seller (“Third Party Parts and Software”), Seller shall use commercially reasonable efforts to secure warranties from the manufacturer or developer of such Third Party Parts and Software (each a “Manufacturer”). Buyer acknowledges that Seller is not a manufacturer or developer of such Third Party Parts and Software, that Seller DISCLAIMS WITH RESPECT TO ALL THIRD PARTY PARTS AND SOFTWARE, ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR INTELLECTUAL PROPERTY INFRINGEMENT, and that Buyer’s sole and exclusive remedies and Seller’s entire liability for any defective Third Party Parts and Software shall be that Seller agrees to pass through to Buyer all warranties which are provided to Seller by the Manufacturer, and which are permitted to be passed through to Buyer by the Manufacturer’s specific warranty. SELLER ASSUMES NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR MANUFACTURER’S SPECIFICATIONS OR PERFORMANCE OR ADEQUACY OR ANY DESIGN OR SPECIFICATION PROVIDED TO SELLER BY OR ON BEHALF OF BUYER.
