Common use of TITLE AND WARRANTY Clause in Contracts

TITLE AND WARRANTY. Title to and ownership of the LICENSED SOFTWARE shall at all times remain with DTU. The LICENSED SOFTWARE is provided to the USER ‘as is' and without warranty. In no event shall DTU be liable for special, indirect or consequential damages arising out of or in connection with the use of or performance of the LICENSED SOFTWARE, and the USER shall indemnify and hold harmless DTU for any alleged liability. DTU makes no representations or warranties, expressly or impliedly. By way of example but not of limitation, DTU makes no representations or warranties of merchantability of fitness for any particular purpose, or that use of the LICENSED SOFTWARE will not infringe of any patent, copyright or trademark. DTU will not be responsible for the correcting of any bugs or deficiencies found by USER. However, DTU may, at its own discretion, provide to USER updated copies of the software for a nominal copying charge. Such updated copies shall be restricted to fixes of bugs or deficiencies in the software. Major new releases of the software containing substantial increased functionality are not covered by this paragraph, and may at DTU's option, be marketed as new products. The decision as to what constitutes a correction of a bug or deficiency, as opposed to increased functionality shall be the sole judgement of DTU.

TITLE AND WARRANTY. Title to and ownership of the LICENSED SOFTWARE shall at all times remain with DTU. The LICENSED SOFTWARE is provided to the USER CUSTOMER ‘as is' and without warranty. In no event shall DTU be liable for special, indirect or consequential damages arising out of or in connection with the use of or performance of the LICENSED SOFTWARE, and the USER customer shall indemnify and hold harmless DTU for any alleged liability. DTU makes no representations or warranties, expressly or impliedly. By way of example but not of limitation, DTU makes no representations or warranties of merchantability of fitness for any particular purpose, or that use of the LICENSED SOFTWARE will not infringe of any patent, copyright or trademark. DTU will not be responsible for the correcting of any bugs or deficiencies found by USERCUSTOMER. However, DTU may, at its own discretion, provide to USER CUSTOMER updated copies of the software for a nominal copying charge. Such updated copies shall be restricted to fixes of bugs or deficiencies in the software. Major new releases of the software containing substantial increased functionality are not covered by this paragraph, and may at DTU's option, be marketed as new products. The decision as to what constitutes a correction of a bug or deficiency, as opposed to increased functionality shall be the sole judgement of DTU.