Common use of Tularik Disclaimer Clause in Contracts

Tularik Disclaimer. THE TULARIK TECHNOLOGY, INCLUDING THE PROGRAM ASSAYS AND THE TULARIK SUBSTANCES, PROVIDED BY TULARIK HEREUNDER ARE PROVIDED "AS IS" AND TULARIK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICES, IN ALL CASES WITH RESPECT THERETO. Without limiting the generality of the foregoing, Tularik expressly does not warrant (i) the success of any study or test commenced pursuant to the Research Program, or (ii) the safety or usefulness for any purpose of Tularik Technology or the Program Know-How.

Tularik Disclaimer. EXCEPT AS OTHERWISE PROVIDED IN SECTION 10.1, THE TULARIK TECHNOLOGY, INCLUDING THE PROGRAM ASSAYS AND THE TULARIK SUBSTANCES, TECHNOLOGY PROVIDED BY TULARIK HEREUNDER ARE IS PROVIDED "AS IS" AND TULARIK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICES, IN ALL CASES WITH RESPECT THERETO. Without limiting the generality of the foregoing, Tularik expressly does not warrant (i) the success of any study or test commenced pursuant to the Research Program, Collaboration Program or (ii) the safety or usefulness for any purpose of Tularik Technology or the Program Know-HowTechnology.