Warranties by Inspire. Inspire warrants that it has the right under the License Agreement to permit the ETF to use the Index and the Index Marks under this Agreement, and that to its actual knowledge, the ETF’s use of an Index and its related Index Marks in accordance with this Agreement shall not infringe on the intellectual property rights of any third party. Inspire further warrants that it has the authority to enter into this Agreement according to its terms and that its performance does not violate any laws, regulations or agreements applicable to it.
Warranties by Inspire. INSpire warrants and represents that: (a) it is the owner of the System and may lawfully grant the license to the System; (b) to INSpire's actual knowledge, the System nor the use thereof within the scope of the license, infringes or misappropriates a U.S. patent, trademark, copyright or trade secret of any person or entity who has not consented to the granting of the license; (c) for a period of one hundred eighty (180) days from the Signing Date, INSpire will correct each System Failure; (d) the System does not contain any virus, time bomb mechanism or other software or code that can disable or adversely affect the System or destroy any data or other software; and (e) the System is Year 2000 compliant per INSpire's Year 2000 policy statement.
