Common use of Warranties Exclusions Clause in Contracts

Warranties Exclusions. Each Party represents and warrants to the other that it has full and sufficient right and authority to enter into this MSA. Moloco’s warranties provided in this Section 5 are in lieu of all other warranties, express or implied, whether arising from law, custom or conduct, and the rights and remedies provided herein are exclusive and in lieu of any other remedies provided or implied, whether in an action for or arising out of breach of contract, tort, or any other cause of action. Company represents and warrants that: (i) the Work Product shall be an original work of Company and in performing the Services and furnishing the Work Product(s), Company shall not violate or infringe any patent, copyright, trade secret, or other proprietary right of any third party; (ii) Company has not transferred or assigned to any third party any proprietary rights in the Work Product; (iii) no portion of the Services or Work Product shall be subject to any lien, encumbrance, security interest, or other restriction of any nature; and (iv) Company has all rights necessary to grant to Moloco licenses to Company Retained Intellectual Property. Company further represents and warrants that: (a) it has the full right, power and authority to enter into this MSA and perform the Services and its other obligations hereunder; (b) its execution of this MSA and its performance of the Services shall not result in a breach of or default under any other agreement to which Company is a party; (c) it shall not, during the term of this MSA, accept any work or enter into any agreement or obligation inconsistent or incompatible with Company’s obligations under this MSA; (d) the Work Product(s) shall be fit and sufficient for the purpose(s) for which they were intended as were expressly made known to Company or could reasonably have been inferred by it; and (e) it shall remain in full compliance with all applicable laws, regulations and permit requirements, including but not limited to labor, safety and environmental laws.