WARRANTY; WARRANTY DISCLAIMER. ATCC warrants that (a) cells and microorganisms included in the ATCC Material shall be viable upon initiation of culture for a period of thirty (30) days after shipment thereof from ATCC and (b) any ATCC Material other than cells and microorganisms shall meet the specifications on the applicable ATCC Material product information sheet, certificate of analysis, and/or catalog description until the expiration date on the applicable ATCC Material’s product label (such thirty (30) day period, or period until the expiration date, referred to herein as the “Warranty Period”). Purchaser’s exclusive remedy, and ATCC’s sole liability, for breach of the warranties set forth in this paragraph is for ATCC to, at ATCC’s sole option, either (i) refund the fee paid to ATCC for such ATCC Material (exclusive of shipping and handling charges), or (ii) replace the ATCC Material. The warranties set forth in this paragraph apply only if Purchaser handles and stores the ATCC Material as described in the applicable ATCC Material product information sheet. To obtain the exclusive remedy, Purchaser must report the lack of viability or non-conformation to specifications to ATCC’s Technical Service Department within the applicable Warranty Period. Any expiration date specified on the ATCC Material shipment documentation states the expected remaining useful life, but does not constitute a warranty or extend any applicable Warranty Period. Except as expressly provided above, the ATCC Material and any technical information and assistance provided by ATCC are provided as-is, without warranties of any kind, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, typicality, safety, accuracy and/or non-infringement. Compliance with Laws Purchaser is solely responsible for, and shall ensure, compliance with all foreign and domestic, federal, state and local statutes, ordinances and regulations applicable to use of the Biological Material by Purchaser or its Transferees. Purchaser is solely responsible for obtaining all permits, licenses or other approvals required by any governmental authority in connection with Purchaser’s and its Transferees’ receipt, handling, storage, disposal, transfer and use of the Biological Materials. Without limiting the generality of the foregoing, any shipment of Biological Materials to countries outside the United States must comply with all applicable foreign and U.S. laws, including the U....
WARRANTY; WARRANTY DISCLAIMER. ATCC warrants that cells and microorganisms, excluding inactivated organisms, shall be viable upon shipment from ATCC for a period of thirty (30) days (”WARRANTY PERIOD”). ATCC warrants that MATERIAL shall meet the specifications on the certificate of analysis. The exclusive remedy for breach of this warranty is, at ATCC’s option, replacement of MATERIAL. The exclusive remedy applies under the condition that RECIPIENT handles and stores MATERIAL as described in any accompanying documentation. To obtain the exclusive remedy, RECIPIENT must report the lack of viability to BEI Resources’ Technical Service Department within the WARRANTY PERIOD. Any expiration date specified on shipment documentation for MATERIAL states the expected remaining useful life, but does not constitute a warranty or extend any applicable warranty period. EXCEPT AS EXPRESSLY PROVIDED ABOVE, MATERIAL AND ANY TECHNICAL INFORMATION AND ASSISTANCE PROVIDED BY ATCC ARE PROVIDED “AS IS”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TYPICALITY, SAFETY, ACCURACY AND NON-INFRINGEMENT.
WARRANTY; WARRANTY DISCLAIMER. UNIVERSITY warrants that it has good ----------------------------- and marketable title to its interest in the inventions claimed under UNIVERSITY Patent Rights and Curved Field Reflectron Patent Rights with the exception of certain retained rights of the United States government. UNIVERSITY does not warrant the validity of any patents or that practice under such patents shall be free of infringement. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH 2, LICENSEE, AFFILIATED COMPANIES AND SUBLICENSEES AGREE THAT THE PATENT RIGHTS ARE PROVIDED "AS IS", AND THAT UNIVERSITY MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE PERFORMANCE OF LICENSED PRODUCT(S) AND LICENSED SERVICES INCLUDING THEIR SAFETY, EFFECTIVENESS, OR COMMERCIAL VIABILITY. UNIVERSITY DISCLAIMS ALL WARRANTIES WITH REGARD TO PRODUCT(S) AND SERVICES LICENSED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, UNIVERSITY ADDITIONALLY DISCLAIMS ALL OBLIGATIONS AND LIABILITIES ON THE PART OF UNIVERSITY AND INVENTORS, FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, AND CONSEQUENTIAL DAMAGES, ATTORNEYS' AND EXPERTS' AND COURT COSTS (EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FEES OR COSTS), ARISING OUT OF OR IN CONNECTION WITH THE MANUFACTURE, USE, OR SALE OF THE PRODUCT(S) AND SERVICES LICENSED UNDER THIS AGREEMENT. LICENSEE, ITS AFFILIATES, AND ITS SUBLICENSEES ASSUME ALL RESPONSIBILITY AND LIABILITY FOR LOSS OR DAMAGE CAUSED BY A PRODUCT AND SERVICE MANUFACTURED, USED OR SOLD BY LICENSEE, ITS SUBLICENSEES AND AFFILIATES WHICH IS A LICENSED PRODUCT OR LICENSED SERVICE AS DEFINED IN THIS AGREEMENT.
WARRANTY; WARRANTY DISCLAIMER. 10.1 Fermic warrants that all Raw Materials and Product (Fermentation Product and Separation Product) shall meet the applicable specifications attached to this Agreement. Fermic warrants that Raw Materials and Product (Fermentation Product and Separation Product) will at all times be free and clear of any liens.
WARRANTY; WARRANTY DISCLAIMER. 10.1 Customer represents and warrants to Service Provider that: (a) Customer is the legal custodian of the Customer Data and it has the right and authority to use the Hosted Solution in connection with all Customer Data and other materials hereunder; (b) Customer will use reasonable efforts to ensure that any Customer Data submitted to Service Provider via electronic media will be free of viruses; and (c) anyone submitting Customer Data to Service Provider for use in connection with the Hosted Solution or Technical Services has the legal authority to do so, either through ownership of the Customer Data or by obtaining appropriate authorizations therefor, and that submission of Customer Data does not violate any contracts, agreements, or any applicable law. Customer is responsible for all Customer Data that is submitted to Service Provider for use in connection with the Hosted Solution or Technical Services.
WARRANTY; WARRANTY DISCLAIMER. Any expiration date specified on shipment documentation for MATERIAL and PIP BIOLOGICAL MATERIAL states the expected remaining useful life, but does not constitute a warranty or extend any applicable warranty period. MATERIAL and PIP BIOLOGICAL MATERIAL and any technical information and assistance provided by ATCC® are provided “as is”, without warranties of any kind, express or implied, including, but not limited to any implied warranties of merchantability, fitness for a particular purpose, typicality, safety, accuracy and non-infringement.
WARRANTY; WARRANTY DISCLAIMER. CDS WARRANTS THAT IT HAS THE RIGHT TO LICENSE THE DATA. NEITHER CDS NOR ANY AFFILIATE OF CDS MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO RESULTS TO BE OBTAINED BY ANY PERSON OR ENTITY FROM THE USE OF THE DATA. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, NEITHER CDS NOR ANY AFFILIATE OF CDS MAKES ANY WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO SUCH DATA.
WARRANTY; WARRANTY DISCLAIMER. 7.1 GENIE PROVIDES THE SERVICE ON AN "AS IS'' BASIS. GENIE DOES NOT MAKE ANY WARRANTIES REGARDING THE PERFORMANCE OF THE SERVICE OR UPTIME OF THE SERVICE, OR THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED OR ERROR FREE, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. GENIE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GENIE HAS NO RESPONSIBILITY FOR LOSS OF YOUR DATA OR INABILITY TO USE THE SERVICE FOR ANY REASONS, INCLUDING, WITHOUT LIMITATION, IF DUE TO THE ACTS OR OMISSIONS OF ITS THIRD PARTY HOSTING PROVIDERS.
WARRANTY; WARRANTY DISCLAIMER. 5.1 Customer and/or Third Party Acts Blue Box Host is not responsible in any manner for any non-confirming Services to the extent caused by you or your customers. In addition, Blue Box Host is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond Blue Box Host’s reasonable control.
WARRANTY; WARRANTY DISCLAIMER. 5.1. Customer and/or Third Party Acts Local Value is not responsible in any manner for any non‐confirming Services to the extent caused by you or your customers. In addition, Local Value is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond Local Value 's reasonable control.
