Example (1): Warranty
Licensor declares that it is the proper and sole owner of the Patents and Trademarks licensed to Licensee hereunder and guarantees to diligently maintain the Patents and Trademarks. Licensor further declares that it is the absolute owner of Technical licensed to Licensee hereunder and It has not divulged or imparted the Technical or any part thereof, to any third party in the Exclusive Territory and Technical Information is free and clear of any and all lien, and demand. Licensor warrants that the Technical shall be sufficient for Licensee to obtain substantially the same results as are actually obtained by Licensor in the manufacture of the Licensed Products.
Example (2): Technical guarantee
Licensor shall guarantee only that its Know-How and other technical information furnished to Licensee will be in accordance with the specification employed In its own business and in no event shall be liable for any damages arising out of or resulting from anything furnished or made available hereunder or the use thereof and shall be fully indemnified or any claim or claims asserted by a third party or parties.
Example (3): Representations and warranties
(1) Licensor represents and warrants that it is the owner of Patent Rights and has the right to grant the rights and licenses described herein.
Licensor makes no other warranties, express or implied, regarding the subject matter of this agreement.
(2) Licensor makes no warranty with respect to the validity of Patent Rights. Licensee agrees that Licensor shall not be liable for any loss or damage incurred by Licensee or its customers as a result of any claim that Licensee’s operations using Patent Rights Infringes any patent or property right of any third party: nor shall any such claim against Licensee or its customers or any loss or damage resulting there from excuse the payment by Licensee of the full amount of all monies payable by Licensee to Licensor hereunder.
(3) Licensor, its affiliates, and their respective officers, agents or employees, shall not be liable for any loss, damage, Injury or other casualty of whatsoever kind, or by whomsoever caused (irrespective of negligence or fault, whether sole, concurrent, active, passive, comparative, strict, contractual or vicarious of Licensor), to the person or property of anyone, including Licensee or any of its customers, arising out of or resulting from Licensee’s or Its customers’ manufacture, use or sale of Licensed Product; Licensee agrees for Itself, Its customers, its successors and assigns, to Indemnify and hold harmless Licensor, Its affiliates, and their respective officers, agents and employees, from and against all claims, counterclaims, demands, liabilities, suits, actions, losses, costs and expenses (including all expenses and attorney’s fees Incurred or imposed on Licensor, its affiliates, and their respective officers, agents or employees, In connection therewith) for such loss, damage, Injury or other casualty.
Example (4): Warranty
Either party hereto makes no warranty that the manufacture, use and sale of the Product by the other party hereunder will not infringe on any patent owned by any third party, nor does warrant in any respect the quality, yield or cost of production in the other party’s use of its Patent, Technical, Program, Improvement, Background technical and/or Background Patent and it shall not be responsible for any damage, spoilage or personal Injury resulting from such use.
Example (5): Warranty (with limitation)
Licensor represents that to its knowledge at the date of execution of this Agreement the Product does not infringe on any patents of third parties. Licensor will hold Licensee harmless from any such claim for patent infringement from third parties provided that Licensee gives Licensor prompt written notice of any infringement claims. Licensor will at its expense defend such claim, with Licensee to render reasonable assistance. Licensor will pay and discharge seventy (70) percent of any such adjustment or award, that may be rendered against Licensee by a court of competent Jurisdiction which Licensor has accepted In its sole judgement as final and not appealable. Licensee will assume the obligation with respect to the remaining thirty (30) percent of any such adjustment or award, provided that the above provision shall be deemed to constitute Licensor’s entire obligation with respect to the consequences of any such infringement.
Example (6): Warranty (100% Warranty)
Licensor shall indemnify and hold harmless Licensee and its as- Signs and customers against all losses, expenses, claims and liability of any nature resulting from actual or alleged patent infringement, in any country, in the use or sale of the Product or any part thereof, furnished by Licensor hereunder (except only any part thereof designated by Licensee) or designated by Licensor. In case the use or sale of the Product or any part thereof is alleged to infringe any patent in any country, Licensor shall, at its expense, either.
(a) procure for Licensee and its assigns and customers the right to continue to sell and use the Product or part; or
(b) modify the Product or part so that it becomes non-infringing, provided that such modifications would not materially alter the Product; or
(c) accept return of the Product or part and refund the purchase price and the transportation costs thereof.
Example (7): No warranty
Licensor shall not warrant the patentability of Patent Application or the validity of the patent rights concerning Patent Application.