Warranties In A License Agreement
Tags: contract, contract law, contracts, contracts 101, copyright license, IP license, IP license, licenses, online contracts, patent licenses, patent licenses, software contracts When digital information is provided on physical media such as CD-ROM, DVD or digital tape, the licensee should guarantee that the medium is free of defects for a reasonable time. In addition, the agreement should include compensation under which each party agrees to pay all damages and costs of litigation related to a breach of its guarantees. Most agreements contain positive obligations that are mutually dueed to each other in certain sections that define each party`s respective performance obligations. However, in the event of misrepresentation (or misrepresentation), the deluded party can cancel the entire contract and recover the sums paid. In the event of a breach of warranty, refundable damages are the difference between the guaranteed value (as it should have been) and the value received. This is because the „representations” should be statements made by a party after the investigation and satisfied that such statements are true and „guarantees” made by a party when it is prepared to assume financial responsibility if the statement proves to be false, regardless of whether or not it is being examined. The buyer and all those who use a product or solution of ADInstruments agree to use it appropriately for purposes for which it is appropriate and accept responsibility for their actions and the results of their actions. In the event of a problem with an ADInstruments product, ADInstruments will make every reasonable effort to remedy it. This service may be subject to a levy depending on the nature of the problems and is subject to the other conditions set out in this contract. ADInstruments does not provide a separate guarantee for the performance of products, devices or software manufactured by third parties that can be made available to the buyer as part of a comprehensive solution. However, as shown below, ADInstruments will provide the buyer with all applicable third-party guarantees, as far as it allows.
10.2 Third-party software. Some third-party software may be provided with the product in relation to the product licensed by their respective owners.