Section

Warranties and liability

14 clauses

Are the undertakings and warranties in lieu of all other warranties?

1 clause

Clause summary and text	Used	Favoured party	Author	Governing law	Source
The parties disclaim all implied warranties 1.1.The express undertakings and warranties given by the parties in this Assignment are in lieu of all other warranties, conditions, terms, undertakings and obligations, whether express or implied by statute, common law, custom, trade usage, course of dealing or in any other way. All of these are excluded to the fullest extent permitted by law.	1	Neutral	Genie Team	England and Wales	User uploaded

See all clauses

Does anything in the assignment limit or exclude either party's liability?

1 clause

Clause summary and text	Used	Favoured party	Author	Governing law	Source
Liability for death or personal injury, fraud, and losses caused by deliberate breaches are not limited or excluded 1.1.Nothing in this Assignment limits or excludes either party's liability for: 1.2.death or personal injury; 1.3.any fraud or for any sort of liability that, by law, cannot be limited or excluded; or 1.4.any loss or damage caused by a deliberate breach of this Assignment or a breach of confidence.	1	Neutral	Genie Team	England and Wales	User uploaded

See all clauses

Does either party accept responsibility for use made by the other party of the patent?

2 clauses

Clause summary and text	Used	Favoured party	Author	Governing law	Source
We compensate them 1.1.We indemnify the other party for direct business losses arising from fraud in our company.	0	Neutral	Genie Team	England and Wales	User uploaded
No responsibility for use 1.1.Except under[ the warranty in clause 3.1 and ]the indemnity in clause 3.6, and subject to clause 3.9, neither party accepts any responsibility for any use which may be made by the other party of the Patent, nor for any reliance which may be placed by that other party on the Patent, nor for advice or information given in connection with the Patent.	0	Neutral	Genie Team	England and Wales	User uploaded

See all clauses

Has either party relied on a warranty not set out in this agreement?

1 clause

Clause summary and text	Used	Favoured party	Author	Governing law	Source
The parties agree that they only rely on the warranties expressly set out in this agreement and waive any other claims 1.1.Each of the parties acknowledges that, in entering into this Agreement, it has not relied on any warranty, representation or undertaking except those expressly set out in this Agreement and each party waives any claim for breach of any representation (unless made fraudulently) which is not specifically contained in this Agreement as a warranty.	0	Neutral	Genie Team	England and Wales	User uploaded

See all clauses

Is the assignment made with full title guarantee?

3 clauses

Clause summary and text	Used	Favoured party	Author	Governing law	Source
Matt's assets go to Dave 1.1.The assets owned by matt will be assigned to dave	0	Neutral	Genie Team	England and Wales	User uploaded
Dave's assets go to Bob 1.1.The assets owned by dave will be assigned to bob	0	Neutral	Genie Team	England and Wales	User uploaded
The assignment is made with full title guarantee 1.1.The assignment in clause 1.1 is made with full title guarantee	0	Neutral	Genie Team	England and Wales	User uploaded

See all clauses

To what extent will the indemnity in this clause apply?

1 clause

Clause summary and text	Used	Favoured party	Author	Governing law	Source
Indemnity not given for: -negligence -deliberate breach of agreement -breach of confidence 1.1.The indemnity in this clause will not apply to the extent that the claim arises as a result of the Indemnified Party's negligence, the deliberate breach of any agreement between the University and the Assignee, or any breach of confidence.	0	Neutral	Genie Team	England and Wales	User uploaded

See all clauses

What does the university not give warranty to?

1 clause

Clause summary and text	Used	Favoured party	Author	Governing law	Source
The University does not give any warranty, representation or undertaking 1.1.[Subject to the warranty in clause 3.1, the][The] University, the University does not give any warranty, representation or undertaking: 1.2.as to the efficacy or usefulness of the Patent; or 1.3.that the Patent is or will be valid or subsisting or (in the case of an application) will proceed to grant; or 1.4.that the use of the Patent, the manufacture, sale or use of any product that is within any claim of the Patent will not infringe any intellectual property or other rights of any other person; or 1.5.that any information communicated by the University to the Licensee under or in connection with the Patent will produce products of satisfactory quality or fit for the purpose for which the Licensee intended; or 1.6.as imposing any obligation on the University to bring or prosecute actions or proceedings against third parties for infringement or to defend any action or proceedings for revocation of the Patent; or 1.7.as imposing any liability on the University in the event that any third party supplies products within any claim of the Patent to customers located in the territory of the Patent.	0	Neutral	Genie Team	England and Wales	User uploaded

See all clauses

What does the university warrant?

1 clause

Clause summary and text	Used	Favoured party	Author	Governing law	Source
University owns patent 1.1.[The University warrants as follows: 1.2.as between it and its employees and students, it is the absolute and unencumbered owner of the Patent and has caused its employees and students to execute such assignments of the Patent as may be necessary; 1.3.it is not aware that any third party owns or claims any rights in the Patent; 1.4.it is not aware (but without having carried out any investigation) that any third party owns or claims any rights which would be infringed by use of the Patent.]	0	Neutral	Genie Team	England and Wales	User uploaded

See all clauses

What is the aggregate liability of each party?

1 clause

Clause summary and text	Used	Favoured party	Author	Governing law	Source
Liability is limited 1.1.Subject to clause 3.9, and except under the indemnity in clause 3.6, the aggregate liability of each party to the other for all and any breaches of this Assignment, any negligence or arising in any other way out of the subject matter of this Assignment, will not exceed in total [insert amount].	2	Neutral	Genie Team	England and Wales	User uploaded

See all clauses

Who is responsible for the design and construction of products under the patent?

1 clause

Clause summary and text	Used	Favoured party	Author	Governing law	Source
The University is not responsible for any products made under the Patent 1.1.The Licensee is responsible for the design and construction of products under the Patent and the University has no responsibility or liability in that respect.	0	Neutral	Genie Team	England and Wales	User uploaded

See all clauses

Loading more