Master Alliance Provisions Guide (MAPGuide)

NIH – MPP (C-TAP), COVID-19 Technologies, Patent and Biological Material License Agreement

  • Liability | Representations & warranties

12. Negation Of Warranties And Indemnification

12.1 IC offers no warranties other than those specified in Article 1.

12.2 IC does not warrant the validity of the Licensed Patent Rights and makes no representations whatsoever with regard to the scope of the Licensed Patent Rights, or that the Licensed Patent Rights may be exploited without infringing other patents or other intellectual property rights of third parties.

12.3 IC MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SUBJECT MATTER DEFINED BY THE CLAIMS OF THE LICENSED PATENT RIGHTS, THE LICENSED MATERIALS OR TANGIBLE MATERIALS RELATED THERETO.

12.4 IC MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, THAT THE LICENSED PRODUCTS MAY BE EXPLOITED WITHOUT INFRINGING THE PATENT RIGHTS OF ANY THIRD PARTIES. THE LICENSEE ACCEPTS LICENSED PATENT RIGHTS AND LICENSED MATERIALS FOR THE LICENSED PRODUCTS “AS IS”, AND THE NIH DOES NOT OFFER ANY GUARANTEE OF ANY KIND.

12.5 IC does not represent that it shall commence legal actions against third parties infringing the Licensed Patent Rights.

Appendix A – Patent(S), Patent Application(S) And Licensed Materials

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Note: Specific National Stage filings are yet to be determined. IC represents that for any PCT applications that have not yet entered national phase, with the possible exception of India, it will not file patent applications in Low– Income Economy Countries or Lower–Middle Income Economy Countries as determined by the World Bank