Glossary

Disclaimer

Last updated 28 June 2007

Description

A disclaimer is generally any statement intended to specify or delimit the scope of rights and obligations that may be exercised and enforced by parties in a legally-recognized relationship. In contrast to other terms for legally operative language, the term "disclaimer" usually implies situations that involve some level of uncertainty, waiver, or risk.

Examples

Clause:

6.6 Disclaimer.

6.6.1 The foregoing warranties are the sole and exclusive warranties given by Access with respect to the products and services provided hereunder, and Access gives and makes no representations or warranties of any kind, express or implied, other than the foregoing. Without limiting the generality of the foregoing, except for the warranties expressly provided in section 6, no implied warranty of merchantability, validity, non-infringement, title, fitness for any particular purpose, and no implied warranty arising by usage of trade, course of dealing or course of performance is given or made by Access or shall arise by or in connection with any sale of provision of products or services by Access, or Wyeth's use of sale of the product, or Access's and/or Wyeth's conduct in relation thereto or to each other. No representative of access is authorised to give or make any other representation or warrenty or to modify the foregoing warranty in any way.

6.6.2 Except for the warranties given by Wyeth as expressly provided in section 6, Wyeth gives and makes no representations or warranties of any kind or nature, express or implied, with respect to the matters addressed in this agreement.

-- License and Supply agreement between Access and Wyeth, January 2004