Common use of DISCLAIMER AND RELEASE Clause in Contracts

DISCLAIMER AND RELEASE. The warranty and the remedies of Licensee set forth in this section 5 are exclusive. SimplaGene does not make or grant, and Licensee hereby waives, releases, and disclaims, all other warranties, obligations and liabilities of SimplaGene, and all other remedies, rights and claims of Licensee, express or implied, arising by law or otherwise, with respect to the product, documentation, services or otherwise arising under this Agreement, including, but not limited to: (a) any implied warranty of merchantability, fitness for a particular purpose, or non-infringement; (b) any implied warranty arising from course of performance, course of dealing or usage of trade; (c) any obligation, liability, right, remedy, or claim in tort, notwithstanding any fault, negligence, strict liability or product liability of SimplaGene (whether active, passive or imputed); and (d) any obligation, liability, remedy, right or claim for infringement.