5. Limited Warranty/Hold Harmless
5.1 The PARTIES acknowledge that the IP & Technology and Improvements are experimental in nature and may have hazardous properties. The PARTIES make no representations and extend no warranties of any kind, either expressed or implied. There are no expressed or implied warranties of merchantability or fitness for a particular purpose. The PARTIES do not warrant that the IP & Technology or Improvements do not infringe any patent, copyright, trademark, or other proprietary right.
5.2 Each PARTY to this Agreement will bear all risk to itself and to others resulting from its own gross negligence or wrongful act or omission during or after the term of this Agreement, its own breach of this Agreement, or its own use, commercialization, or sublicensing of IP & Technology or Improvements or Technology Data or any product made thereby.
Each PARTY hereunder will hold, for all claims, suits, losses, liabilities, damages, costs, fees, and expenses resulting from its gross negligence or wrongful act or omission during or after the term of this Agreement, breach of this Agreement, or use, commercialization, or sublicensing of IP & Technology or Improvements or any product made thereby, the other PARTY harmless, and will also hold harmless any parties from which said other PARTY obtained the IP & Technology or Improvement or Technology Data.
5.3 CAMBIA shall ensure by appropriate written agreement with other BiOS Licensees receiving any Improvement and/or related material, that said BiOS Licensee agrees to the same risk-bearing and hold-harmless obligations for said BiOS Licensees’ use of said Improvement and related material with regard to BiOS LICENSEE as accepted by CAMBIA under Article 5.1 and 5.2 above.
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