key: mediatek-no-warranty
short_name: MediaTek No Warranty Clause
name: MediaTek No Warranty Clause
category: Proprietary Free
owner: MediaTek
homepage_url: https://github.com/sandymanu/CM11_a250_kernel/blob/master/kernel/mediatek/platform/mt6589/hardware/camera/acdk/src/acdk/AcdkMain.cpp#L36
spdx_license_key: LicenseRef-scancode-mediatek-no-warranty
text: |
  No Warranty
  Except as may be otherwise agreed to in writing, no warranties of any
  kind, whether express or implied, are given by MTK with respect to any MTK
  Deliverables or any use thereof, and MTK Deliverables are provided on an
  "AS IS" basis.  MTK hereby expressly disclaims all such warranties,
  including any implied warranties of merchantability, non-infringement and
  fitness for a particular purpose and any warranties arising out of course
  of performance, course of dealing or usage of trade.  Parties further
  acknowledge that Company may, either presently and/or in the future,
  instruct MTK to assist it in the development and the implementation, in
  accordance with Company's designs, of certain softwares relating to
  Company's product(s) (the "Services").  Except as may be otherwise agreed
  to in writing, no warranties of any kind, whether express or implied, are
  given by MTK with respect to the Services provided, and the Services are
  provided on an "AS IS" basis.  Company further acknowledges that the
  Services may contain errors, that testing is important and Company is
  solely responsible for fully testing the Services and/or derivatives
  thereof before they are used, sublicensed or distributed.  Should there be
  any third party action brought against MTK, arising out of or relating to
  the Services, Company agree to fully indemnify and hold MTK harmless.
  If the parties mutually agree to enter into or continue a business
  relationship or other arrangement, the terms and conditions set forth
  hereunder shall remain effective and, unless explicitly stated otherwise,
  shall prevail in the event of a conflict in the terms in any agreements
  entered into between the parties.