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.