OR ANY
IMPLIED WARRANTY ARISING FROM
STATUTE, COURSE OF DEALING, COURSE
OF PERFORMANCE, OR USAGE OF TRADE.
WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING: (a) LICENSOR DOES NOT
REPRESENT OR WARRANT THAT THE DATA
OR ACCESS TO IT WILL BE UNINTERRUPTED
OR ERROR-FREE; AND (b) LICENSOR HAS
NO OBLIGATION TO INDEMNIFY RECIPIENT
AGAINST ANY CLAIM ARISING OUT OF
OR RELATED TO THE DATA, INCLUDING
WITHOUT LIMITATION CLAIMS OF
INTELLECTUAL PROPERTY INFRINGEMENT
OR VIOLATION OF PRIVACY RIGHTS.H
License Rights Warranties from the Licensar:
In some cases, the licensor does warrant IP and
privacy rights related to the data. It could war-
rant that it has all the rights necessary to license
the data to the recipientia typical warranty for
software and "little data" licenses. But licensors
should keep in mind how hard it is to know if
every consumer and company contributing infor-
mation to big data actually agreed. The licen-
sor might instead offer more limited reps and
warranties. "Licensor warrants that it has made
reasonable efforts to secure the authority neces-
sary to grant Recipient the rights set forth in this
Agreement, without the further consent of any
third party, and that it does not know of any third
party right or claim that would interfere with
such rights."
Other Warranties from the Licensor: Licensors
offer a variety of other warranties. For instance:
"Licensor represean and warrants that: (a) it has
exercised reasonable efforts to ensure that the
Data is accurate; (b) it is not aware of any com-
puter vinrs or other malicious code in the Data;
and (c) it has not taken any action intended to ren-
der the Data or results derived from it unreliable."
The recipient should think through why it's licens-
ing the data from this licensor, and craft licensor
warranties to fit those reasons, if possible.
Warranties fi‘om the Recipient: Recipients often
provide no warranties. Their obligations come
from promises regarding data use, security, etc.,
but without the higher level of liability imposed
by a warranty. But some customers insist that
certain recipient obligations come in the form of a
warranty. For instance, “Recipient represents that