WARRANTY INFORMATION
LIMITED WARRANTY AND EXCLUSION OF WARRANTIES
All Rawlings’ Products are subject to careful quality control throughout manufacturing and servicing, and such Products are warranted to be of merchantable quality only for use under reasonably foreseeable legal or regulated conditions, for a period of one (1) year, provided, however, that specific Products may be identified to have a different warranty period. Published material and information concerning Rawlings Products are based upon information, which Rawlings believes to be reliable, but such material and information does not constitute any warranty whatsoever. Rawlings cannot anticipate the variety of possible uses of its products and makes no warranty for use of its Products for any particular purposes. Rawlings shall not be liable for any punitive damages in excess of the invoice price for the product, nor for any incidental, special, commercial, or consequential damages. This paragraph is made expressly in lieu of all warranties, unless a specific Product is identified to have a different warranty period.
NO EXPRESS WARRANTIES AND NO IMPLIED WARRANTIES (WHETHER OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSES OR OTHERWISE) EXCEPT AS SET FORTH ABOVE SHALL APPLY TO PRODUCTS SOLD BY RAWLINGS. RAWLINGS SPECIFICALLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES OF ANY KIND OR CHARACTER. NO WAIVER, ALTERATION, ADDITION OR MODIFICATION OF THE FOREGOING CONDITIONS SHALL BE VALID UNLESS MADE IN WRITING AND SIGNED BY AN EXECUTIVE OFFICER OF RAWLINGS.
INTELLECTUAL PROPERTY GRANT AND WARRANTY
For any Products that require Rawlings to use Purchaser’s Marks (as defined herein), the Purchaser grants to Rawlings a limited exclusive, license to use the Purchaser’s trademarks, trade names, copyrights, logos and other intellectual property (the “Marks”) to the extent necessary to manufacture, distribute, market, promote and/or sell certain Products per these Terms and Conditions. The Purchaser warrants that it is the owner of such marks; trade dress and/or logos licensed hereunder and agrees to indemnify Rawlings for any claims of infringement related to Rawlings use of such marks, trade dress or logos pursuant to this Agreement.