Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 3 - INTELLECTUAL PROPERTY › Section 813-003-0031 - Warranties; Limitation of Liability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department shall make no warranty of
			 any kind, express or implied, with respect to any Intellectual Property --
			 including, but not limited to any warranties of merchantability and fitness for
			 a particular purpose. Any provision in a Licensing Agreement or any other
			 document, or in any statement by an employee or other agent of the Department,
			 purporting to convey any such warranties from the Department is, and shall be
			 deemed, void as an ultra vires act, being made without authority and in
			 contravention of these rules.
(2)
			 The Department's liability arising out of or based upon the licensing, sharing
			 or otherwise provided use of Intellectual Property, regardless of the form in
			 which any legal or equitable action may be brought, including without
			 limitation any action in tort, contract, or pursuant to statute, shall not
			 exceed any fee paid to the Department for the licensing, sharing or use of the
			 Intellectual Property.
(3) The
			 department shall have no liability for indirect, incidental, consequential,
			 special or punitive damages, lost profits, or loss of goodwill (even if it has
			 been advised of the possibility of such damages), arising out of or relating to
			 the licensing, sharing, other use of its intellectual property, including
			 without limitation such matters as interruptions, delays, loss of data, loss of
			 profit, interruption of service, loss of business or anticipatory profits. The
			 foregoing warranty and limitations are in lieu of all other warranties, express
			 or implied, including without limitation the implied warranties of
			 merchantability and fitness for a particular purpose. Any provision in any
			 licensing agreement or other document, or any statement by an employee or other
			 agent of the department purporting to establish any such liability is, and
			 shall be deemed, void as an ultra vires act, being made without authority and
			 in contravention of these rules.
(4) Any Person who licenses, shares or
			 otherwise uses Intellectual Property from the Department, in doing so, agrees
			 to defend, indemnify and hold harmless the Department (consistent with ORS
			 chapter 180) from and against any and all claims, demands, causes of action and
			 liabilities with respect to such license, sharing or other use of the
			 Intellectual Property and/OR any related training or other assistance from the
			 Department with respect to the Intellectual Property.
(5) Any Licensing Agreement or other document
			 providing for the licensing, sharing or other use by a Person of Department
			 Intellectual Property or for training and/or other technical assistance
			 relating to such Intellectual Property, in order to be valid and enforceable
			 against the Department, shall contain language substantially similar to that
			 contained in subparagraphs (1) through (4) of this Section.
Stat. Auth.: ORS 183,
				  456.555
Stats. Implemented: ORS
				  291.055,
				  456.562