Common use of CCH’s General Warranties Clause in Contracts

CCH’s General Warranties. CCH represents and warrants that: (a) it has title to the Software or the right to grant Customer the rights granted hereunder; (b) the Software does not violate any third party’s United States patent, copyright or trade secret rights; and (c) CCH has not inserted any virus or similar device to erase data. Customer’s sole and exclusive recourse and remedy – and CCH’s sole, exclusive and entire liability – for a breach of items (a) and (b) by CCH shall be the exercise of its indemnity rights under subsection 8.2 below. For a breach of item (c) Customer’s sole and exclusive recourse and remedy – and CCH’s sole, exclusive and entire liability – shall be to terminate the Agreement and obtain a refund of the Fees paid for the directly affected Software less an allocation for use made by Customer prior to the breach.

Appears in 6 contracts

Samples: www.wolterskluwer.com, CCH Prosystem Fx Master Agreement, CCH Prosystem Fx Master Agreement

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CCH’s General Warranties. CCH represents and warrants that: (ai) it has title to the Software Application or the right to grant Customer the rights granted hereunder; (bii) the Software Application does not violate any third party’s United States patent, copyright or trade secret rights; and (ciii) CCH has not inserted any virus or similar device to erase data. Customer’s sole and exclusive recourse and remedy – remedy, and CCH’s sole, exclusive and entire liability – liability, for a breach of items (ai) and (bii) by CCH shall be the exercise of its Customer’s indemnity rights under subsection 8.2 below. For a breach of item (ciii) Customer’s sole and exclusive recourse and remedy – and CCH’s sole, exclusive and entire liability – shall be to terminate the Agreement and obtain a refund of the Fees paid for the directly affected Software Application less an allocation for use made by Customer prior to the breach.

Appears in 4 contracts

Samples: CCH Axcess Master Agreement, CCH Axcess Master Agreement, CCH Axcess Master Agreement

CCH’s General Warranties. CCH represents and warrants that: (ai) it has title to the Software Application or the right to grant Customer the rights granted hereunder; (bii) the Software Application does not violate any third third-party’s United States patent, copyright or trade secret rights; and (ciii) CCH has not inserted any virus or similar device to erase data. Customer’s sole and exclusive recourse and remedy – remedy, and CCH’s sole, exclusive and entire liability – liability, for a breach of items (ai) and (bii) by CCH shall be the exercise of its Customer’s indemnity rights under subsection 8.2 below. For a breach of item (ciii) Customer’s sole and exclusive recourse and remedy – and CCH’s sole, exclusive and entire liability – shall be to terminate the Agreement and obtain a refund of the Fees paid for the directly affected Software Application less an allocation for use made by Customer prior to the breach.

Appears in 3 contracts

Samples: Axcess Master Agreement, CCH Axcess Master Agreement, CCH Axcess Master Agreement

CCH’s General Warranties. CCH represents and warrants that: (a) it has title to the Software or the right to grant Customer the rights granted hereunder; (b) the Software does not violate any third third-party’s United States patent, copyright or trade secret rights; and (c) CCH has not inserted any virus or similar device to erase data. Customer’s sole and exclusive recourse and remedy – and CCH’s sole, exclusive and entire liability – for a breach of items (a) and (b) by CCH shall be the exercise of its indemnity rights under subsection 8.2 below. For a breach of item (c) Customer’s sole and exclusive recourse and remedy – and CCH’s sole, exclusive and entire liability – shall be to terminate the Agreement and obtain a refund of the Fees paid for the directly affected Software less an allocation for use made by Customer prior to the breach.

Appears in 2 contracts

Samples: CCH Prosystem Fx Master Agreement, CCH Prosystem Fx Master Agreement

CCH’s General Warranties. CCH represents and warrants that: (ai) it has title to the Software Application or the right to grant Customer the rights granted hereunder; (bii) the Software Application does not violate any third party’s United States patent, copyright or trade secret rights; and (ciii) CCH has not knowingly inserted any virus or similar device to erase data. Customer’s sole and exclusive recourse and remedy – remedy, and CCH’s sole, exclusive and entire liability – liability, for a breach of items (ai) and (bii) by CCH shall be the exercise of its Customer’s indemnity rights under subsection 8.2 below. For a breach of item (ciii) Customer’s sole and exclusive recourse and remedy – and CCH’s sole, exclusive and entire liability – shall be to terminate the Agreement and obtain a refund of the Fees paid for the directly affected Software Application less an allocation for use made by Customer prior to the breach.

Appears in 1 contract

Samples: Services Agreement

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CCH’s General Warranties. CCH represents and warrants that: (a) it has title to the Software or the right to grant Customer the rights granted hereunder; (b) the Software does and Deliverables do not violate any third party’s United States patent, copyright or trade secret rights; and (c) CCH has not knowingly inserted any virus or similar device to erase data. Customer’s sole and exclusive recourse and remedy – and CCH’s sole, exclusive and entire liability – for a breach of items (a) and (b) by CCH shall be the exercise of its indemnity rights under subsection 8.2 below. For a breach of item (c) Customer’s sole and exclusive recourse and remedy – and CCH’s sole, exclusive and entire liability – shall be to terminate the Agreement and obtain a refund of the Fees paid for the directly affected Software less an allocation for use made by Customer prior to the breach.

Appears in 1 contract

Samples: License Agreement

CCH’s General Warranties. CCH represents and warrants that: (a) it has title to the Software Tools or the right to grant Customer the rights granted hereunder; (b) the Software Tools does not violate any third party’s United States patent, copyright or trade secret rights; and (c) CCH has not inserted any virus or similar device to erase data. Customer’s sole and exclusive recourse and remedy – and CCH’s sole, exclusive and entire liability – for a breach of items (a) and (b) by CCH shall be the exercise of its indemnity rights under subsection 8.2 below. For a breach of item (c) Customer’s sole and exclusive recourse and remedy – and CCH’s sole, exclusive and entire liability – shall be to terminate the Agreement and obtain a refund of the Fees paid for the directly affected Software Tools less an allocation for use made by Customer prior to the breach.

Appears in 1 contract

Samples: CCH Tax Software Master Agreement

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