Licensee Remedies. LICENSEE’S REMEDIES SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID TO JUSTICE WORKS BY OR ON BEHALF OF LICENSEE FOR LICENSING THE LICENSED SOFTWARE IN THE 12 MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE. JUSTICE WORKS IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF JUSTICE WORKS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MODIFICATIONS MADE TO THE LICENSED SOFTWARE BY LICENSEE OR ANY THIRD PARTY VOIDS ANY REMAINING EXPRESS OR IMPLIED WARRANTIES.
Licensee Remedies. Licensor's entire liability and Licensee's exclusive remedy shall be, at Licensor's option, either (a) return of the price paid or (b) repair or replacement of the Software that does not meet Licensor's Limited Warranty. The Limited Warranty is void if failure of the Software has resolved from accident, abuse or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.
Licensee Remedies. If, as a result of the actions of PG&E, LICENSEE is denied access to a Signboard or the visibility of a Signboard is materially obstructed or PG&E unreasonably interferes with the rights granted to LICENSEE pursuant to this Agreement (each, an “Abatement Condition”), the Annual Fixed Fee for the applicable Site shall xxxxx, provided that the following additional conditions are satisfied in each instance:
Licensee Remedies. A. Licensee can seek monetary damages from Licensor for breach of this Agreement.
Licensee Remedies. In all cases which involve a failure of the Software to conform in any material respect to the documentation during the Warranty Period or a breach of a warranty, Hemisphere's sole obligation and liability, and Licensee's sole and exclusive remedy, is for Hemisphere, at Hemisphere's option, to (a) repair the Software, (b) replace the Software with software conforming to the documentation, or (c) if Hemisphere is unable, on a reasonable commercial basis, to repair the Software or to replace the Software with conforming software within ninety (90) days, to terminate this Agreement and thereafter Licensee shall cease using the Software. Hemisphere will also issue a refund for the price paid by Licensee less an amount on account of amortization, calculated on a straight-line basis over a deemed useful life of three (3) years. PRODUCT XXXX-08/2008
Licensee Remedies. Licensee may obtain a full refund if Subscription is cancelled within five (5) days of initial access granted by MCOL. Licensee may request a pro-rata refund for annual subscription fees paid in the event online access is discontinued by MCOL.
Licensee Remedies. In the event of a County default which remains uncured, Licensee shall have all remedies available to it under applicable law or in equity.
Licensee Remedies. Regarding any warranty for non-conformance, the entire liability of Cargill and its agents, suppliers, consultants, resellers and Customer's exclusive remedy shall be, at the option of Cargill, either (a) return of the price paid, or
Licensee Remedies. If any default by UNIVERSITY shall continue uncured, following notice of default where required herein, for the period applicable to the default alleged, LICENSEE may resort to any one or more of the following remedies:
Licensee Remedies. AUTONOMY'S ENTIRE LIABILITY, AND LICENSEE'S SOLE AND EXCLUSIVE REMEDY, UNDER ANY WARRANTY OR LEGAL THEORY SHALL BE LIMITED TO REPLACEMENT OF THE SOFT-XXXX OR RETURN OF THE PRICE PAID.
