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:
(i) LICENSEE shall have given PG&E written notice of the occurrence of the Abatement Condition, which notice shall designate the affected Site(s) and the cause or suspected cause of the Abatement Condition, if known to LICENSEE and (ii) the Abatement Condition in question shall continue for a period of not less than thirty (30) days after LICENSEE has given notice of the Abatement Condition to PG&E. If the foregoing conditions are fulfilled, the Annual Fixed Fee for the applicable Site shall xxxxx, effective as of the first day of the occurrence of the Abatement Condition, in proportion to the degree LICENSEE is unable to reasonably use, and in fact does not use, the Site for its intended purpose, retroactive to the date PG&E received notice of the Abatement Condition and continuing until the Abatement Condition has been cured. Further, if the Abatement Condition continues for a period in excess of one hundred eighty (180) days after notice thereof to PG&E, LICENSEE may elect to terminate the SLA with respect to the affected Site(s). If this Agreement is terminated with respect to any Site(s) pursuant to this Section 10.5 prior to the tenth (10th) anniversary of the applicable Site Commencement Date for the affected Site(s), PG&E shall pay LICENSEE an amount calculated in accordance with Exhibit G. In the event of an Abatement Condition, PG&E shall not be liable to LICENSEE for damages, and the remedies set forth in this Section 10.5 shall be LICENSEE’S sole and exclusive remedies, and LICENSEE hereby waives any other right against PG&E at 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 Xxxxxxx, either (a) return of the price paid, or
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.
LICENSEE REMEDIES. Licensee may obtain a full refund less a $5 restocking fee for any reason, if Database is returned within five (5) days of receipt. MCOL will replace Database at no charge within the Limited Warranty period, upon MCOL receipt of Database from Licensee. Any replacement Database is warranted for the remainder period of the original Limited Warranty period, or 5 days, whichever is longer.
LICENSEE REMEDIES. If Coral reasonably believes that DSC's use of the Software will infringe a United States copyright, trade secret or other proprietary right, or a temporary or final injunction is obtained against DSC's use of the Software or any portion thereof due to an infringement of a United States copyright, trade secret or other proprietary right, DSC will discontinue such use until such time that Coral, at its option and expense, either (a) procures for DSC the right to continue using the Software, (b) replaces or modifies the Software or such infringing portion so that it no longer infringes, or if either of the foregoing are not reasonably commercially viable, (c) refunds DSC the funds paid to Coral under this Agreement and terminates DSC's license.
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. A. Licensee can seek monetary damages from Licensor for breach of this Agreement.
B. Licensee may defend itself against a termination claim by Licensor by escrowing disputed funds. If the breach claimed is related to disputes regarding payment, Licensee may interplead the maximum funds due with a court of competent jurisdiction in which case Licensor will consent to Licensee continuing to use the Software until such dispute is resolved in accordance with this Agreement.
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.
