Common use of Limited Warranty, Disclaimer of Warranty and Election of Remedies Clause in Contracts

Limited Warranty, Disclaimer of Warranty and Election of Remedies. (a) Limited Software Warranty by INSOURCE and Remedy For Breach. INSOURCE warrants to the Licensee that, during the Warranty Period, each Baseline Licensed Software, as used by the Licensee for its own internal computing operations, will operate without Documented Defects. "Warranty Period" means the period beginning on the effective date in which the Licensee first licensed the applicable Baseline Licensed Software and ending thirty (30) days thereafter. For each Documented Defect, INSOURCE, as soon as reasonably practicable and at its own expense, will provide the Licensee with an avoidance procedure for, or a correction of the Documented Defect. If despite its reasonable efforts, INSOURCE is unable to provide the Licensee with an avoidance procedure for, or a correction of a Documented Defect, then, the Licensee's sole and exclusive remedy for breach of the foregoing warranty shall be a refund of the licence fee(s) paid for the defective Licensed Software. The Licensee must notify INSOURCE within seven (7) days of the end of the Warranty Period of any Documented Defect which occurs within the Warranty Period.

Appears in 3 contracts

Samples: Saas License Agreement, Health Data Enterprise Saas Licence Agreement, Saas License Agreement

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Limited Warranty, Disclaimer of Warranty and Election of Remedies. (a) Limited Software Warranty by INSOURCE and Remedy For Breach. INSOURCE warrants to the Licensee that, during the Warranty Period, each Baseline Licensed Software, as used by the Licensee for its own internal computing operations, will operate without Documented Defects. "Warranty Period" means the period beginning on the effective date in which the Licensee first licensed the applicable Baseline Licensed Software and ending thirty (30) days thereafter. For each Documented Defect, INSOURCE, as soon as reasonably practicable and at its own expense, will provide the Licensee with an avoidance procedure for, or a correction of the Documented Defect. If despite its reasonable efforts, INSOURCE is unable to provide the Licensee with an avoidance procedure for, or a correction of a Documented Defect, then, the Licensee's sole and exclusive remedy for breach of the foregoing warranty shall be a refund the payment of the licence fee(slower of (1) £50,000 and (2) the Licence Fee(s) paid for the defective Licensed Software. The Licensee must notify INSOURCE within seven (7) days of the end of the Warranty Period of any Documented Defect which occurs within the Warranty Period.

Appears in 1 contract

Samples: End User License Agreement

Limited Warranty, Disclaimer of Warranty and Election of Remedies. (a) Limited Software Warranty by INSOURCE ILLUMAR and Remedy For Breach. INSOURCE ILLUMAR warrants to the Licensee that, during the Warranty Period, each Baseline Licensed Software, as used by the Licensee for its own internal computing operations, will operate without Documented Defects. "Warranty Period" means the period beginning on the effective date in which the Licensee first licensed the applicable Baseline Licensed Software and ending thirty (30) days thereafter. For each Documented Defect, INSOURCEILLUMAR, as soon as reasonably practicable and at its own expense, will provide the Licensee with an avoidance procedure for, or a correction of the Documented Defect. If despite its reasonable efforts, INSOURCE ILLUMAR is unable to provide the Licensee with an avoidance procedure for, or a correction of a Documented Defect, then, the Licensee's sole and exclusive remedy for breach of the foregoing warranty shall be a refund of the licence fee(s) paid for the defective Licensed Software. The Licensee must notify INSOURCE ILLUMAR within seven (7) days of the end of the Warranty Period of any Documented Defect which occurs within the Warranty Period.

Appears in 1 contract

Samples: Software License Agreement

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Limited Warranty, Disclaimer of Warranty and Election of Remedies. (a) Limited L imited Software Warranty by INSOURCE and Remedy For Breach. INSOURCE warrants to the Licensee that, during the Warranty Period, each Baseline Licensed Software, as used by the Licensee for its own internal computing operations, will operate without Documented Defects. "Warranty Period" means the period beginning on the effective date in which the Licensee first licensed the applicable Baseline Licensed Software and ending thirty (30) days thereafter. For each Documented Defect, INSOURCE, as soon as reasonably practicable and at its own expense, will provide the Licensee with an avoidance procedure for, or a correction of the Documented Defect. If despite its reasonable efforts, INSOURCE is unable to provide the Licensee with an avoidance procedure for, or a correction of a Documented Defect, then, the Licensee's sole and exclusive remedy for breach of the foregoing warranty shall be a refund of the licence fee(s) paid for the defective Licensed Software. The Licensee must notify INSOURCE within seven (7) days of the end of the Warranty Period of any Documented Defect which occurs within the Warranty Period.

Appears in 1 contract

Samples: Software License Agreement

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