Common use of Remedies for Breach of Warranty Clause in Contracts

Remedies for Breach of Warranty. If the Product does not meet the warranties during the Warranty Period or the term of any Software Support Services, Licensor shall provide, at no charge, the software and Support Services required to attain the warranted levels or standards. If Licensor cannot meet the warranties by performance of Support Services within the time frames and pursuant to the terms and conditions in the Support Services Exhibit , Licensee shall have the right, in addition to any other remedies, within Licensee’s sole discretion to exercise one or more of the following remedies: (i) full or partial refunds of the license fees and/or support services fees; (ii) payment of the cost of a consultant to fix the Software; or (iii) acceptance of impaired performance in exchange for a setoff/credit against license fees and/or support services fees, pursuant to Section 14.