REMEDY FOR BREACH OF WARRANTY. 3.1. Subject to the exclusions and limitations set out above, if the Product fails to comply with the Limited Warranty in clauses 1.2 or 1.3, BYD will repair or replace the non-conforming Product or parts thereof within the warranty term at no charge (or provide a partial refund) on the following conditions.
3.2. Whether to repair or replace the Product will be determined by BYD in its sole discretion.
3.3. The Product or any of its parts to be replaced will have the same performance and reliability as the original Product. If the Production of the relevant type of the Product or any of its parts has been discontinued, withdrawn from the market, or are otherwise unavailable, BYD may replace the Product or parts with a similar Product or part (which may include previously used parts that are equivalent to new in performance and reliability).
3.4. If BYD does not repair or replace the defective Product or parts, BYD will refund You an amount of money calculated as follows:
a) If the Product fails to comply with the Limited Performance Warranty in clause 1.3, BYD may calculate the refund using one of the two refund formulas below:
i) Refund = maximum claim amount* x (warranted Minimum Throughput Energy - output energy of the Product recorded in the control module of the Product)/ warranted Minimum Throughput Energy; or
ii) Refund = maximum claim amount* x (warranted remaining Useable Energy - remaining Useable Energy)/ warranted Usable Energy; and
b) If the Product cannot be operated, BYD will calculate the refund as follows: Refund = (maximum claim amount*/120) x (120 - number of months since Warranty Start Date). *The maximum claim amount is the market value of the Product (or an equivalent Product) determined by BYD if it were purchased new with no defects.
3.5. The remedies as set out above are the sole and exclusive obligations of BYD to You under this Limited Warranty, and BYD will have no other liability to You if the Product fails to comply with the Limited Warranty.
REMEDY FOR BREACH OF WARRANTY. If someone claims, or SPREP reasonably believes that someone is likely to claim, that all or part of the Warranted Materials infringe their Intellectual Property Rights, the Sup- plier must, in addition to the indemnity under clause 12 and to any other rights that SPREP may have against it, promptly, at the Supplier's expense:
(a) use its best efforts to secure the rights for SPREP to continue to use the affected Warranted Materials free of any claim or liability for infringement; or
(b) replace or modify the affected Warranted Materials so that the Warranted Materi- als or the use of them does not infringe the Intellectual Property Rights of any other person without any degradation of the performance or quality of the af- fected Warranted Materials.
REMEDY FOR BREACH OF WARRANTY. If someone claims, or SPREP reasonably believes that someone is likely to claim, that all or part of the Warranted Materials infringe their Intellectual Property Rights, the Supplier must, in addition to the indemnity under clause 12 and to any other rights that SPREP may have against it, promptly, at the Supplier's expense:
(a) use its best efforts to secure the rights for SPREP to continue to use the affected Warranted Materials free of any claim or liability for infringement; or
(b) replace or modify the affected Warranted Materials so that the Warranted Materials or the use of them does not infringe the Intellectual Property Rights of any other person without any degradation of the performance or quality of the affected Warranted Materials.
REMEDY FOR BREACH OF WARRANTY. Entrust’s exclusive liability and the Customer’s sole and exclusive remedy for breach of the provisions of this Section (Warranty) shall be, at Entrust’s option, to correct, repair or replace, free of charge, the Software which does not meet Entrust’s warranty.
REMEDY FOR BREACH OF WARRANTY. If someone claims, or DFAT reasonably believes that someone is likely to claim, that all or part of the Warranted Materials infringe their Intellectual Property Rights, the Recipient must, in addition to the indemnity under Clause 24 (Indemnity) and to any other rights that DFAT may have against it, promptly, at the Recipient's expense:
(a) use its best efforts to secure the rights for DFAT to continue to use the affected Warranted Materials free of any claim or liability for infringement; or
(b) replace or modify the affected Warranted Materials so that the Warranted Materials or the use of them does not infringe the Intellectual Property Rights of any other person without any degradation of the performance or quality of the affected Warranted Materials.
REMEDY FOR BREACH OF WARRANTY. Microsoft will repair or replace the software at no charge. If Microsoft cannot repair or replace it, Microsoft will refund the amount shown on your receipt for the software. It will also repair or replace supplements, updates and replacement software at no charge. If Microsoft cannot repair or replace them, it will refund the amount you paid for them, if any. You must uninstall the software and return any media and other associated materials to Microsoft with proof of purchase to obtain a refund. These are your only remedies for breach of the limited warranty.
REMEDY FOR BREACH OF WARRANTY. MICROSOFT WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE IT, MICROSOFT WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO MICROSOFT WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.
REMEDY FOR BREACH OF WARRANTY. In the event of a valid claim under this Warranty, if the claim relates to products used as part of a Qualifying Installation System, Bostik shall pay the reasonable cost of materials and labor, on a square foot basis, necessary to repair or replace the portion of the original installation that is proven to be defective. For any other valid claim under this Warranty, Bostik shall provide Bostik product to replace the Bostik product used only in the portion of the original installation that is proven to be defective or, at Bostik’s option, refund the purchase price for the Bostik product used in that portion of the installation. The remedy applicable to your claim shall be your sole and exclusive remedy. TO THE MAXIMUM EXTENT PERMITTED BY LAW, XXXXXX WILL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, OR OTHER DAMAGES, AND BOSTIK HEREBY DISCLAIMS LIABILITY FOR ANY SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
REMEDY FOR BREACH OF WARRANTY. EXCEPT AS SPECIFICALLY STATED HEREIN, ENTRUST’S EXCLUSIVE LIABILITY AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY DEFECT OR DELAY SHALL BE SUBJECT TO THE LIMITATION ON AND EXCLUSION OF DAMAGES SET OUT BELOW. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF REPAIR, REPLACEMENT OR A REFUND FOR THE SOFTWARE DOES NOT FULLY COMPENSATE THE CUSTOMER FOR ANY LOSSES; OR ENTRUST KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE AND ANY RELATED SERVICES ARE PROVIDED “AS IS”, WITHOUT ANY REPRESENTATIONS, CONDITIONS, OR WARRANTIES OF ANY KIND. WITHOUT LIMITATION, ENTRUST, INCLUDING ITS AFFILIATES, LICENSORS, SUBCONTRACTORS, DISTRIBUTORS, SUPPLIERS, OR AGENTS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES (COLLECTIVELY, THE “ENTRUST GROUP”), DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON- INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, THE ENTIRE RISK OF THE USE OF THE SOFTWARE OR RECEIPT OF ANY RELATED SERVICES HEREUNDER SHALL BE BORNE BY CUSTOMER. FURTHERMORE, ENTRUST GROUP DOES NOT REPRESENT NOR WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICES WILL: ACHIEVE SPECIFIC RESULTS, OPERATE WITHOUT INTERRUPTION, DISPLAY CORRECT INFORMATION ABOUT A USER’S LOCATION AND/OR ORGANIZATION (SINCE SOME INFORMATION IS RECEIVED FROM THIRD PARTIES), BE ERROR FREE, OR BE ABSOLUTELY IMPENETRABLE TO HACKERS WILFULLY TRYING TO GAIN ACCESS TO THE CUSTOMER’S COMPUTER SYSTEM. INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
REMEDY FOR BREACH OF WARRANTY. Any breach of the representations or warranties made in this Article 15 shall entitle Licensee to a refund of all payments made to Licensor as consideration for the rights granted under this Agreement, and said refund shall be the sole remedy available to Licensee for breach or violation of any provisions contained in this Article 15.
