Software and Media. Licensor warrants to Customer that, for a period of ninety (90) days from its delivery date,
(a) the Software will perform substantially in accordance with the material functional specifications contained in the Documentation in effect at the time of delivery to Customer when such Software is properly installed and Used on the recommended operating system, and (b) the Media on which the Software is furnished, if any, will be free from material defects under normal use. Licensor’s entire liability and the Customer’s sole and exclusive remedy for breach of this Section 10.2 will be limited to either, at Licensor’s option, replacement of the Software and Media, if any, at no charge to Customer or refund of the license fee paid by Customer and termination of this Agreement. The warranties in this Section 10.2 shall not apply if, and during the period that, any Licensed Products are provided to Customer for evaluation or trial use.
Software and Media. Subject to the terms and conditions of this Agreement, AccessData warrants, for Customer’s benefit alone, that the Media (exclusive of third party servers, storage or appliance-based hardware) in which the Software is embedded shall, for a period of ninety (90) days from the date of Customer’s initial purchase of the Software ("Warranty Period"), be free from defects in material and workmanship. Subject to the terms and conditions of this Agreement, AccessData further warrants, for Customer’s benefit alone, that during the Warranty Period the Software shall operate substantially in accordance with the then-current Documentation. To make a claim for any breach of the foregoing warranties, Customer must return to AccessData the defective Media or Software, postage prepaid, to: AccessData, 000 Xxxxx 000 Xxxx, Xxxxx 000, Xxxxxx, Xxxx 00000, with a copy of Customer’s paid invoice and a description of the problem(s) within five (5) days of the date of discovery of the breach of warranty and within the Warranty Period. AccessData’s sole obligation and Customer’s sole and exclusive remedy for breach of the foregoing warranties shall be either to repair or replace the Software with software that substantially conforms to the Documentation, repair or replace the Media portion of the Software, or terminate the applicable license to the defective Software and refund the price paid for the Software license in accordance with Customer’s paid invoice. Any repaired or replacement Software and Media are warranted for the balance of the original Warranty Period or for fifteen (15) days from the date Customer received the repaired or replacement Software or Media, whichever is longer.
