Common use of Software Media Clause in Contracts

Software Media. Famic warrants that, for a period of thirty (30) days from the date of shipment from Famic, as evidenced by the date of the original invoice for the Software, the Physical Memory Media (if any) on which the Software and Documentation are recorded as well as the Protection Key are free from defects in material and workmanship under normal use and service. Famic’s entire liability and Licensee’s exclusive remedy as to the Physical Memory Media and the Protection Key shall be, at Famic’s sole and exclusive option, either: (a) Free of charge replacement of the Physical Memory Media and/or the Protection Key which do not meet the Famic’s Limited Warranty and which is (are) returned to Famic prepaid by the Licensee; (b) Deliver Software and Documentation through download and provide credentials to Licensee to run Software using a Remote License Server. If in Famic’s opinion the failure of the Physical Memory Media or the Protection Key has resulted from accident, abuse, or misapplication, Famic shall have no responsibility whatsoever. Famic will replace the defective Physical Memory Media and/or the Protection Key and Licensee agrees to pay the applicable charges for such service. In any case, the defective Physical Memory Media must first be shipped by Licensee and received by Famic along with the applicable payment (if any) in order for Famic to ship a replacement. The replaced Physical Memory Media and/or Protection Key will be warranted for a period of thirty (30) days, from the date of shipment.

Software Media. ‌ Famic warrants that, for a period of thirty (30) days from the date of shipment from Famic, as evidenced by the date of the original invoice for the Software, the Physical Memory Media (if any) on which the Software and Documentation are recorded as well as the Protection Key are free from defects in material and workmanship under normal use and service. Famic’s entire liability and Licensee’s exclusive remedy as to the Physical Memory Media and the Protection Key shall be, at Famic’s sole and exclusive option, either: (a) Free of charge replacement of the Physical Memory Media and/or the Protection Key which do not meet the Famic’s Limited Warranty and which is (are) returned to Famic prepaid by the Licensee; (b) Deliver Software and Documentation through download and provide credentials to Licensee to run Software using a Remote License Server. If in Famic’s opinion the failure of the Physical Memory Media or the Protection Key has resulted from accident, abuse, or misapplication, Famic shall have no responsibility whatsoever. Famic will replace the defective Physical Memory Media and/or the Protection Key and Licensee agrees to pay the applicable charges for such service. In any case, the defective Physical Memory Media must first be shipped by Licensee and received by Famic along with the applicable payment (if any) in order for Famic to ship a replacement. The replaced Physical Memory Media and/or Protection Key will be warranted for a period of thirty (30) days, from the date of shipment.