Common use of Software Warranties and Remedies Clause in Contracts

Software Warranties and Remedies. For a period of ninety (90) days, PFPC warrants (“Performance Warranty”) that the Software, excluding the Directly Obtained Third Party Software, shall perform on the Equipment substantially in accordance with the Documentation. The correction of errors and deficiencies in the Software pursuant to Software Support shall be the GE Fund Products’ sole and exclusive remedy for the Performance Warranty. PFPC warrants (“Rights Warranty”) it has the right to license the Software in accordance with the Agreement. Provided the GE Fund Products give PFPC timely written notice, reasonable assistance, including assistance from the GE Fund Products’ employees, agents and affiliates, and sole authority to defend or settle the action, then PFPC shall do the following (“Infringement Indemnification”): (a) defend or settle, at its expense, any action brought against the GE Fund Products to the extent the action is based on a claim that the Software infringes a duly issued United States’ patent or copyright or violates a third party’s proprietary trade secrets or other similar intellectual property rights (“Infringement”); and (b) pay damages and costs finally awarded against the Fund directly attributable to such claim. PFPC shall have no Infringement Indemnification obligation if the alleged Infringement is based upon the GE Fund Products’ use of the Software with equipment or software not furnished or approved by PFPC or if such claim arises from PFPC’s compliance with the GE Fund Products’ designs or instructions, or from the GE Fund Products’ modifications of the Software. The Infringement Indemnification states PFPC’s entire liability for Infringement and shall be the GE Fund Products’ sole and exclusive remedy for the Rights Warranty.

Software Warranties and Remedies. For a period of ninety (90) days, PFPC warrants (“Performance Warranty”"PERFORMANCE WARRANTY") that the Software, excluding the Directly Obtained Third Party Software, shall perform on the Equipment substantially in accordance with the Documentation. The correction of errors and deficiencies in the Software pursuant to Software Support shall be the GE Fund Products’ Fund's sole and exclusive remedy for the Performance Warranty. PFPC warrants (“Rights Warranty”"RIGHTS WARRANTY") it has the right to license the Software in accordance with the Agreement. Provided the GE Fund Products give gives PFPC timely written notice, reasonable assistance, including assistance from the GE Fund Products’ Fund's employees, agents and affiliatesaffiliates (collectively, the "FUND'S AGENTS"), and sole authority to defend or settle the action, then PFPC shall do the following (“Infringement Indemnification”"INFRINGEMENT INDEMNIFICATION"): (a) defend or settle, at its expense, any action brought against the GE Fund Products to the extent the action is based on a claim that the Software infringes a duly issued United States’ ' patent or copyright or violates a third party’s 's proprietary trade secrets or other similar intellectual property rights (“Infringement”"INFRINGEMENT"); and (b) pay damages and costs finally awarded against the Fund directly attributable to such claim. PFPC shall have no Infringement Indemnification obligation if the alleged Infringement is based upon the GE Fund Products’ Fund's use of the Software with equipment or software not furnished or approved by PFPC or if such claim arises from PFPC’s 's compliance with the GE Fund Products’ Fund's designs or instructions, or from the GE Fund Products’ Fund's modifications of the Software. The Infringement Indemnification states PFPC’s 's entire liability for Infringement and shall be the GE Fund Products’ Fund's sole and exclusive remedy for the Rights Warranty.