Software Warranty Remedies. If the Software does not operate as warranted in Section 10.1 Licensor shall, at its sole discretion, either repair the Software, replace the Software with software of substantially the same functionality, or terminate the license and refund the relevant license fees paid for such non-compliant Software only when You return the Software to Licensor or its authorized reseller, from whom you obtained the Software, with the purchase receipt within the warranty period. The above warranties specifically exclude defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication.
Software Warranty Remedies. Customer will initiate all Licensed Software warranty claims by contacting Liquidware’s then-current support number. If Liquidware investigates a warranty claim that Liquidware reasonably determines to be caused by operator error, system configuration other than as described in the Documentation, or any other cause not covered by the warranties described in this Agreement, then Liquidware may, in its discretion, charge for Liquidware’s services at Liquidware’s then-current rates for Liquidware’s investigation of the warranty claim. Customer’s sole and exclusive remedy and Liquidware’s sole responsibility for a breach of the warranty in Section 2.8 is to either repair or replace, at Liquidware’s option, the non-conforming Licensed Software; provided, however, that Liquidware receives a warranty claim during the Warranty Period.
Software Warranty Remedies. Customer’s sole and exclusive remedy and Liquidware’s sole responsibility for a breach of the warranty in Section 2.8 is to either repair or replace, at Liquidware’s option, the non- conforming Licensed Software that does not conform to the warranty in Section 2.8; provided, however, that Liquidware receives a warranty claim during the Warranty Period.
Software Warranty Remedies. If the Software does not operate as warranted in Sec- tion. 10.1 Licensor shall, at its sole discretion, either repair the Software, replace the Software with software of substantially the same functionality, or terminate the license and refund the relevant license fees paid for such non-compliant Software only when You return the Software to Licensor or its authorized reseller, from whom you obtained the Software, with the purchase receipt within the warranty period. The above warranties specifically exclude defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. 9.3 Maintenance/Support Warranty. Licensor warrants, for a period of thirty (30) days from the date of performance of the Maintenance/Support covered by this warranty that the Maintenance/ Support shall be performed in a manner consistent with generally accepted industry standards. 9.4 Maintenance/Support Rem- edies. For Maintenance/Support not performed as warranted in Section 9.3, and provided Licensor has received written notice of such non-conformance within thirty (30) days of performance of the Maintenance/Support, Licensor shall, at its discretion, either correct any nonconforming Mainte-
Software Warranty Remedies. If the Software does not operate as warranted in Section. 10.1 Licensor shall, at its sole discretion, either repair the Software, replace the Software with software of substantially the same functionality, or terminate the license and refund the relevant license fees paid for such non-compliant Software only when You return the Software to Licensor or its authorized reseller, from whom you obtained the Software, with the purchase receipt within the warranty period. The above warranties specifically exclude defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. 9.3 Maintenance/Support Warranty. Licensor warrants, for a period of thirty (30) days from the date of performance of the Maintenance/Support covered by this warranty that the Maintenance/ Support shall be performed in a manner consistent with generally accepted industry standards. 9.4 Maintenance/Support Remedies. For Maintenance/Support not performed as warranted in Section 9.3, and provided Licensor has received written notice of such non-conformance within thirty (30) days of performance of the Maintenance/Support, Licensor shall, at its discretion, either correct any nonconforming Maintenance/Support or refund the relevant fees paid for the specific nonconforming Maintenance/Support service. 9.5
Software Warranty Remedies. In the event of a breach of the warranty in Section 3.7, CLS will either repair or replace, at CLS’s option, the non-conforming Software or Software media that does not conform to the warranty in Section 3.7, or when neither of the foregoing is completed within the time required under Schedule D, then either party may terminate the License and this Agreement as it relates to such Software and CLS shall return the fee paid by Customer to CLS for the non-conforming Software or Software media.
Software Warranty Remedies. Licensor represents and warrants that Licensor owns or otherwise has sufficient rights to the Licensed Products to grant the rights and licenses granted herein. Licensor represents and warrants to Enterprise Customer that the Licensed Products will perform in all material respects in accordance with the applicable specifications and documentation provided from time to time by Licensor, and with the service level commitments in Exhibit B, hereby attached to this Agreement. Further, since Enterprise Customer will be transferring information from the EU to the US, Licensor represents and warrants that it is compliant with the EU Safe Harbor obligations as a data processor under the FTC’s Safe Harbor program and will remain compliant through the duration of the Term; and will immediately notify Enterprise Customer if it becomes non-compliant with the EU Data Protection Act as it relates to the onward transfer of information outside of the EU. In the event that the Licensed Products fail to conform to the foregoing warranty and Enterprise Customer notifies Licensor of the non-conformity, Licensor will at its option either (a) repair or replace the non-conforming Licensed Product or (b) terminate this Agreement and refund to Enterprise Customer any pre-paid Fees paid by Enterprise Customer plus any reasonable costs directly related to the Enterprise Customer’s transfer of the content and systems to another provider .[Internal Note: is this sufficient for you? If we have to migrate over to another system, it is going to cost us out of pocket as well. They shouldn’t get to walk if their product is non-conforming and leave us with the additional expense.] The warranty and remedies set forth herein will not apply to the extent (i) the Licensed Products are not properly used or maintained due to some action, failure or limitation caused by Enterprise Customer; (ii) the Licensed Products are subjected to accident, neglect, misuse, failure of electric power, faulty environmental controls or transportation or causes other than ordinary use which are not caused by Licensor; or (iii) Enterprise Customer, its Administrators, End Users or Authorized Users fails to materially comply with the terms of this Agreement to the extent that such breach of warranty was caused by Enterprise Customer’s non-compliance.[Internal Note: they shouldn’t have a pass on their warranty because we don’t do something completely unrelated in the agreement, like payment.] Unless otherwise set fort...
Software Warranty Remedies. If the Software does not operate as warranted in Section
Software Warranty Remedies. Licensor represents and warrants that Licensor owns or otherwise has sufficient rights to the Licensed Products to grant the rights and licenses granted herein. Licensor represents and warrants to Enterprise Customer that the Licensed Products will perform in all material respects in accordance with the applicable specifications and documentation provided from time to time by Licensor. In the event that the Licensed Products fail to conform to the foregoing warranty and Enterprise Customer notifies Licensor of the non-conformity, Licensor will at its option either (a) repair or replace the non-conforming Licensed Product or (b) terminate this Agreement and refund to Enterprise Customer any pre-paid Fees paid by Enterprise Customer. The warranty and remedies set forth herein will not apply to the extent (i) the Licensed Products are not properly used or maintained due to some action, failure or limitation caused by Enterprise Customer; (ii) the Licensed Products are subjected to accident, neglect, misuse, failure of electric power, faulty environmental controls or transportation or causes other than ordinary use; or (iii) Enterprise Customer, its Administrators, End Users or Authorized Users fails to comply with the terms of this Agreement. This warranty represents Enterprise Customer's sole remedy in the event of any allegation that the Licensed Products are non-conforming or do not otherwise meet Enterprise Customer's expectations, the terms of this Agreement or any applicable documentation.
Software Warranty Remedies. Client’s sole remedy and AbeTech’s sole obligation in the event of a breach of the warranty contained in Section 18.E is, at AbeTech’s sole option: (i) to correct or replace any portion of the Software found to be nonconforming; or (ii) to refund the amounts paid by Client for the Services which were not as warranted. This remedy is contingent upon AbeTech receiving written notice from Client within thirty (30) days of the delivery of the Software that Client alleges does not conform to the warranty in Section 18.E.
