Common use of Sole and Exclusive Remedies Clause in Contracts

Sole and Exclusive Remedies. End User must report any alleged breach of the warranties contained in this Section 9 to Agilos in writing during the applicable Warranty Period, and provide to Agilos such information and materials as Agilos may reasonably request to document and reproduce an issue. End User’s exclusive remedy and Agilos sole liability with regard to a breach of warranty shall be as follows: - with respect to any alleged breach of the warranty set forth in Section 9.1 (Performance), at Agilos option and expense, to either: (i) repair or replace the non-conforming Software; or (ii) return the Software license and Maintenance fees paid (if any) with respect to the non- conforming Software; - with respect to any alleged breach of the warranty set forth in Section 9.2 (Viruses and Disabling Code), to replace all copies of the affected Software in the possession of End User with copies that do not contain such virus or disabling code. If End User is asked by Agilos to return the applicable license and Maintenance fees paid for the non- conforming Software pursuant to Section above: (i) End User shall promptly return the non-conforming Software to Agilos or establish to Agilos satisfaction that it has destroyed/uninstalled the applicable Software; and (ii) the licenses granted to End User hereunder in respect of such non-conforming Software shall automatically terminate.

Sole and Exclusive Remedies. End User must report any alleged breach of the warranties contained in this Section 9 to Agilos in writing during the applicable Warranty Period, and provide to Agilos such information and materials as Agilos may reasonably request to document and reproduce an issue. End User’s exclusive remedy and Agilos sole liability with regard to a breach of warranty shall be as follows: - with respect to any alleged breach of the warranty set forth in Section 9.1 (Performance), at Agilos option and expense, to either: (i) repair or replace the non-non- conforming Software; or (ii) return the Software license and Maintenance fees paid (if any) with respect to the non- non-conforming Software; - with respect to any alleged breach of the warranty set forth in Section 9.2 (Viruses and Disabling Code), to replace all copies of the affected Software in the possession of End User with copies that do not contain such virus or disabling code. If End User is asked by Agilos to return the applicable license and Maintenance fees paid for the non- non-conforming Software pursuant to Section above: (i) End User shall promptly return the non-conforming Software to Agilos or establish to Agilos satisfaction that it has destroyed/uninstalled the applicable Software; and (ii) the licenses granted to End User hereunder in respect of such non-conforming Software shall automatically terminate.