Common use of Title to Software Clause in Contracts

Title to Software. This agreement does not constitute a contract of sale in relation to the Software supplied to the Licencee. Not withstanding the Licencee may own the magnetic or other physical media on which the Software was originally supplied, or has subsequently been recorded or fixed, it is a fundamental term of this Agreement that at all times title and ownership of the Software, whether on the original media or otherwise, shall remain vested in Xxxx or third parties who have granted licences to Xxxx. This Licence shall be effective until terminated in accordance with the provisions of this Agreement. The Licencee may terminate this Licence at any time by destroying all copies of the Software and associated written materials. This Licence will be terminated automatically and without notice from Xxxx in the event that the Licencee fails to comply with any term or condition of this Agreement. The Licencee agrees to destroy all copies of the Software and associated written materials in the event of such termination. The Software is supplied by Xxxx and accepted by the Licencee “as is” without warranty of any kind either expressed or implied, including but not being limited to any implied warranties as to merchantability or fitness for any particular purpose. The entire risk as to the quality and performance of the Software vests in the Licencee. Should the Software prove to be defective, the Licencee (and not Licensor or any subsidiary or agent of the Licensor) shall assume the entire cost of all necessary servicing, repair or correction. Xxxx does not warrant that the functions contained in the Software will meet the Licencee’s requirements or that the operation of the Software will be uninterrupted or error free. However Xxxx warrants that the diskettes if any on which the Software is supplied to the Licencee shall be free from defects in material and workmanship under normal use and service for a period of ninety (90) days from the date of delivery to the Licencee. Xxxx’x entire liability and the Licencee’s exclusive remedy shall be:

Title to Software. This agreement does not constitute a contract of sale in relation to the Software supplied to the Licencee. Not withstanding the Licencee may own the magnetic or other physical media on which the Software was originally supplied, or has subsequently been recorded or fixed, it is a fundamental term of this Agreement that at all times title and ownership of the Software, whether on the original media or otherwise, shall remain vested in Xxxx or third parties who have granted licences to Xxxx. This Licence shall be effective until terminated in accordance with the provisions of this Agreement. The Licencee may terminate this Licence at any time by destroying all copies of the Software and associated written materials. This Licence will be terminated automatically automati- cally and without notice from Xxxx in the event that the Licencee fails to comply with any term or condition of this Agreement. The Licencee Licen- cee agrees to destroy all copies of the Software and associated written materials in the event of such termination. The Software is supplied by Xxxx and accepted by the Licencee “as is” without warranty of any kind either expressed or implied, including but not being limited to any implied warranties as to merchantability or fitness for any particular purpose. The entire risk as to the quality and performance perfor- xxxxx of the Software vests in the Licencee. Should the Software prove to be defective, the Licencee (and not Licensor or any subsidiary or agent of the Licensor) shall assume the entire cost of all necessary servicing, repair or correction. Xxxx does not warrant that the functions contained con- tained in the Software will meet the Licencee’s Licences requirements or that the operation of the Software will be uninterrupted or error free. However Xxxx warrants that the diskettes if any on which the Software is supplied to the Licencee shall be free from defects in material and workmanship under normal use and service for a period of ninety (90) days from the date of delivery to the Licencee. Xxxx’x entire liability and the Licencee’s Licences exclusive remedy shall be: