Common use of Warranties; Remedies Clause in Contracts

Warranties; Remedies. Synergex warrants that the Products, when properly installed and used in accordance with Synergex’s instructions, will conform in all material respects to the applicable Documentation, provided, that Licensee is not otherwise in breach of this Agreement. HOWEVER, SYNERGEX DOES NOT WARRANT THAT THE PRODUCTS, OR USE OF THE PRODUCTS, WILL BE ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCTS. THE PRODUCTS ARE PROVIDED “AS IS” AND SYNERGEX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SYNERGEX’S ENTIRE RESPONSIBILITY SHALL BE, AT SYNERGEX’S OPTION, EITHER (A) TO MAKE AVAILABLE TO LICENSEE ALL PUBLISHED PATCHES, UPDATES, AND UPGRADES MADE BY SYNERGEX TO THE PRODUCTS DURING THE TERM OF THIS AGREEMENT; OR (B) TO USE REASONABLE EFFORTS TO RESPOND TO WRITTEN NOTIFICATION OF ERRORS RECEIVED FROM LICENSEE OR SUPPLIER. IF SYNERGEX IS UNABLE TO MAKE THE PRODUCTS OPERATE AS WARRANTED, LICENSEE SHALL BE ENTITLED TO TERMINATE THIS AGREEMENT.