Common use of Warranty Issues Clause in Contracts

Warranty Issues. Where a breach of any of the warranties in Clauses 5.1 b) to 5.1 e), inclusive, (a “Warranty Issue”) arises, Kineo will (at its own cost) investigate the Warranty Issue and either, at Xxxxx’s discretion, resolve the Warranty Issue or terminate the Agreement and refund Charges paid in advance by the Customer in respect of any period following such termination, provided in all cases that: a) this shall be the sole and exclusive remedy of the Customer in relation to any Warranty Issues; b) nothing done in the resolution of Warranty Issues under this Clause shall operate to extend or otherwise modify the relevant warranty; c) the Developed Software, the Kineo Software and/or the Kineo System is being used by the Customer for the purposes contemplated in the Agreement, and in accordance with any specified assumptions, constraints and dependencies and, if applicable, with any Documentation; d) the Customer complies with its obligations under this Agreement; and e) no alteration has been made to the Kineo Software by anyone other than Kineo or by a person specifically approved and authorised in writing by Xxxxx to undertake such alteration.

Warranty Issues. Where a breach of any of the warranties in Clauses 5.1 b) to 5.1 e), inclusive, Clause 5 (a “Warranty Issue”issue) arises, Kineo will (at its own cost) investigate the Warranty Issue and either, at Xxxxx’s discretion, resolve the Warranty Issue or terminate the Agreement and refund Charges paid in advance by the Customer in respect of any period following such terminationIssue, provided in all cases that: a) this shall be the sole and exclusive remedy of the Customer in relation to any Warranty IssuesIssues or other breach of the warranties, representations or promises provided by Xxxxx under this Agreement in respect of the Services, the Deliverables and/or the Kineo Software (as applicable); b) nothing done in the resolution of Warranty Issues under this Clause shall operate to extend or otherwise modify the relevant warrantywarranty or, if applicable, the Warranty Period; c) the Developed Software, the Kineo Software and/or the Kineo System is being used by the Customer for the purposes contemplated in by the Agreementrelevant Statement of Work, and in accordance with any specified assumptions, constraints and dependencies and, if applicable, with any DocumentationDocumentation supplied by Xxxxx; d) the Customer complies with its obligations under this Agreement; and e) no alteration has been is made to the Kineo Software (as applicable) by anyone other than Kineo or by a person specifically approved and authorised in writing by Xxxxx to undertake such alteration.

Warranty Issues. Where a breach of any of the warranties in Clauses 5.1 (b) to 5.1 (e), inclusive, (a “Warranty Issue”) arises, Kineo Xxxxx will (at its own cost) investigate the Warranty Issue and either, at Xxxxx’s discretion, resolve the Warranty Issue or terminate the Agreement and refund Charges paid in advance by the Customer in respect of any period following such termination, provided in all cases that: a) this shall be the sole and exclusive remedy of the Customer in relation to any Warranty Issues; b) nothing done in the resolution of Warranty Issues under this Clause shall operate to extend or otherwise modify the relevant warranty; c) the Developed Software, the Kineo Software and/or the Kineo System is being used by the Customer for the purposes contemplated in the Agreement, and in accordance with any specified assumptions, constraints and dependencies and, if applicable, with any Documentation; d) the Customer complies with its obligations under this Agreement; and e) no alteration has been made to the Kineo Software by anyone other than Kineo or by a person specifically approved and authorised in writing by Xxxxx to undertake such alteration.