Examples of Material Defect in a sentence
NUVENTIVE shall have no obligation to provide warranty services if the Material Defect in the NUVENTIVE Software is caused by operator error, or by use of the NUVENTIVE Software that is not in accordance with the Documentation or other operating instructions provided to Licensee for the NUVENTIVE Software.
NUVENTIVE’s sole responsibility under this warranty shall be, at NUVENTIVE’s option, to either correct such Material Defect, or to permit Licensee to terminate this Agreement and receive a refund of any prepaid portion of any License Fee.
In the event Licensor fails to remedy material defects in the Software under this Warranty, Licensee’s sole remedy and Licensor’s sole liability shall be to receive a refund of any fee paid hereunder for the portion of the Software, if any, which contains a Material Defect.
If NUVENTIVE is unable to correct such Material Defect, and Licensee elects to terminate this Agreement, Licensee will cease accessing the Application and return all Documentation and other materials in its possession to NUVENTIVE as required under Section 10.3, and upon payment by NUVENTIVE of any prepaid portion of any License Fee to Licensee, neither party shall have any further liability under this Agreement, except those obligation that specifically survive the termination of this Agreement.