Common use of ANTI-VIRUS WARRANTY Clause in Contracts

ANTI-VIRUS WARRANTY. TOMIA represents and warrants that, to the best of its knowledge, after employing reasonable technical means to detect computer viruses, the Software does not contain any virus or computer software code, routines, or hardware components (other than as set forth in the Documentation) designed to disable, damage, impair, or erase the Software or other data. For failure to comply with this warranty, TOMIA shall replace all copies of the affected Software in the possession of Customer. All costs incurred for replacement of the affected Software including, but not limited to, cost of media, shipping, and deliveries shall be borne by TOMIA. The remedies stated in this Subsection 9.2 are Customer’s sole and exclusive remedies and TOMIA’s entire liability for a breach of this warranty.

ANTI-VIRUS WARRANTY. TOMIA represents and warrants that, to the best of its knowledge, after employing reasonable technical means to detect computer viruses, the Software does not contain any virus or computer software code, routines, or hardware components (other than as set forth in the Documentation) designed to disable, damage, impair, or erase the Software or other data. For failure to comply with this warranty, TOMIA XXXXX shall replace all copies of the affected Software in the possession of Customer. All costs incurred for replacement of the affected Software including, but not limited to, cost of media, shipping, and deliveries shall be borne by TOMIA. The remedies stated in this Subsection 9.2 are Customer’s sole and exclusive remedies and TOMIAXXXXX’s entire liability for a breach of this warranty.