Exclusive Liability. We will have the right, at our option and expense, to (1) obtain rights for you to use the Software; (2) replace or modify the Software so that it becomes non-infringing; or (3) accept return of the Software, upon which the applicable license(s) will terminate, in exchange for a credit, with respect to perpetually licensed Software, not to exceed the purchase price paid by you for such Software based upon a three (3) year straight line depreciation, and with respect to subscription Software, based on the applicable pro-rated portion of the amount paid for the corresponding payment term, calculated monthly. The remedies set forth in this Section 9, subject to the restrictions set forth in Sections 9(c) and 10 below, state our exclusive liability to you concerning infringement and misappropriation.
Exclusive Liability. 7.1 In order to efficiently provide services, Party B’s website, client and the Alipay software system shall from time to time be maintained and inspected. Party B will post notice of the same three days in advance. Any service interruption or instability caused thereby is not regarded as a breach by Party B.
Exclusive Liability. The parties obligations set forth in this Section 14 constitute the parties` exclusive liability and the parties` sole remedy arising out of any third party`s claim of infringement.
Exclusive Liability. We will have the right, at our option and expense, to (1) obtain for you rights to use the Software, (2) replace or modify the Software so that it becomes non-infringing or (3) accept return of the Software, upon which the applicable license(s) will terminate, in exchange for a credit not to exceed the purchase price paid by you for such Software based upon a three (3) year straight line depreciation. The foregoing, subject to the restrictions set forth in Xxxxxxx 00 xxxxx, xxxxxx our exclusive liability to you concerning infringement.
Exclusive Liability. The foregoing provisions of this Section 8 set forth the full extent of the parties’ liability (monetary or otherwise) under this Agreement for any and all Losses.
Exclusive Liability. The Parties` obligations set forth in this Section 14 constitute the Parties` exclusive liability and the Parties` sole remedy arising out of any third party`s claim of infringement. * M-Systems Confidentiality Treatment Requested _12_
Exclusive Liability. We will, at our option and expense, (1) obtain rights for you to use the Software;
Exclusive Liability. In the event of any claim that the Software infringes or misappropriates any third party intellectual property rights, we will have the right, at our option and expense, to (1) obtain for you rights to use the Software, (2) replace or modify the Software so that it becomes non-infringing, or (3) terminate your license to the Software and accept return of the Software, upon which the Term and this Agreement will terminate, in exchange for a credit not to exceed a pro rata portion of the purchase price paid by you for such Software over the one year period preceding the date such claim arose. The foregoing and the indemnity in Section 5(a), states our exclusive liability to you, and your sole and exclusive rights and remedies concerning infringement or misappropriation hereunder.
Exclusive Liability. NOTWITHSTANDING ANY OTHER PROVISION HEREOF, THE EXCLUSIVE LIABILITY OF MARTEK, AND LICENSEE’S EXCLUSIVE REMEDY, FOR FAILURE OF ANY MARTEK PRODUCT TO CONFORM TO THE SPECIFICATIONS SHALL BE THE REPLACEMENT OF THE NONCONFORMING MARTEK PRODUCTS OR A REFUND OF THE PURCHASE PRICE PAID FOR THE NONCONFORMING MARTEK PRODUCTS (INCLUDING DUTY, FREIGHT, INSURANCE CHARGES, AND OTHER SIMILAR RELATED EXPENSES), AT MARTEK’S SOLE OPTION; PROVIDED, HOWEVER, THAT NOTHING IN THIS SECTION 13.2 SHALL RELIEVE MARTEK OF ITS INDEMNIFICIATION OBLIGATIONS SET FORTH IN SECTION 11.2 OF THIS AGREEMENT.
Exclusive Liability. THE FOREGOING STATES THE SOLE AND EXCLUSIVE LIABILITY OF DAVOX FOR INFRINGEMENT OF ANY KIND AND IS IN LIEU OF ALL WARRANTIES , EXPRESS OR IMPLIED, IN REGARD THERETO.
