From Supplier. Supplier represents and warrants that it is the owner of the Platform and of each and every component thereof, or the recipient of a valid license thereto, and that it has and will maintain the full power and authority to grant the rights to use the Platform set forth in this Agreement without the further consent of any third party. Supplier’s representations and warranties in the preceding sentence do not apply to use of the Platform in combination with hardware or software not provided by Supplier. In case of breach of the warranty above in this Section, Supplier, at its own expense, shall promptly: (a) secure for Customer the right to continue using the Platform; (b) replace or modify the Platform to make it noninfringing; or if such remedies are not commercially practical in Supplier’s reasonable opinion, (c) refund the fees paid for the Platform for every month remaining in the then-current Term following the date after which Customer access to the Platform ceases as a result of such breach of warranty. If Supplier exercises its rights pursuant to Subsection 9.1(c) above, Customer shall promptly cease all use of the Platform and all reproduction and use of the Documentation and erase all copies in its possession or control. This Section, in conjunction with Customer’s right to terminate this Agreement where applicable, states Customer’s sole remedy and Supplier’s entire liability for breach of the warranty above in this Section.
Appears in 3 contracts
Sources: White Label Solution Agreement, White Label Solution Agreement, White Label Solution Agreement