Publisher’s General Warranties Clause Samples

Publisher’s General Warranties. Publisher represents and warrants that: (a) it has title to the Software or the right to grant Customer the rights granted hereunder; (b) the Software does not violate any third party’s United States patent, copyright or trade secret rights; and (c) Publisher has not inserted any virus or similar device to erase data. Customer’s sole and exclusive recourse and remedy – and Publisher’s sole, exclusive and entire liability – for a breach of items (a) and (b) by Publisher shall be the exercise of its indemnity rights under subsection 8.2 below. For a breach of item (c) Customer’s sole and exclusive recourse and remedy – and Publisher’s sole, exclusive and entire liability – shall be to terminate the Agreement and obtain a refund of the Fees paid for the directly affected Software less an allocation for use made by Customer prior to the breach.