Remedies for breach of limited warranty. Unless otherwise specified in the Statement of Work, if Contractor fails to meet any of the above limited warranties and the State notifies Contractor within the warranty period, then the State’s remedy and the Contractor’s obligation will be re-performance, repair, replacement, or refund of fees paid. In the event the Contractor fails to re- perform, repair, replace, or refund fees paid for the products and/or Services as appropriate, the State may terminate the Contract.
Remedies for breach of limited warranty. If Microsoft fails to meet any of the above limited warranties and Institution notifies Microsoft within the warranty period, then Microsoft will:
Remedies for breach of limited warranty. If Customer notifies BQE Software within the Warranty Period that a Service does not meet the limited warranty, then BQE Software will, at its option, either (1) return the amount paid for the Service during the (a) Term or (b) 12 months prior to delivery of notice to BQE Software, whichever is less, or (2) update such Service to make it conform. These are Customer’s only remedies for breach of the limited warranty, unless other remedies are required to be provided under applicable law.
Remedies for breach of limited warranty. If Contractor fails to meet any of the above limited warranties and Customer notifies Contractor within the warranty period, then Contractor will provide the remedies identified in the Service Level Agreement for the affected Online Service. These are Customer’s only remedies for breach of the limited warranty, unless other remedies are required to be provided under applicable law or as may be specifically provided in the Statement of Work or elsewhere in this Contract.
Remedies for breach of limited warranty. If Microsoft fails to meet any of the above limited warranties and Customer notifies Microsoft within the warranty term, then Microsoft will: for Online Services, provide the remedies identified in the Service Level Agreement for the affected Online Service; for Products other than Online Services, at its option either (1) return the price paid or (2) repair or replace the Product; and for Services, at its option either (1) return the price paid for the specific Service or (2) re-perform the specific Service. These are Customer’s only remedies for breach of the limited warranty, unless other remedies are required to be provided under applicable law. DISCLAIMER OF OTHER WARRANTIES. OTHER THAN THIS LIMITED WARRANTY, MICROSOFT PROVIDES NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS. MICROSOFT DISCLAIMS ANY IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, OR NON-INFRINGEMENT. THESE DISCLAIMERS WILL APPLY UNLESS APPLICABLE LAW DOES NOT PERMIT THEM. Defense of infringement, misappropriation, and third party claims. Microsoft’s agreement to protect. Microsoft will defend Customer against any claims made by an unaffiliated third party that any Product, Fix or Services Deliverable made available by Microsoft for a fee infringes that party’s patent, copyright or trademark or makes unlawful use of its Trade Secret. Microsoft will also pay the amount of any resulting adverse final judgment (or settlement to which Microsoft consents). This Section 5 provides Customer’s exclusive remedy for these claims. Limitations on defense obligation. Microsoft’s obligations will not apply to the extent that the claim or award is based on: Customer Data, non-Microsoft software, modifications Customer makes to, or any specifications or materials Customer provides or makes available for, a Product, Fix or Services Deliverable; Customer’s combination of a Product, Fix or Services Deliverable with a non-Microsoft product, data or business process; or damages based on the use of a non-Microsoft product, data or business process; Customer’s use of either Microsoft’s trademarks or the use or redistribution of a Product, Fix, or Services Deliverable in violation of this agreement or any agreement incorporating its terms; or Customer’s use of a Product, Fix or Services Deliverable after Microsoft notifies Customer to discontinue that use due to a third party claim. Customer will r...
Remedies for breach of limited warranty. If Microsoft fails to meet any of the above limited warranties and Institution notifies Microsoft within the warranty period, then Microsoft will: for Online Services, provide the remedies identified in the Service Level Agreement for the affected Online Service; and for Products other than Online Services, at its option either (1) return the price paid or (2) repair or replace the Product. These are Institution’s only remedies for breach of the limited warranty, unless other remedies are required to be provided under applicable law. DISCLAIMER OF OTHER WARRANTIES. OTHER THAN THIS LIMITED WARRANTY, MICROSOFT PROVIDES NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS. MICROSOFT DISCLAIMS ANY IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, OR NON-INFRINGEMENT. THESE DISCLAIMERS WILL APPLY UNLESS APPLICABLE LAW DOES NOT PERMIT THEM.
Remedies for breach of limited warranty. If Microsoft fails to meet any of the above limited warranties and Customer notifies Microsoft within the warranty period, then Microsoft will: for Online Services, provide the remedies identified in the Service Level Agreement for the affected Online Service; for Products other than Online Services, at its option either (1) return the price paid or (2) repair or replace the Product; and for Services, at its option either (1) return the price paid for the specific Service or (2) re-perform the specific Service. These are Customer’s only remedies for breach of the limited warranty, unless other remedies are required to be provided under applicable law. DISCLAIMER OF OTHER WARRANTIES. OTHER THAN THIS LIMITED WARRANTY, MICROSOFT PROVIDES NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS. MICROSOFT DISCLAIMS ANY IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, OR NON-INFRINGEMENT. THESE DISCLAIMERS WILL APPLY UNLESS APPLICABLE LAW DOES NOT PERMIT THEM.
