Common use of Software and Support Clause in Contracts

Software and Support. Except as provided in Section 5.1 above, Customer’s sole and exclusive remedies for any damages or losses in any way connected with the operation of the Software or performance of the Support under this Agreement shall be for Denim Group to: (i) bring the performance of the Software into material compliance with the Documentation; (ii) re-perform the Support; or (iii) if (i) or (ii) is not reasonably possible on a commercially reasonable basis, return to Customer an appropriate pro-rata portion of the license fee paid by Customer to Denim Group for the then current License Term with respect to the applicable portion of the Software or Support.

Appears in 3 contracts

Sources: End User License Agreement, End User License Agreement, End User License Agreement