Software Warranty Remedies Sample Clauses

Software Warranty Remedies. If the Software does not operate as warranted in Section 10.1 Licensor shall, at its sole discretion, either repair the Software, replace the Software with software of substantially the same functionality, or terminate the license and refund the relevant license fees paid for such non-compliant Software only when You return the Software to Licensor or its authorized reseller, from whom you obtained the Software, with the purchase receipt within the warranty period. The above warranties specifically exclude defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication.
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Software Warranty Remedies. Customer will initiate all Licensed Software warranty claims by contacting Liquidware’s then-current support number. If Liquidware investigates a warranty claim that Liquidware reasonably determines to be caused by operator error, system configuration other than as described in the Documentation, or any other cause not covered by the warranties described in this Agreement, then Liquidware may, in its discretion, charge for Liquidware’s services at Liquidware’s then-current rates for Liquidware’s investigation of the warranty claim. Customer’s sole and exclusive remedy and Liquidware’s sole responsibility for a breach of the warranty in Section 2.8 is to either repair or replace, at Liquidware’s option, the non- conforming Licensed Software; provided, however, that Liquidware receives a warranty claim during the Warranty Period.
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Software Warranty Remedies. Customer’s sole and exclusive remedy and Liquidware’s sole responsibility for a breach of the warranty in Section 2.8 is to either repair or replace, at Liquidware’s option, the non- conforming Licensed Software that does not conform to the warranty in Section 2.8; provided, however, that Liquidware receives a warranty claim during the Warranty Period.
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Software Warranty Remedies. If the Software does not operate as warranted in Sec- tion. 10.1 Licensor shall, at its sole discretion, either repair the Software, replace the Software with software of substantially the same functionality, or terminate the license and refund the relevant license fees paid for such non-compliant Software only when You return the Software to Licensor or its authorized reseller, from whom you obtained the Software, with the purchase receipt within the warranty period. The above warranties specifically exclude defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. 9.3 Maintenance/Support Warranty. Licensor warrants, for a period of thirty (30) days from the date of performance of the Maintenance/Support covered by this warranty that the Maintenance/ Support shall be performed in a manner consistent with generally accepted industry standards. 9.4 Maintenance/Support Rem- edies. For Maintenance/Support not performed as warranted in Section 9.3, and provided Licensor has received written notice of such non-conformance within thirty (30) days of performance of the Maintenance/Support, Licensor shall, at its discretion, either correct any nonconforming Mainte-
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Software Warranty Remedies. If the Software does not operate as warranted in Section. 10.1 Licensor shall, at its sole discretion, either repair the Software, replace the Software with software of substantially the same functionality, or terminate the license and refund the relevant license fees paid for such non-compliant Software only when You return the Software to Licensor or its authorized reseller, from whom you obtained the Software, with the purchase receipt within the warranty period. The above warranties specifically exclude defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. 9.3 Maintenance/Support Warranty. Licensor warrants, for a period of thirty (30) days from the date of performance of the Maintenance/Support covered by this warranty that the Maintenance/ Support shall be performed in a manner consistent with generally accepted industry standards. 9.4 Maintenance/Support Remedies. For Maintenance/Support not performed as warranted in Section 9.3, and provided Licensor has received written notice of such non-conformance within thirty (30) days of performance of the Maintenance/Support, Licensor shall, at its discretion, either correct any nonconforming Maintenance/Support or refund the relevant fees paid for the specific nonconforming Maintenance/Support service. 9.5
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Software Warranty Remedies. In the event of a breach of the warranty in Section 3.7, CLS will either repair or replace, at CLS’s option, the non-conforming Software or Software media that does not conform to the warranty in Section 3.7, or when neither of the foregoing is completed within the time required under Schedule D, then either party may terminate the License and this Agreement as it relates to such Software and CLS shall return the fee paid by Customer to CLS for the non-conforming Software or Software media.
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Software Warranty Remedies. Licensor represents and warrants that Licensor owns or otherwise has sufficient rights to the Licensed Products to grant the rights and licenses granted herein. Licensor represents and warrants to Enterprise Customer that the Licensed Products will perform in all material respects in accordance with the applicable specifications and documentation provided from time to time by Licensor, and with the service level commitments in Exhibit B, hereby attached to this Agreement. Further, since Enterprise Customer will be transferring information from the EU to the US, Licensor represents and warrants that it is compliant with the EU Safe Harbor obligations as a data processor under the FTC’s Safe Harbor program and will remain compliant through the duration of the Term; and will immediately notify Enterprise Customer if it becomes non-compliant with the EU Data Protection Act as it relates to the onward transfer of information outside of the EU. In the event that the Licensed Products fail to conform to the foregoing warranty and Enterprise Customer notifies Licensor of the non-conformity, Licensor will at its option either (a) repair or replace the non-conforming Licensed Product or (b) terminate this Agreement and refund to Enterprise Customer any pre-paid Fees paid by Enterprise Customer plus any reasonable costs directly related to the Enterprise Customer’s transfer of the content and systems to another provider .[Internal Note: is this sufficient for you? If we have to migrate over to another system, it is going to cost us out of pocket as well. They shouldn’t get to walk if their product is non-conforming and leave us with the additional expense.] The warranty and remedies set forth herein will not apply to the extent (i) the Licensed Products are not properly used or maintained due to some action, failure or limitation caused by Enterprise Customer; (ii) the Licensed Products are subjected to accident, neglect, misuse, failure of electric power, faulty environmental controls or transportation or causes other than ordinary use which are not caused by Licensor; or (iii) Enterprise Customer, its Administrators, End Users or Authorized Users fails to materially comply with the terms of this Agreement to the extent that such breach of warranty was caused by Enterprise Customer’s non-compliance.[Internal Note: they shouldn’t have a pass on their warranty because we don’t do something completely unrelated in the agreement, like payment.] Unless otherwise set fort...
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Software Warranty Remedies. If the Software does not operate as warranted in Section
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Software Warranty Remedies. Licensor represents and warrants that Licensor owns or otherwise has sufficient rights to the Licensed Products to grant the rights and licenses granted herein. Licensor represents and warrants to Enterprise Customer that the Licensed Products will perform in all material respects in accordance with the applicable specifications and documentation provided from time to time by Licensor. In the event that the Licensed Products fail to conform to the foregoing warranty and Enterprise Customer notifies Licensor of the non-conformity, Licensor will at its option either (a) repair or replace the non-conforming Licensed Product or (b) terminate this Agreement and refund to Enterprise Customer any pre-paid Fees paid by Enterprise Customer. The warranty and remedies set forth herein will not apply to the extent (i) the Licensed Products are not properly used or maintained due to some action, failure or limitation caused by Enterprise Customer; (ii) the Licensed Products are subjected to accident, neglect, misuse, failure of electric power, faulty environmental controls or transportation or causes other than ordinary use; or (iii) Enterprise Customer, its Administrators, End Users or Authorized Users fails to comply with the terms of this Agreement. This warranty represents Enterprise Customer's sole remedy in the event of any allegation that the Licensed Products are non-conforming or do not otherwise meet Enterprise Customer's expectations, the terms of this Agreement or any applicable documentation.
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Related to Software Warranty Remedies

  • Warranty Remedies Contractor acknowledges that all warranties granted to the Department by the Uniform Commercial Code of the State of Utah apply to the Contract. Product liability disclaimers and/or warranty disclaimers from Contractor are not applicable to the Contract. For any goods or service that the Department determines does not conform with this warranty, the Department may arrange to have the item repaired or replaced, or the service performed either by Contractor or by a third party at the Department's option, at Contractor's expense. If any item or services does not conform to this warranty, Contractor shall refund the full amount of any payments made. Nothing in this warranty will be construed to limit any rights or remedies the Department may otherwise have under the contract.

  • Warranty Remedy If your Congoleum floor fails to perform under the conditions of this warranty, Congoleum will at its option repair the defective area(s) or supply new Congoleum material of the same color, design, and grade, if available; if unavailable or discontinued, Congoleum reserves the right to select and supply similar Congoleum materials. This does not preclude replacement for other reasons as deemed appropriate by Congoleum. After corrective action is taken on an existing defect, you will continue to receive the warranty coverage for the remaining period of your original warranty. How to Make a Claim If you find a defect or other matter covered by this warranty, you should promptly notify the retailer who sold the floor covering material, or you may contact Congoleum directly. Notice of a claim under this warranty must be in writing and must include proof of purchase. The correspondence with the retailer or Congoleum should include the product purchased, the amount purchased, installation costs (if applicable) and the date of purchase. If you submit your claim directly to Congoleum, Congoleum will contact you within 15 days of receipt of your claim to verify that the claim has been made. You may submit your warranty claim directly to Congoleum at: Congoleum Corporation, Dept. C, 0000 Xxxxxxxxxxxx Xxxx, P.O. Box 3127, Mercerville, NJ 08619. Consequential or Incidental Damages The manufacturer excludes and will not pay consequential, indirect, incidental or special/putative damages under this warranty. By this we mean that the manufacturer will not cover or pay for any loss, expense, or damage other than to the flooring itself that may result from a defect in the flooring. Some examples of consequential or incidental damages are: reimbursement for lodging, replacement of subfloors, trim moldings, disconnecting/reconnecting appliances, fixtures or cabinets, or moving of furniture/appliances. No Implied Warranties There are no implied warranties, including warranties of merchantability and fitness for a particular use, extending beyond this warranty.

  • CUSTOMER REMEDIES XxxxxxxxxxXxxxxx.xxx's entire liability and your exclusive remedy shall be, at XxxxxxxxxxXxxxxx.xxx's option, either refund of the price paid for the defective Software, or repair or replacement of the defective Software, in each case upon return to XxxxxxxxxxXxxxxx.xxx during the warranty period. You must return the defective Software product to XxxxxxxxxxXxxxxx.xxx with a copy of your purchase receipt. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

  • BREACH; REMEDIES Notwithstanding anything to the contrary in this Agreement, the Participant agrees and acknowledges that the breach of this Section would cause substantial loss to the goodwill of the Company and/or its Affiliates, and cause irreparable harm for which there is no adequate remedy at law. Further, because the Participant’s employment with the Employer is personal and unique, because damages alone would not be an adequate remedy and because of the Participant’s access to the Confidential Information, the Company and/or its Affiliates shall have the right to enforce this Section, including any of its provisions, by injunction, specific performance, or other equitable relief, without having to post bond or prove actual damages, and without prejudice to any other rights and remedies that the Company and/or its Affiliates may have for a breach of this Section, including, without limitation, money damages. The Participant agrees and acknowledges that notwithstanding the arbitration provisions in this Agreement, the Company may elect to file and pursue claims which arise from or relate to the Participant’s actual or threatened breaches of this Section in state or federal court of competent jurisdiction. The Participant shall be liable to pay all costs, including reasonable attorneys’ and experts’ fees and expenses, that the Company and/or its Affiliates may incur in enforcing or defending this Section, whether or not litigation is actually commenced and including litigation of any appeal taken or defended by the Company and/or its Affiliates where the Company and/or its Affiliates succeed in enforcing any provision of this Section.

  • Additional Remedies The rights, powers and remedies given to Bank hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers and remedies given to Bank by law against Borrower or any other person, including but not limited to Bank's rights of setoff or banker's lien.

  • City’s Remedies In addition to any other remedies the City may have upon Developer and/or Developer’s contractor for the failure to provide and maintain insurance or policy endorsements to the extent and within the time required, the City shall have the right, to order Developer to stop work, and/or withhold any payment(s), which become due until Developer and/or Developer’s contractor demonstrates compliance with the requirements.

  • Contractor’s Remedies If the State is in breach of any provision of this Contract and does not cure such breach, Contractor, following the notice and cure period in §14.B and the dispute resolution process in §16 shall have all remedies available at law and equity. If a Purchasing Entity is in breach of a provision of an Order, Contractor shall have all remedies available to it under that Order and available at law and equity.

  • Buyer’s Remedies If the Closing has not occurred due to a breach by Seller in any material respect any of its obligations or representations or warranties contained in this Agreement, or if Seller fails to consummate this Agreement for any reason other than Buyer's default or the permitted termination of this Agreement by Seller or Buyer as herein expressly provided, Buyer shall be entitled, as its sole remedy, either (a) to terminate this Agreement and receive the return of the entire Deposit (including both the First Deposit and Second Deposit, and whether or not the Inspection Period was extended), which return shall operate to terminate this Agreement and release Seller from any and all liability hereunder, or (b) to enforce specific performance of Seller's obligation to execute the documents required to convey the Property to Buyer, it being understood and agreed that the remedy of specific performance shall not be available to enforce any other obligation of Seller hereunder. Buyer shall be deemed to have elected to terminate this Agreement (as provided in subsection (a) above) if Buyer fails to file a cause of action for specific performance against Seller on or before ninety (90) days after written notice of termination from Seller or ninety (90) days after the originally scheduled Closing Date, whichever shall occur first. If specific performance is not available due to the fact that Seller has conveyed the Property to a third party, then upon termination of this Agreement by Buyer, in addition to receiving the immediate return of the Deposit, anything in the Agreement contained to the contrary notwithstanding, Buyer shall also receive from Seller, upon demand, Buyer’s actual, documented out-of-pocket costs and expenses associated with conducting its due diligence related to the Property; provided, however, Seller’s maximum reimbursement liability with respect to the foregoing shall not exceed $300,000.00. The rights and remedies of this Article VI shall survive Closing or any termination of this Agreement. THE FOREGOING REMEDIES ARE IN ADDITION TO AND ARE NOT INTENDED TO LIMIT SELLER'S OR BUYER’S INDEMNITY OBLIGATIONS UNDER OTHER SECTIONS HEREOF.

  • Event of Breach Remedies 14.1. Event of Breach by Contractor. Any one or more of the following Contractor acts or omissions constitute an event of material breach under this Contract:

  • Exclusive Remedies Subject to Section 9.12, the parties acknowledge and agree that their sole and exclusive remedy with respect to any and all claims (other than claims arising from intentional fraud on the part of a party hereto in connection with the transactions contemplated by this Agreement) for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement, shall be pursuant to the indemnification provisions set forth in this ARTICLE VII. In furtherance of the foregoing, each party hereby waives, to the fullest extent permitted under the law, any and all rights, claims and causes of action for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement it may have against the other parties hereto and their affiliates and each of their respective representatives arising under or based upon any law, rule or regulation, except pursuant to the indemnification provisions set forth in this ARTICLE VII. Nothing in this Section 7.05 shall limit any person’s right to seek and obtain any equitable relief to which any person shall be entitled pursuant to Section 9.12 or to seek any remedy on account of any intentional fraud by any party hereto.

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