Common use of Sole Remedy Clause in Contracts

Sole Remedy. PTC’s and its licensors’ entire liability and Customer’s exclusive remedy for any breach by PTC of the warranty given in Section 4.2 above shall be, at PTC’s sole discretion, either to (a) replace the Licensed Product(s) or (b) use diligent efforts to repair the Error. PTC’s obligations set forth in the preceding sentence shall apply only if notice of the Error is received by PTC within the Warranty Period and Customer supplies such additional information regarding the Error as PTC may reasonably request. If PTC does not replace the applicable Licensed Product(s) and/or does not repair the Error (either by providing a bug fix, a workaround or otherwise) within a reasonable time after notice of the Error and associated information from Customer is received by PTC, PTC will provide a refund of the license fees paid by Customer for the applicable Licensed Product(s) upon return of such Licensed Product(s) and any copies thereof.

Appears in 10 contracts

Samples: PTC Customer Agreement, PTC Customer Agreement, PTC Customer Agreement

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Sole Remedy. PTC’s and its licensors’ entire liability and Customer’s exclusive remedy for any breach by PTC of the warranty given in Section 4.2 5.1 above shall be, at PTC’s sole discretion, either to (a) replace the Licensed Product(s) or (b) use diligent efforts to repair the Error. PTC’s obligations set forth in the preceding sentence shall apply only if notice of the Error is received by PTC within the Warranty Period and Customer supplies such additional information regarding the Error as PTC may reasonably request. If PTC does not replace the applicable Licensed Product(s) and/or does not repair the Error (either by providing a bug fix, a workaround or otherwise) within a reasonable time after notice of the Error and associated information from Customer is received by PTC, PTC will provide a refund of the license licence fees paid by Customer for the applicable Licensed Product(s) upon return of such Licensed Product(s) and any copies made thereof.

Appears in 4 contracts

Samples: Customer Agreement, Customer Agreement, Customer Agreement

Sole Remedy. PTC’s and its licensors’ entire liability and Customer’s exclusive remedy for any breach by PTC of the warranty given in Section 4.2 5.1 above shall be, at PTC’s sole discretion, either to (a) replace the Licensed Product(s) or (b) use diligent efforts to repair the Error. PTC’s obligations set forth in the preceding sentence shall apply only if notice of the Error is received by PTC within the Warranty Period and Customer supplies such additional information regarding the Error as PTC may reasonably request. If PTC does not replace the applicable Licensed Product(s) and/or does not repair the Error (either by providing a bug fix, a workaround or otherwise) within a reasonable time after notice of the Error and associated information from Customer is received by PTC, PTC will provide a refund of the license fees paid by Customer for the applicable Licensed Product(s) upon return of such Licensed Product(s) and any copies made thereof.

Appears in 2 contracts

Samples: PTC Customer Agreement, PTC Customer Agreement

Sole Remedy. PTCPTT’s and its licensors’ entire liability and Customer’s exclusive remedy for any breach by PTC PTT of the warranty given in Section 4.2 5.1 above shall be, at PTCPTT’s sole discretion, either to (a) replace the Licensed Product(s) or (b) use diligent efforts to repair the Error. PTCPTT’s obligations set forth in the preceding sentence shall apply only if notice of the Error is received by PTC PTT within the Warranty Period and Customer supplies such additional information regarding the Error as PTC PTT may reasonably request. If PTC PTT does not replace the applicable Licensed Product(s) and/or does not repair the Error (either by providing a bug fix, a workaround or otherwise) within a reasonable time after notice of the Error and associated information from Customer is received by PTCPTT, PTC PTT will provide a refund of the license fees paid by Customer for the applicable Licensed Product(s) upon return of such Licensed Product(s) and any copies made thereof.

Appears in 2 contracts

Samples: Customer Agreement, Customer Agreement

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Sole Remedy. PTC’s and its licensors’ entire liability and Customer’s exclusive remedy for any breach by PTC of the warranty given in Section 4.2 above shall be, at PTC’s sole discretion, either to (a) replace the Licensed Product(s) or (b) use diligent efforts to repair the Error. PTC’s obligations set forth in the preceding sentence shall apply only if notice of the Error is received by PTC within the Warranty Period and Customer supplies such additional information regarding the Error as PTC may reasonably request. If PTC does not replace the applicable Licensed Product(s) and/or does not repair the Error (either by providing a bug fix, a workaround or otherwise) within a reasonable time after notice of the Error and associated information from Customer is received by PTC, PTC will provide a refund of the license fees paid by Customer for the applicable Licensed Product(s) upon return of such Licensed Product(s) and any copies made thereof.

Appears in 2 contracts

Samples: PTC Customer Agreement, PTC Customer Agreement

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