Limited Performance Warranty. Elastic warrants that during the term of this Agreement, the Commercial Software will perform in all material respects in accordance with the Documentation. In the event of a breach of the foregoing warranty, Elastic’s sole obligation, and OEM’s exclusive remedy shall be for Elastic to (i) correct any failure(s) of the Commercial Software to perform in all material respects in accordance with the Documentation or (ii) if Elastic is unable to provide such a correction within thirty (30) days of receipt of notice of the applicable non-conformity, then upon request from OEM, Elastic will promptly refund to OEM the unused portion (on a pro-rata basis based on the number of months remaining in the then current term of Agreement) any pre-paid Fees paid by OEM to Elastic for the applicable Commercial Software, provided that, upon payment of such refund, all licenses granted in Sections 2.1 and 2.2 and Elastic’s obligation to provide Support Services with respect to such Commercial Software shall immediately terminate. The warranty set forth in this Section 7.3 does not apply if the applicable Commercial Software or any portion thereof:
Appears in 4 contracts
Samples: License and Support Agreement, License and Support Agreement, License and Support Agreement
