PERFORMANCE WARRANTY REMEDY. 7.1 If ConnectWise has breached the warranty set forth in the section entitled: Performance Warranty, Client’s remedy is for ConnectWise to, in consultation with Client, to either (i) use reasonable efforts consistent with industry standards to cure the defect, or (ii) replace the ConnectWise Software(s) with one that materially complies with the Documentation, or (iii) terminate the license and provide a pro-rata refund of the license fees paid and or Assurance fees. If option (iii) applies, the pro-rata refund shall be calculated on the number of months left remaining on the Term of the applicable Schedule or if the ConnectWise Software is licensed under a Perpetual License, using (only for purposes of a refund calculation) an amortization schedule of three (3) years.
PERFORMANCE WARRANTY REMEDY. 7.1. If CA has breached either warranty set forth in the section entitled: Performance Warranty, Ordering Activity’s remedy is for CA to, in consultation with Ordering Activity, to either (i) use reasonable efforts consistent with industry standards to cure the defect, or (ii) replace the CA Software(s) with one that materially complies with the Documentation, or (iii) mutually agree to terminate the license and provide a pro-rata refund to the Authorized CA Partner of the license fees paid and or Support fees. If option (iii) applies, the pro- rata refund shall be calculated on the number of months left remaining on the Term of the applicable Transaction Document or if the CA Software is licensed under a Perpetual License, using (only for purposes of a refund calculation) an amortization schedule of three (3) years.
PERFORMANCE WARRANTY REMEDY. Customer shall notify Licensor in writing of any claim that the Software is not functioning in accordance with the Customer Documentation (the “Warranty Notice”). The Warranty Notice will include sufficient information to allow Licensor to duplicate the defect or error. Licensor will promptly repair or replace, or create a Workaround (as defined in Exhibit 1) for, any Software that fails to meet the performance warranty. If Licensor fails to correct or create a workaround for a defect reported by Customer within thirty (30) days after the defect was reported, Customer shall have the option to terminate this Agreement in which case Licensor shall refund to Customer any pre-paid license fees, pro-rated based on the number of days elapsed, and the number of days remaining in, the then-current License Term. If Customer exercises its termination option, it shall have the right to continue to use the Software under the terms of this Agreement for a transition period of up to 180 days, subject to Customer’s continued compliance with all of the terms and conditions of this Agreement and each Order From.
PERFORMANCE WARRANTY REMEDY. 6.1 If Company has breached the warranty set forth in the section entitled: Performance Warranty, Client’s remedy is for Company to, in consultation with Client, to either (i) use reasonable efforts consistent with industry standards to cure the defect, or (ii) replace the Company Software(s) with one that materially complies with the Documentation, or (iii) terminate the license and provide a pro-rata refund of the license fees paid and or Assurance fees. If option (iii) applies, the pro-rata refund shall be calculated on the number of months left remaining on the Term of the applicable Schedule or if the Company Software is licensed under a Perpetual License, using (only for purposes of a refund calculation) an amortization schedule of three (3) years.
PERFORMANCE WARRANTY REMEDY. If Sunflare determines following a Warranty Claim that a Module has a Performance Defect, then Sunflare shall, at its sole discretion, within a reasonable time: (i) remedy or repair the Performance Defect; (ii) provide a replacement module in place of the Module(s) that has the Performance Defect; or (iii) make up the difference to the guaranteed power output by replacing the Module(s) or providing additional modules.
PERFORMANCE WARRANTY REMEDY. 1. If Contuit has breached the warranty set forth in the section entitled: Performance Warranty, Client’s remedy is for Contuit to, in consultation with Client, to either (i) use reasonable efforts consistent with industry standards to cure the defect, or (ii) replace the Contuit Software(s) with one that materially complies with the Documentation, or (iii) terminate the license and provide a pro-rata refund of the license fees paid and or Assurance fees. If option (iii) applies, the pro-rata refund shall be calculated on the number of months left remaining on the Term of the applicable Schedule or if the Contuit Software is licensed under a Perpetual License, using (only for purposes of a refund calculation) an amortization schedule of three (3) years.
PERFORMANCE WARRANTY REMEDY. 6.1 If Matrix42 has breached either a Warranty set forth in the section entitled: “Performance Warranty”, Matrix42 may, in consultation with Customer, either a) use reasonable efforts consistent with industry standards to cure the defect, or b) replace the Matrix42 Software with one that materially complies with the documentation or service description.
PERFORMANCE WARRANTY REMEDY. 8.1 If CA has breached either warranty set forth in the section entitled: Performance Warranty, Customer’s remedy is for CA to, in consultation with Customer, to either (i) use reasonable efforts consistent with industry standards to cure the defect, or (ii) replace the CA Software(s) with one that materially complies with the Documentation, or (iii) terminate the license and provide a pro-rata refund of the license fees paid and or Support fees. If option (iii) applies, the pro-rata refund shall be calculated on the number of months left remaining on the Term of the applicable Transaction Document or if the CA Software is licensed under a Perpetual License, using (only for purposes of a refund calculation) an amortization schedule of three (3) years. Notwithstanding the foregoing, CA will first use commercially reasonable efforts to repair or replace the software and, if either remedy cannot be accomplished using commercially reasonable efforts, then CA will resort to a pro rata refund of the fees paid as stated above.
PERFORMANCE WARRANTY REMEDY. 7.1 If CA has breached either warranty set forth in the section entitled: Performance Warranty, Customer’s remedy is for CA to, in consultation with Customer, to either (i) use reasonable efforts consistent with industry standards to cure the defect, or (ii) replace the CA Software(s) with one that materially complies with the Documentation, or (iii) terminate the license and provide a pro- rata refund of the license fees paid and/or Support fees to Customer or CA Partner (wherefrom the non-compliant CA Offering was procured). If option (iii) applies, the pro-rata refund shall be calculated on the number of months left remaining on the Term of the applicable Transaction Document or if the CA Software is licensed under Perpetual License, using (only for purposes of a refund calculation) an amortization schedule of three (3) years. The above warranty remedies are CA’s sole obligation and Customer’s sole and exclusive remedy for breach of the above warranty.
PERFORMANCE WARRANTY REMEDY. If Atlassian breaches a Performance Warranty and Customer makes a reasonably detailed warranty claim within 30 days of discovering the issue, Atlassian will use reasonable efforts to correct the non-conformity. If Atlassian determines such remedy to be impracticable, either party may terminate the affected Subscription Term. Atlassian will then refund to Customer any pre-paid, unused fees for the terminated portion of the Subscription Term. These procedures are Customer’s exclusive remedy and Atlassian’s entire liability for breach of a Performance Warranty.
