REMEDY LIMITATIONS. Licensor's entire liability and Licensor's sole and exclusive remedy for breach of the foregoing warranty shall be Licensor's option to either: - return to Licensee the license fee for the period in which the Software did not perform according to this warranty, or - repair the defects or replace the Software.
REMEDY LIMITATIONS. Except with respect to the payment obligations under Section 6.6 and 13.8 of this Agreement and the payment obligations under the Transition Agreement, the foregoing provisions of this Section 14 shall be the sole remedy of an indemnified party for: (a) any failure of a representation or warranty as described in Section 14.2(a) or Section 14.3(a); (b) the matters described in Section 14.2(c), Section 14.3(c) or Section 14.3(d); or (c) any breach or violation of any covenant or agreement contained in this Agreement or the Ancillary Agreements required to be performed after the Closing Date under Section 14.2(b) or Section 14.3(b). Notwithstanding the foregoing, if a post-Closing breach or violation as described in Section 14.2(b) or Section 14.3(b) does not give rise to an indemnification right because of the passage of the applicable time limit set forth in Section 14.5(c), then the party against whom such breach is committed shall retain the right to bring a breach of contract claim for appropriate damages and/or equitable relief; provided, however, that such claim shall be subject to the Symantec Basket and Symantec Cap or the SalesLogix Basket and SalesLogix Cap, as the case may be, to the same extent as if such claim had been brought as a claim for indemnification under Section 14.2(b) or Section 14.3(b). Nothing contained in this Section 14.8 shall be deemed to restrict (i) a party's ability to seek and obtain injunctive relief, (ii) a party's ability to terminate this Agreement in accordance with its terms, or (iii) Symantec's ability to recover unpaid Royalties.
REMEDY LIMITATIONS. KMBS’S SOLE LIABILITY (AND CUSTOMER’S EXCLUSIVE REMEDY) FOR ANY BREACH OF THE PRODUCT WARRANTY SHALL BE REPAIR OF THE HARDWARE OR REPLACEMENT OF A NONCONFORMING PART, AT THE OPTION OF KMBS. KMBS’S SOLE LIABILITY (AND CUSTOMER’S EXCLUSIVE REMEDY) FOR ANY BREACH OF THE SERVICE WARRANTY SHALL BE FOR KMBS TO RE-PERFORM ANY DEFICIENT SERVICES, OR, IF KMBS IS UNABLE TO REMEDY SUCH DEFICIENCY WITHIN 30 DAYS, TO VOID THE INVOICE FOR THE DEFICIENT SERVICES. KMBS SHALL HAVE NO OBLIGATION WITH RESPECT TO A WARRANTY CLAIM (I) IF NOTIFIED OF SUCH CLAIM MORE THAN 30 DAYS AFTER DELIVERY OF THE HARDWARE OR SERVICES OR (II) IF THE CLAIM IS THE RESULT OF THE USE OF ANY THIRD-PARTY SOFTWARE OR HARDWARE, OR THE ACTIONS OF CUSTOMER OR A THIRD PARTY. THE PARTIES WAIVE THEIR RESPECTIVE RIGHTS TO SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INTERRUPTION OF SERVICES, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OR INCREASED EXPENSE OF USE), WHETHER IN AN ACTION IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR STRICT LIABILITY, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES, FOR ANY PROVEN BREACH OF THIS AGREEMENT. THE PARTIES RESERVE THE RIGHT TO RECOVER CONTRACT DAMAGES ALLOWED VIA THIS AGREEMENT. THE AGGREGATE LIABILITY OF EACH PARTY UNDER THIS AGREEMENT OR ANY SCHEDULE SHALL NOT EXCEED THE TOTAL PAYMENTS MADE BY CUSTOMER TO KMBS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH LIABILITY.
REMEDY LIMITATIONS. Excluding any third-party services, programs, equipment or hardware, BASE warrants that the Services will perform substantially in accordance with the Documentation for a period of ninety (90) calendar days from the date of first use of the Services (“Limited Warranty”). BASE’s sole and entire liability, and Licensee’s sole and exclusive remedy, for system unavailability, bugs, or other problems with the operation of the Services during the Limited Warranty period shall be, at BASE’s option, to either: (a) return to Licensee the license fee for the period during which the Services did not perform; or (b) repair any defects or replace the Services. BASE is not responsible or liable for any third-party branded services, programs, equipment or hardware used in conjunction with the Services, and Licensee agrees in each case to look solely to the warranties and remedies, if any, and such additional terms and conditions provided by the applicable third-party provider. This Limited Warranty is void if failure of the Services results from Licensee’s or its Authorized User’s breach of the terms and conditions herein.
REMEDY LIMITATIONS. Buyer’s exclusive remedy in the event that any of the Equipment does not conform to the Seller’s description shall be a replacement of the item or part that is non-conforming. The only guaranty to be provided by the Seller is to replace or at the Seller’s option, repair the Equipment or any part thereof which is found to be defective in material or workmanship within 30 days from date of delivery.
REMEDY LIMITATIONS. In no event shall SSA (including SSA's Licensor and SSA's Affiliate) be liable for any consequential damages, whether foreseeable, whether based upon lost goodwill, lost profits, loss of use of the Software, loss of money, loss of data or interruption in its use or availability, stoppage of other work, impairment of other assets or otherwise and whether arising out of breach of any express or implied warranty, breach of contract, negligence, misrepresentation, strict liability in tort or otherwise, and under or in connection with this Agreement, except only in cases of personal injury where and to the extent applicable law imposes such liability CLIENT agrees that SSA's (including SSA's Licensor and SSA's Affiliate's) liability for damages, regardless of the form of action, shall, in any event, be limited to the Software license fees and On-Going Support fees received from CLIENT under this Agreement.
REMEDY LIMITATIONS. Seller’s entire liability and Purchaser’s sole and exclusive remedy for breach of the foregoing warranty shall be Seller’s availability to work with Purchaser under commercially reasonable terms to repair the defects or replace the Software/Source Code.
REMEDY LIMITATIONS. IN NO EVENT SHALL LICENSOR BE LIABLE TO FRIEND, WHETHER FORESEEABLE OR NOT, FOR ANY INDIRECT, SPECIAL, RELIANCE, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE, GOODWILL, OR ANY DAMAGES OR SUMS PAID TO THIRD PARTIES.
REMEDY LIMITATIONS. In no event shall SSA GT (including SSA GT's Licensor and SSA GT's Affiliate) be liable for any consequential, indirect, special, punitive or incidental damages (including, without limitation, lost revenues or profits), whether or not foreseeable and whether arising out of breach of any express or implied warranty, breach of contract, negligence, misrepresentation, strict liability in tort or otherwise, and whether based on this Agreement or any transaction performed or undertaken under or in connection with this Agreement. CLIENT agrees that except for SSA GT's indemnification obligation arising under Section 8, SSA GT's (including SSA GT's Licensor and SSA GT's Affiliate's) total liability to CLIENT or any third party for damages, regardless of the form of action, shall, in any event, be limited to the Software license fees and On-Going Support fees received from CLIENT under this Agreement. Notwithstanding the foregoing, this Section 10 will not apply only when and to the limited extent that applicable law specifically requires liability despite the foregoing exclusions and limitations.
REMEDY LIMITATIONS. Buyer's exclusive remedy in the event that the Goods do not conform to the plans and specifications supplied by the Seller shall be either (a) to repair or to replace, at Seller's option, the defective Goods in accordance with Section 12 below, or (b) if after repeated efforts Seller is unable to resolve the defect by repair or replacement, to refund the purchase price upon return of the defective item.
