Common use of WARRANTIES OR REMEDIES Clause in Contracts

WARRANTIES OR REMEDIES. FCP warrants that the Program shall be free from defects in material and workmanship at the time of delivery. In the event of FCP breach of such warranty, Xxxxxxxx's exclusive remedies shall be that FCP will replace the defective Program, provided Customer returns said defective Program to FCP. NO OTHER WARRANTY EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, SHALL APPLY TO THE PROGRAM HEREUNDER. FCP shall have no other liability and Customer shall have no other remedy, except as specifically provided in this Paragraph; and in no event shall FCP be liable for any consequential damages. Legal title to the Program shall at all times remain in FCP and all rights therein are reserved to FCP. The term "purchase" as used herein means only the right and license for Customer to use and reuse the Program without limitation as to the number of uses or reuses, but without any change in ownership or title and otherwise subject to the terms and conditions of this Agreement.

WARRANTIES OR REMEDIES. FCP warrants that the Program shall be free from defects in material and workmanship at the time of delivery. In the event of FCP breach of such warranty, XxxxxxxxCustomer's exclusive remedies shall be that FCP will replace the defective Program, provided Customer returns said defective Program to FCP. NO OTHER WARRANTY EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, SHALL APPLY TO THE PROGRAM HEREUNDER. FCP shall have no other liability and Customer shall have no other remedy, except as specifically provided in this Paragraph; and in no event shall FCP be liable for any consequential damages. Legal title to the Program shall at all times remain in FCP and all rights therein are reserved to FCP. The term "purchase" as used herein means only the right and license for Customer to use and reuse the Program without limitation as to the number of uses or reuses, but without any change in ownership or title and otherwise subject to the terms and conditions of this Agreement.