Remedies for Breach of Warranty

Remedies for Breach of Warranty


In the event of breach of the warranty in Section __ (Warranty of Function), Vendor shall: (a) repair the Software in question; (b) replace the Software in question with software of substantially similar functionality; or (c) if such attempts do not ­succeed after ___ days, refund all amounts paid by Customer for such Software. The preceding sentence, in conjunction with Customer’s right to terminate this Agreement for breach where ­applicable, states Customer’s sole remedy and Vendor’s entire liability for breach of the warranty in Section __.

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In the event of a breach of the warranty in Section __ (IP Warranty), Vendor, at its own expense, will promptly take the following actions: (a) secure for Customer the right to continue using the Software; (b) replace or modify the Software to make it noninfringing, provided such modification or replacement will not materially degrade any functionality listed in the Specifications; or (c) refund __% of the licensee fee paid for the Software for every month remaining in its license term following the date after which Customer is required to cease operation of the Software. The remedies set forth in the preceding sentence are not exclusive of any others Customer may have.

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In the event of a breach of the warranty in Section __ ­(Services Warranty), Vendor, at its own expense, shall promptly re-­perform the Services in question. The preceding sentence, in conjunction with Customer’s right to terminate this Agreement for breach where applicable, states Customer’s sole remedy and Vendor’s entire liability for breach of the warranty in Section __.