In case of breach of the warranty in Section __ (Warranty of Function), Provider shall: (a) repair the Software; (b) replace the Software with software of substantially similar functionality; or (c) if such attempts do not succeed after ___ days, refund all amounts paid by Customer for the Software, in which case Customer shall promptly cease all use of that Software. The preceding sentence, in conjunction with Customer’s right to terminate this Agreement where applicable, states Customer’s sole remedy and Provider’s entire liability for breach of the warranty in Section __ (Warranty of Function).
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In case of breach of the warranty in Section __ (IP Warranty), Provider, at its own expense, shall promptly: (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 does not materially degrade any functionality listed in the Specifications; or if such remedies are not commercially practical in Provider’s reasonable opinion, (c) refund __% of the licensee fee paid for the Software for every month remaining in its license term following the date after which Customer ceases operating the Software. If Provider exercises its rights pursuant to Subsection __(c) above, Customer shall promptly cease all reproduction and use of the Software and erase all copies in its possession or control. This Section __, in conjunction with Customer’s right to terminate this Agreement where applicable, states Customer’s sole remedy and Provider’s entire liability for breach of the warranty in Section __ (IP Warranty).
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In case of breach of the warranty in Section __ (Professional Services Warranty), Provider, at its own expense, shall promptly re-perform the Professional Services in question. The preceding sentence, in conjunction with Customer’s right to terminate this Agreement where applicable, states Customer’s sole remedy and Provider’s entire liability for breach of the warranty in Section __.