Failure to Resolve. The parties agree that in the event that Somnetics is not able to resolve a problem in the software product, Somnetics’ sole obligation shall be to take all reasonable efforts to rectify the same. If for any reason, other than that contributed by the End user, Somnetics fails to provide the required Support, and provided the failure in product hinders or prevents the End user from using a material part and functionality of the Software, the End user is entitled to terminate this Agreement forthwith by giving written notice to Somnetics, in which case Somnetics shall refund the prorate Support fee for the unexpired tenure.
Appears in 2 contracts
Sources: Software Support Agreement, Software Support Agreement