Licensee’s Remedies for Licensed Software Defects. In all situations involving non-performance of the Licensed Software during the Warranty Period, Licensee's exclusive remedy is: (a) the correction or workaround of software Errors by Licensor; or (b) if, after repeated efforts, Licensor is unable to make the Licensed Software operate as warranted, Licensee shall be entitled to a refund of the pro-rated value of the function not provided by the Licensed Software. The Parties shall attempt to reach agreement as to the pro-rated value of the function not provided. If the Parties are unable to do so, Licensor shall make a determination of such prorated value, and Licensee shall have the option of accepting the pro-rated value so determined or returning the Licensed Product for a full refund of the License Fee.
Appears in 1 contract
Sources: Software End User License Agreement
Licensee’s Remedies for Licensed Software Defects. In all situations involving non-performance nonperformance of the Licensed Software during the Warranty Period, Licensee's exclusive remedy is:
(a) the correction or workaround of software Errors by Licensor; or
(b) if, after repeated efforts, Licensor is unable to make the Licensed Software operate as warranted, Licensee shall be entitled to a refund of the pro-rated value of the function not provided by the Licensed Software. The Parties shall attempt to reach agreement as to the pro-rated value of the function not provided. If the Parties are unable to do so, Licensor shall make a determination of such prorated value, and Licensee shall have the option of accepting the pro-rated value so determined or returning the Licensed Product for a full refund of the License Fee.
Appears in 1 contract
Sources: Software License Agreement