Common use of Licensor Software Warranty Clause in Contracts

Licensor Software Warranty. Licensor warrants, for a period of one hundred-eighty (180) days from the initial delivery of the Licensor Software to Mercury Interactive, that the Licensor Software shall operate with the Mercury Interactive Topaz application product in all material respects in conformance with the Documentation. Licensor does not warrant that the Licensor Software will be error-free. Licensor’s entire liability, and Mercury Interactive’s exclusive remedy, under this limited Licensor Software Warranty shall be for Licensor (i) to attempt, through best reasonable efforts, to correct any reproducible substantial nonconformity discovered within the warranty period; or (ii) to replace the nonconforming Licensor Software with Licensor Software which conforms to the foregoing warranty. If Licensor is unable to cure the breach of warranty described in this Section 11.4, after attempting the remedies described in (i) and (ii) above, at Mercury Interactive’s request Licensor shall promptly refund any royalties paid by Mercury Interactive to Licensor for the Licensor Software. Mercury Interactive agrees to return all Licensor Software whose fees have been refunded. The warranty shall not apply to the extent the non-conformance was caused by unauthorized modification, abuse or misuse of the Licensor Software.