Software & Firmware Patches,
Software Updates, New Software Releases, Software Combined Releases, New
Features & all other Releases of Software furnished by Vendor at such times as
they become generally available to the Vendor's
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customers.
Reliance shall also be entitled to receive all optional Software
features, at no additional cost during the Product Warranty Period. The Vendor
shall give Reliance an advance notice of the introduction of any Software
Upgrade Release, any Software Combined Release or any Software releases
containing any optional Software Release features.
8.2
BREACH OF WARRANTIES.
8.2.1
IN THE EVENT OF ANY BREACH OF THE
SOFTWARE WARRANTY, THE VENDOR SHALL PROMPTLY REPAIR OR REPLACE THE DEFECTIVE OR
NONCONFORMING SOFTWARE OR OTHERWISE CURE ANY DEFECTS AND DEFICIENCIES SO THAT
THE SOFTWARE AND BROADBAND ACCESS RELIANCE NETWORK SHALL PERFORM IN ACCORDANCE
WITH THE SPECIFICATIONS. VENDOR'S OBLIGATIONS WITH RESPECT TO SOFTWARE SHALL BE
FIRST TO ATTEMPT TO REPAIR OR REPLACE AT NO ADDITIONAL COST, ANY DEFECTIVE
SOFTWARE, USING SOFTWARE UPDATES, UPGRADES, PATCHES, BUG FIXES IN ACCORDANCE
WITH THE PROVISIONS OF HEREUNDER AND AS SPECIFIED IN ANNEXURE 1A TO THE
SPECIFICATIONS (TECHNICAL SUPPORT SERVICES). IN THE EVENT THAT THE VENDOR IS
UNABLE TO OR REFUSES TO REPAIR OR REPLACE OR CORRECT DEFECTIVE SOFTWARE,
RELIANCE MAY IN ADDITION TO EXERCISING ANY OTHER REMEDIES AVAILABLE TO IT UNDER
THE CONTRACT, LAW AND/OR EQUITY, AT ITS OPTION :
(i)
elect to have such Defective Software,
replaced, repaired or corrected by any third party, and Vendor shall in such an
event (a) provide all technical details, documentation, and other information
required for such repair replacement or correction; and (b) reimburse Reliance
for all direct costs incurred in connection with such repair replacement or
correction; and/or
(ii)
elect to have the Vendor provide (a) a
credit or refund based on the original purchase price of such Defective
Software, as the case may be; and/or
8.2.2
THE WARRANTY PERIOD FOR ALL REPAIRED, REPLACED OR
CORRECTED SOFTWARE SHALL BE THE LONGER OF :
[***].
8.2.3
NOTWITHSTANDING THE FOREGOING, THE VENDOR SHALL
HAVE NO LIABILITY PURSUANT TO THIS SECTION 8.2 FOR:
[***]
except when any such damage or Deficiencies is done, made or caused by Vendor or
any Subcontractor or their employees or agents.
8.3
CORRECTION OF SOFTWARE
8.3.1
IN THE EVENT OF A BREACH OF THE SOFTWARE
WARRANTY, THE PARTIES SHALL FOLLOW THE PROCEDURES SET FORTH IN THE
SPECIFICATIONS. RELIANCE WILL NOTIFY THE VENDOR UPON OCCURRENCE OF ANY BREACH OF
WARRANTY WITHIN A REASONABLE TIME PERIOD.
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8.3.2
IN THE EVENT THAT THE REMEDY OF ANY
BREACH OF THE SOFTWARE WARRANTY REQUIRES THE INSTALLATION OR PROVISION OF
ADDITIONAL EQUIPMENT, SOFTWARE UPDATES, UPGRADES OR COMBINED RELEASE AND/OR
SERVICES, THE VENDOR SHALL PROVIDE SUCH EQUIPMENT, SOFTWARE AND/OR
PERFORM SUCH
SERVICES ON SITE, AT NO COST OR EXPENSE TO RELIANCE, EXCEPT AS OTHERWISE
EXPRESSLY PROVIDED IN THE SPECIFICATIONS AND THE SHALL BE PERFORMED BY THE
VENDOR AT SITE, WITHOUT DISRUPTING THE OPERATION OF THE RELIANCE, NETWORK OR ANY
PART THEREOF. RELIANCE SHALL ALLOW THE VENDOR TO INSPECT THE