warrants (a) it has all necessary rights and authority to enter into and perform its obligations under this Agreement and grant the rights provided herein; (b) the authorized use of the unaltered Images will not violate any third party copyrights to the underlying Images; and (c) the digital/print copy of the Images shall be free from defects in material and workmanship for 3 days from the date of the Invoice. If during such thirty 3 day period Licensee advises 71Pix
that the Image(s) breaches the warranty, 71Pix
will, as Licensee’s sole and exclusive remedy for Licensee’s inability to use any Images as the result of such material and workmanship defects, provide a replacement of the digital copy of such Images or, in 71Pix
’s sole discretion, terminate the License and refund any fee actually paid by Licensee to 71Pix
, provided Licensee has not made any use the Images.
71PIX MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 71Pix
SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE IMAGES, OR OTHERWISE, EVEN IF 71PIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. Licensee may have additional rights under state law.