5. WARRANTIES. Licensor warrants that, for 90 days following the initial delivery of the Software:
a. the media in which Software is embodied will not be defective and the programs will be properly recorded upon such media; and
b. the Software will function substantially as described in the Documentation.
If it is determined that the Software does not comply with the above warranties, Licensor's only responsibility and Customer's sole and exclusive remedy for any such breach of warranty or any negligence relating to the Software, including, without limitation, as to any installation, maintenance or enhancements, will be for Licensor to use reasonable efforts to correct technical errors or defects in the Software, and/or at Licensor's sole option to repair or replace all or any portion of the Software. This limited warranty does not cover damage to software resulting from accident, misuse or modification of the Software and is valid only if Licensor receives written notice of breach of warranty within such 90-day period.
NO OTHER REPRESENTATION OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF GOOD TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE MADE BY LICENSOR WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION OR SERVICES FURNISHED HEREUNDER. IN NO EVENT WILL LICENSOR BE LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR ANY DAMAGES OR LOST PROFITS OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES WHICH MAY ARISE IN CONNECTION WITH THIS AGREEMENT OR ANY SOFTWARE, DOCUMENTATION OR SERVICES, INCLUDING BY REASON OF ANY NEGLIGENCE. IN NO EVENT WHATSOEVER SHALL LICENSOR HAVE ANY LIABILITY HEREUNDER FOR A CUMULATIVE AGGREGATE AMOUNT IN EXCESS OF LICENSING FEES PAID BY CUSTOMER.
