If within ninety (90) days from installation LICENSEE discovers a defect which causes the software not to function as documented and if Megasol is not able to eliminate such defect within thirty (30) days, then provided that LICENSEE's account with Megasol is fully paid up, LICENSEE has the right to opt to cancel the ASP service and Megasol shall refund to LICENSEE the ASP service fee (see ง 5) paid for the first quarter of service. No refund of any portion of the setup fee (see ง 5) will be made by Megasol to LICENSEE.