Common use of Continued Use Clause in Contracts

Continued Use. At BlueCat’s sole expense and discretion, in response to any pending or potential infringement claim, BlueCat may: (a) procure for Reseller the right to continue using the Product or applicable portion thereof; (b) modify Product or applicable portion thereof so that it is non- infringing, provided the modified Product performs in substantially the same manner without reasonable degradation of functionality; or (c) terminate this Agreement either entirely or only as it relates to the Product in question or the applicable portion thereof and upon return of the Product in question or the applicable portion thereof or certification of destruction, refund to Reseller the unamortized or unexpensed portion of the purchase price allocated to that portion of the Product, based on a three-year straight line amortization, determined in accordance with BlueCat’s generally accepted accounting principles.

Continued Use. At BlueCat’s sole expense and discretion, in response to any pending or potential infringement claim, BlueCat may: (a) procure for Reseller the right to continue using the Product or applicable portion thereof; (b) modify Product or applicable portion thereof so that it is non- non-infringing, provided the modified Product performs in substantially the same manner without reasonable degradation of functionality; or (c) terminate this Agreement either entirely or only as it relates to the Product in question or the applicable portion thereof and upon return of the Product in question or the applicable portion thereof or certification of destruction, refund to Reseller the unamortized or unexpensed un-expensed portion of the purchase price allocated to that portion of the Product, based on a three-year straight line amortization, determined in accordance with BlueCat’s generally accepted accounting principles.

Continued Use. At BlueCat’s sole expense and discretion, in response to any pending or potential infringement claim, BlueCat may: (a) procure for Reseller Customer the right to continue using the Product or applicable portion thereof; (b) modify Product or applicable portion thereof so that it is non- non-infringing, provided the modified Product performs in substantially the same manner without reasonable degradation of functionality; or (c) terminate this Agreement either entirely or only as it relates to the Product in question or the applicable portion thereof and upon return of the Product in question or the applicable portion thereof or certification of destruction, refund to Reseller Customer the unamortized or unexpensed portion of the purchase price allocated to that portion of the Product, based on a three-year straight line amortization, determined in accordance with BlueCat’s generally accepted accounting principles.