Common use of Enjoined Use Clause in Contracts

Enjoined Use. If we believe the Dataset may be or is subject to an infringement claim, or if a court of competent jurisdiction enjoins your use of the Dataset as a result of an infringement claim, vAIsual may, at our expense and our discretion: (a) procure for you the right to continue using the Dataset; (b) modify the Dataset to make it non-infringing; or (c) replace it with a non-infringing equivalent. If we believe that none of these options is reasonably available, then we may terminate the license to the allegedly infringing Dataset and our sole liability will be to refund to you the license fees you paid for such Dataset.

Appears in 4 contracts

Samples: Subscription End User License Agreement, Standard End User License Agreement, Enhanced Subscription End User License Agreement

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