Enjoinment Clause Samples

Enjoinment. If Customer's use of the Services or the RagingWire Supplied Equipment under the terms of this Agreement is, or in RagingWire's opinion is likely to be, enjoined or RagingWire desires to limit its exposure to an Action, then RagingWire may, at its sole option and expense, either: (i) procure for Customer the right to continue using such Services or RagingWire Supplied Equipment under the terms of this Agreement; (ii) replace or modify such Services or RagingWire Supplied Equipment so that it is or they are non-infringing and substantially equivalent in function to the enjoined Services or RagingWire Supplied Equipment; or (iii) if options (i) and (ii) above cannot be accomplished despite the reasonable efforts of RagingWire, then RagingWire may terminate Customer's rights and RagingWire's obligations under this Agreement with respect to such Services or RagingWire Supplied Equipment and refund to Customer the unearned portion of any fees paid to RagingWire.

Enjoinment. Without limiting the forgoing, and notwithstanding anything to the contrary in this Agreement, if use of the Cloud Service, Documentation or Professional Services are enjoined, or Couchbase determines that such use may be enjoined, Couchbase will, at its sole option and expense, (i) procure for Customer the right to continue using the affected Cloud Service or Documentation or Professional Services; (ii) replace or modify the affected Cloud Service, Documentation or Professional Services that infringe so that they do not infringe; or (iii) if either option (i) or (ii) is not commercially feasible in Couchbase’s reasonable opinion, as applicable, terminate the Cloud Service and affected Professional Services and in the case of such termination refund Customer a pro-rata amount of the Fees for the affected portion of the Cloud Service or Professional Services.

Enjoinment. If Customer’s use of the Software is or, in Licensor’s determination, is likely to be enjoined, Licensor may, at its option and expense, without limiting its indemnity obligations hereunder, procure the right for Customer to continue to use the Software or modify the Software in a manner that has materially equivalent functionality so as to avoid such injunction. If the foregoing options are not available on commercially reasonable terms and conditions, Licensor may require the return of any such Software and refund to Customer amounts paid for such Software less a credit for use based on straight line depreciation applied on a quarterly basis over five (5) years from the date of initial delivery of the Software.

Enjoinment. If Customer’s use of the Software, Subscription Service or Service Deliverables is or, in Licensor’s determination, is likely to be enjoined, Licensor may, at its option and expense, without limiting its indemnity obligations hereunder, procure the right for Customer to continue to use the Software or Service Deliverables or modify the Software or Service Deliverables in a manner that has materially equivalent functionality so as to avoid such injunction. If the foregoing options are not available on commercially reasonable terms and conditions, Licensor may require the return of any such Software or Service Deliverables and refund to Customer amounts paid for such Software or Service Deliverables less a credit for use based on straight line depreciation applied on a quarterly basis over five (5) years from the date of initial delivery of the Software or a Service Deliverable. c. L'adhésion. Si l'utilisation par le Client du Logiciel, du Service d'abonnement ou des Prestations de Service est ou, selon la détermination du Concédant, est susceptible d'être interdite, le Concédant peut, à sa discrétion et à ses frais, sans limiter ses obligations d'indemnisation en vertu des présentes, accorder au Client le droit de continuer à utiliser le Logiciel ou les Prestations de Service ou de modifier le Logiciel ou les Prestations de Service d'une manière qui présente des fonctionnalités matérielles équivalentes afin d'éviter une telle interdiction. Si les options précédentes ne sont pas disponibles à des conditions commerciales raisonnables, le Concédant peut exiger le retour de ces Logiciels ou des Prestations de Service et rembourser au Client les montants payés pour ces Logiciels ou Prestations de Service moins un crédit d'utilisation basé sur un amortissement linéaire appliqué trimestriellement sur cinq (5) ans à partir de la date de livraison initiale du Logiciel ou d'une Prestation de Service.

Enjoinment. If Green Cloud services are enjoined, or are likely to be enjoined, then Green Cloud may at its sole option and expense either: (a) Obtain the right for Reseller and its customers to continue using Green Cloud services; (b) Replace or modify Green Cloud services so that they are non-infringing and substantially equivalent in function to the enjoined services; or (c) If options (a) and (b) above cannot be accomplished despite Green Cloud’s commercially reasonable efforts, then Green Cloud may terminate Reseller’s rights and Green Cloud’s obligations under the Agreements with respect to the relevant Green Cloud services and refund to Reseller the unearned portion of any charges paid to Green Cloud.

Enjoinment. If the Services under the terms of this Agreement are, or are likely to be, enjoined or RagingWire desires to limit its exposure to an Action, then RagingWire may, at its sole option and expense, either: (a) Procure for Client the right to continue using such Services under the terms of this Agreement; (b) Replace or modify such Services so that it is or they are non-infringing and substantially equivalent in function to the enjoined Services; or (c) If options (a) and (b) above cannot be accomplished despite the commercially reasonable efforts of RagingWire, then either party may terminate this Agreement with respect to such Services and RagingWire will refund to Client the unearned portion of any fees paid to RagingWire.

Enjoinment. If MTrac is enjoined (either temporarily or permanently) from using the Software in the manner described herein, GreenBox shall, at its option, either (1) replace the application, without additional charge, with a comparable, functionally equivalent and non-infringing product; (2) modify the Software to avoid the infringement; or (3) obtain a license for MTrac to continue to use the Software for the duration of the term and pay for any additional fee required for such license.

Enjoinment. If Customer’s use of the Software, Subscription Service or Service Deliverables is or, in Licensor’s determination, is likely to be enjoined, Licensor may, at its option and expense, without limiting its indemnity obligations hereunder, procure the right for Customer to continue to use the Software or Service Deliverables or modify the Software or Service Deliverables in a manner that has materially equivalent functionality so as to avoid such injunction. If the foregoing options are not available on commercially reasonable terms and conditions, Licensor may require the return of any such Software or Service Deliverables and refund to Customer amounts paid for such Software or Service Deliverables less a credit for use based on straight line depreciation applied on a quarterly basis over five (5) years from the date of initial delivery of the Software or a Service Deliverable. If within a reasonable period of time set by Customer, Licensor fails to indemnify Customer subject to Section 6(c) above, Customer may at its sole discretion withdraw from this Agreement or reduce the purchase price and claim damages. d.

Enjoinment. If Client's use of the Services under the terms of this Agreement is, or is likely to be, enjoined or RagingWire desires to limit its exposure to an Action, then RagingWire may, at its sole option and expense, either: (a) procure for Client the right to continue using such Services under the terms of this Agreement; (b) replace or modify such Services so that it is or they are non-infringing and substantially equivalent in function to the enjoined Services; or (c) if options (a) and (b) above cannot be accomplished despite the reasonable efforts of RagingWire, then RagingWire may terminate Client's rights and RagingWire's obligations under this Agreement with respect to such Services and refund to Client the unearned portion of any fees paid to RagingWire.