Common use of Enjoinment Clause in Contracts

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.