Common use of Exclusive Liability Clause in Contracts

Exclusive Liability. We will have the right, at our option and expense, to (1) obtain rights for you to use the Software; (2) replace or modify the Software so that it becomes non-infringing; or (3) accept return of the Software, upon which the applicable license(s) will terminate, in exchange for a credit, with respect to perpetually licensed Software, not to exceed the purchase price paid by you for such Software based upon a three (3) year straight line depreciation, and with respect to subscription Software, based on the applicable pro-rated portion of the amount paid for the corresponding payment term, calculated monthly. The remedies set forth in this Section 9, subject to the restrictions set forth in Sections 9(c) and 10 below, state our exclusive liability to you concerning infringement and misappropriation.

Exclusive Liability. We will have the right, at our option and expense, to (1) obtain rights for you to use the Software; (2) replace or modify the Software so that it becomes non-infringing; or (3) accept return of the Software, upon which the applicable license(s) will terminate, in exchange for a credit, with respect to perpetually licensed Software, not to exceed the purchase price paid by you for such Software based upon a three (3) year straight line depreciation, and with respect to subscription Software, based on the applicable pro-rated portion of the ofthe amount paid for the corresponding payment term, calculated monthly. The remedies set forth in this Section 9, subject to the restrictions set forth in Sections 9(c) and 10 below, state our exclusive liability to you concerning infringement and misappropriation.