Common use of Infringement Remedies Clause in Contracts

Infringement Remedies. Should the Licensed Product become or, in the NPSS Licensors’ opinion, be likely to become the subject of a claim or an injunction preventing its use as contemplated herein, SwRI on behalf of the NPSS Licensors may, at its option, (1) procure for End User the right to continue, as applicable, using such Licensed Product, (2) replace or modify the Licensed Product so that it becomes non-infringing, or, if the NPSS Licensors determine, in their sole discretion, that (1) and (2) above are not commercially practical for SwRI, then (3) End User shall return the Licensed Product for a refund depreciated on a two (2) year straight line basis and any related licenses granted under Section 2 shall terminate without further liability to the NPSS Licensors. The NPSS Licensors shall have no liability or obligation to End User hereunder with respect to any infringement or claim thereof based upon alterations or enhancements of the Licensed Product not created by or for the NPSS License. This Section 6.1 states the entire liability of SwRI and the NPSS Licensors with respect to infringement of patents, copyrights, trade secrets, or other intellectual property rights by the Licensed Product or any part thereof or by its operation.

Infringement Remedies. Should the Licensed Product become or, in the NPSS Licensors’ opinion, be likely to become the subject of a claim or an injunction preventing its use as contemplated herein, SwRI on behalf of the NPSS Licensors may, at its option, (1) procure for End User the right to continue, as applicable, using such Licensed Product, (2) replace or modify the Licensed Product so that it becomes non-infringing, or, if the NPSS Licensors determine, in their sole discretion, that (1) and (2) above are a re not commercially practical for SwRI, then (3) End User shall return the Licensed Product for a refund depreciated on a two (2) year straight line basis and any related licenses granted gra nted under Section 2 shall terminate without further liability to the NPSS Licensors. The NPSS Licensors shall have no liability lia bility or obligation to End User hereunder with respect to any infringement or claim thereof based upon alterations or enhancements of the Licensed Product not created by or for the NPSS License. This Section 6.1 states the entire liability of SwRI and the NPSS Licensors with respect to infringement of patents, copyrights, trade secrets, or other intellectual property rights by the Licensed Product or any part thereof or by its operation.

Infringement Remedies. Should the Licensed Product become or, in the NPSS Licensors’ opinion, be likely to become the subject of a claim or an injunction preventing its it s use as a s contemplated herein, SwRI on behalf of the NPSS Licensors may, at its option, (1) procure for f or End User the right to continue, as applicable, using such Licensed Product, (2) replace or modify the Licensed Product so that it becomes non-infringing, or, if the NPSS Licensors determine, in their sole discretion, that (1) and (2) above are not commercially practical for SwRI, then (3) End User shall return the Licensed Product for a refund ref und depreciated on a two (2) year straight line basis and any related licenses granted gra nted under Section 2 shall terminate without further liability to the NPSS Licensors. The NPSS Licensors shall have no liability lia bility or obligation to End User hereunder with respect to any infringement or claim thereof based upon alterations or enhancements of the Licensed Product not created by or for the NPSS License. This Section 6.1 states the entire liability of SwRI and the NPSS Licensors with respect to infringement of patents, copyrights, trade secrets, or other intellectual property rights by the Licensed Product or any part thereof or by its operation.

Infringement Remedies. Should the Licensed Product become or, in the NPSS Licensors’ opinion, be likely to become the subject of a claim or an injunction preventing its use as contemplated herein, SwRI on behalf of the NPSS Licensors may, at its option, (1) procure for End User the right to continue, as applicable, using such Licensed Product, (2) replace or modify the Licensed Product so that it becomes beco mes non-infringing, or, if the NPSS Licensors determine, in their sole discretion, that (1) and (2) above are a re not commercially practical for SwRI, then (3) End User shall return the Licensed Product for a refund depreciated on a two (2) year straight line basis and any related licenses granted gra nted under Section 2 shall terminate without further liability to the NPSS Licensors. The NPSS Licensors shall have no liability lia bility or obligation to End User hereunder with respect to any infringement or claim thereof based upon alterations or enhancements of the Licensed Product not created by or for the NPSS License. This Section 6.1 states the entire liability of SwRI and the NPSS Licensors with respect to infringement of patents, copyrights, trade secrets, or other intellectual property rights by the Licensed Product or any part thereof or by its operation.

Infringement Remedies. Should the Licensed Product become or, in the NPSS Licensors’ opinion, be likely to become the subject of a claim or an injunction preventing its use as contemplated herein, SwRI on behalf of the NPSS Licensors may, at its option, (1) procure for End User the right to continue, as applicable, using such Licensed Product, (2) replace or modify the Licensed Product so that it becomes non-non- infringing, or, if the NPSS Licensors determine, in their sole discretion, that (1) and (2) above are a re not commercially practical for SwRI, then (3) End User shall return the Licensed Product for a refund depreciated on a two (2) year straight line basis and any related licenses granted under Section 2 shall terminate without further liability to the NPSS Licensors. The NPSS Licensors shall have no liability or obligation to End User hereunder with respect to any infringement or claim thereof based upon alterations or enhancements of the Licensed Product not created by or for the NPSS License. This Section 6.1 states the entire liability of SwRI and the NPSS Licensors with respect to infringement of patents, copyrights, trade secrets, or other intellectual property rights by the Licensed Product or any part thereof or by its operation.