IP Claims. If an IP Claim is asserted, or if SIEMonster reasonably believes that an IP Claim is likely to be asserted, then SIEMonster may do either of the following at its expense: (i) obtain the right to use the Software or Services free from the claimed infringement; or (ii) modify the Software or Service so that they are no longer subject to the claimed infringement but are functionally equivalent. If SIEMonster is not able to do either on commercially reasonable terms, then SIEMonster may terminate the license for the Software or the Order for the Services, as applicable, that is the subject of the IP Claim on ninety (90) days advance written notice, and refund to Customer: (i) any pre-paid fees for unused Services or subscription license periods, or (ii) if the Software was licensed on a perpetual basis an amount equal to unamortized license fees based on a thirty-six (36) month amortization schedule.
Appears in 3 contracts
Samples: Master Purchase Agreement, Siemonster Master Purchase Agreement, Siemonster End Customer Agreement
