Common use of IP Remedies Clause in Contracts

IP Remedies. If Qumulo reasonably believes the Subscription Services (or any component thereof) could infringe any third party’s Intellectual Property Rights, Qumulo may, at its sole option and expense use commercially reasonable efforts to: (i) modify or replace the Subscription Services, or any component or part thereof, to make it non-infringing; or (ii) procure the right for you to continue Use. If Qumulo determines that neither alternative is commercially practicable, Qumulo may terminate this Agreement, in its entirety or with respect to the affected component, by providing written notice to you. In the event of any such termination, Qumulo will refund to you a pro-rata portion of the Fees that have been paid for the unexpired portion. The rights and remedies set forth in this Section 8 will constitute your sole and exclusive remedy for any infringement or misappropriation of Intellectual Property Rights in connection with the Subscription Services.