MODIFICATION BY FUJITSU Sample Clauses
MODIFICATION BY FUJITSU. If any allegation of infringement with respect to the Fujitsu-brand Equipment or Software is made or in Fujitsu’s opinion is likely to be made, Fujitsu may, at its sole option and expense, (i) procure for Customer the right to continue using such Equipment or Software; (ii) modify such Equipment or Software so as to avoid the infringement; (iii) replace such Equipment or Software with a functionally similar version, provided that Customer ceases the use of the Equipment or Software in question, or (iv) refund
MODIFICATION BY FUJITSU. If any Fujitsu-
MODIFICATION BY FUJITSU. If any Fujitsu-brand Equipment or Software becomes the subject of a claim under A3.2 above or in Fujitsu’s opinion is likely to become the subject of such a claim, Fujitsu may, at its sole option and expense, (i) procure for Customer the right to continue using such Equipment or Software; (ii) modify such Equipment or Software so as to avoid the infringement or misappropriation; (iii) replace such Equipment or Software with a functionally similar version, provided that Customer ceases the use of the Equipment or Software in question, or (iv) refund the Equipment purchase price or Software License charges paid to Fujitsu by Customer for such Equipment or Software less an amount for depreciation or amortization based on a five year straight line depreciation or amortization schedule, provided Customer ceases using and returns such Equipment or Software to Fujitsu.