Common use of Our Options Clause in Contracts

Our Options. If a final injunction is, or we reasonably believe that it could be, obtained against your use of the Service, or if in our opinion the Service is likely to become the subject of a successful claim of infringement, we may, at our option and expense, (a) replace or modify the Service so that it becomes non-infringing (provided that the functionality is substantially equivalent), (b) obtain for you a license to continue to use the Service, or (c) if neither (a) nor (b) are reasonably practicable, terminate this Agreement on thirty (30) days’ notice and refund to you the unused portion of the fees paid in advance to us for the then-current subscription period for the Service. THE INDEMNIFICATION PROVISIONS SET OUT IN SECTIONS 10.1-10.3 STATE OUR ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY INFRINGEMENT OR ALLEGED INFRINGEMENT BY US OF ANY INTELLECTUAL PROPERTY RIGHTS OR PROPRIETARY RIGHTS IN RESPECT OF THE SERVICE OR ITS USE.

Our Options. If a final injunction is, or we reasonably believe that it could be, obtained against your use of the Service, or if in our opinion the Service is likely to become the subject of a successful claim of infringement, we may, at our option and expense, (a) replace or modify the Service so that it becomes non-infringing (provided that the functionality is substantially equivalent), (b) obtain for you a license to continue to use the Service, or (c) if neither (a) nor (b) are reasonably practicable, terminate this Agreement on thirty (30) days’ notice and refund to you the unused portion of the fees paid in advance to us for the then-current subscription period for the Service. THE INDEMNIFICATION PROVISIONS SET OUT IN SECTIONS 10.19.1-10.3 9.3 STATE OUR ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY INFRINGEMENT OR ALLEGED INFRINGEMENT BY US OF ANY INTELLECTUAL PROPERTY RIGHTS OR PROPRIETARY RIGHTS IN RESPECT OF THE SERVICE OR ITS USE.