Possible Infringement. If Host Compliance believes the Services infringe or may be alleged to infringe a third party's Intellectual Property Rights, then Host Compliance may (i) obtain the right for Customer, at Host Compliance' expense, to continue using the Services; (ii) provide a non-infringing functionally equivalent replacement for the Services; or (iii) modify the Services so that they no longer infringe. If Host Compliance does not believe the options described in this section are reasonable then Host Compliance may suspend or terminate this Agreement and/or Customer's use of the affected Services with no further liability or obligation to the Customer other than the obligation to provide the Customer with a pro-rata refund of pre-paid fees for the affected portion of the Services.
Possible Infringement. If Think Power believes the Services infringe or may be alleged to infringe a third party's Intellectual Property Rights, then Think Power may: (i) obtain the right for Customer, at Think Power's expense, to continue using the Services; (ii) provide a non-infringing functionally equivalent replacement; or (iii) modify the Services so that they no longer infringe. If Think Power does not believe the options described in this section are commercially reasonable then Think Power may suspend or terminate Customer's use of the affected Services.
Possible Infringement. If Lookout believes the Services infringe or may be alleged to infringe a third party's Intellectual Property Rights, then Lookout may at it sole discretion: (i) obtain the right for Customer, at Lookout's expense, to continue using the Services; (ii) provide a non-infringing replacement with substantially similar functionality; or (iii) modify the Services so that they no longer infringe.
Possible Infringement. In the event that we, in our sole discretion, reasonably determine, that the Product, or any portion thereof, infringes or misappropriates, or may infringe or misappropriate, any third-party Intellectual Property Right, we will, as your sole and exclusive remedy (but without limitation of our indemnification obligations under Section 12), and at our sole discretion, either: (a) obtain a license, at reasonable cost, for you to continue using the Product, or portion thereof; (b) modify the Product while retaining substantively equivalent functionality; (c) replace the affected Product with functionally equivalent software or services; or (d) terminate the applicable License in whole or in part and give you a refund for any unused, prepaid fees for the infringing Product covering the remainder of the Initial Term or Renewal Term, as applicable, after the date of termination.
Possible Infringement. If Lookout believes the Services infringe or may be alleged to infringe a third party's Intellectual Property Rights, then Lookout may, at Lookout’s sole discretion: (i) obtain the right for Customer, at Lookout's expense, to continue using the Services; (ii) provide a non-infringing replacement with substantially similar functionality; (iii) modify the Services so that they no longer infringe; or (iv) If none of the foregoing is reasonably possible, then Lookout, in its sole discretion, shall have the right to terminate Agreement, and provide a pro-rata refund to Customer of the fees pre- paid by Customer for which Services have not been provided.
Possible Infringement. If the Cloud Service becomes or, in Rhapsody’s opinion, is likely to become the subject of a claim of infringement, Rhapsody will, at its sole option and expense, (A) obtain the right for Customer to continue using the Cloud Service;
Possible Infringement. You agree to promptly notify us of any unauthorized use of the Licensed Materials upon learning of such.
Possible Infringement. If Bark reasonably believes the Services infringe a third party's Intellectual Property Rights, then Bark will, at Bark’s option: (a) obtain the right for Partner, at Bark’s expense, to continue reselling the Services; (b) provide a non- infringing functionally equivalent replacement; or (c) modify the Services so that it no longer infringes. If Bark does not believe the foregoing options are commercially reasonable, then Bark may suspend or terminate this Agreement. If a suspension under this Section continues for more than six (6) months, either party may either terminate this Agreement with immediate effect or terminate the impacted Services with immediate effect.
Possible Infringement. In the event that Blue Yonder, in its sole discretion, reasonably determines, that the Cloud Service or Deliverables, or any portion thereof, infringes or misappropriates, or may infringe or misappropriate, any third-party Intellectual Property Right, Blue Yonder will, as Customer's sole and exclusive remedy (but without limitation of Blue Yonder's indemnification obligations under Section 11(a)), and at Blue Yonder's sole discretion, either: (i) obtain the right, at reasonable cost, for Customer to continue using the Cloud Service or Deliverables, or relevant portion thereof;
Possible Infringement. In the event that we, in our sole discretion, reasonably determine, that the Subscription Service, or any portion thereof, infringes or misappropriates, or may infringe or misappropriate, any third-party Intellectual Property Right, we will, as your sole and exclusive remedy (but without limitation of our indemnification obligations under Section 12), and at our sole discretion, either: (a) obtain the right, at reasonable cost, for you to continue using the Subscription Service, or portion thereof; (b) modify the Subscription Service while retaining substantively equivalent functionality; (c) provide a non-infringing, functionally equivalent replacement; or (d) terminate the applicable Subscription Service in whole or in part and provide the Authorized Partner (from whom you purchased the Subscription Service) a refund for any unused, prepaid fees paid to us for the infringing Subscription Service covering the remainder of the Subscription Term, after the date of termination.
