Common use of Product Infringement Clause in Contracts

Product Infringement. Upon threat of claim of infringement, Vendor may, at its expense and option (i) procure the right to continue using any part of Product, (ii) replace the infringing Product with a non-infringing Product of similar performance, or (iii) modify Product to make it non-infringing. If Vendor does not so act within ninety (90) days after such claim, Ingram may return Product to Vendor for a full credit against future purchases or for a cash refund, at Xxxxxx'x option.

Appears in 2 contracts

Samples: Distribution Agreement (Piranha Interactive Publishing Inc), Distribution Agreement (Netobjects Inc)

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Product Infringement. Upon threat of claim of infringement, -------------------- Vendor may, at its expense and option (i) procure the right to continue using any part of Product, (ii) replace the infringing Product with a non-infringing Product of similar performance, or (iii) modify Product to make it non-non- infringing. If Vendor does not so act within ninety (90) days after such claim, Ingram Xxxxxx may return Product to Vendor for a full credit against future purchases or for a cash refund, at Xxxxxx'x option.

Appears in 1 contract

Samples: Distribution Agreement (Ramp Networks Inc)

Product Infringement. Upon threat of claim of infringement, Vendor may, at its expense and option (i) procure the right to continue using any part of Product, (ii) replace the infringing Product with a non-infringing Product of similar performance, or (iii) modify Product to make it non-infringing. If Vendor does not so act within ninety (90) days after such claim, Ingram Ingrain may return Product to Vendor for a full credit against future purchases or for a cash refund, at Xxxxxx'x option.

Appears in 1 contract

Samples: Distribution Agreement (Telenetics Corp)

Product Infringement. Upon threat of claim of infringement, Vendor may, at its expense and option (i) procure the right to continue using any part of Product, (ii) replace the infringing Product with a non-infringing Product of similar performance, or (iii) modify Product to make it non-infringing. If Vendor does not so act within ninety (90) * days after such claim, . Ingram may return Product to Vendor for a full credit against future purchases or for a cash refund*, at Xxxxxx'x Xxxxxx’x option.

Appears in 1 contract

Samples: Distribution Agreement (Pumatech Inc)

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Product Infringement. Upon threat of claim of infringement, Vendor may, -------------------- at its expense and option (i) procure the right to continue using any part of Product, (ii) replace the infringing Product with a non-infringing Product of similar performance, or (iii) modify Product to make it non-infringing. If Vendor does not so act within ninety (90) days after such claim, Ingram may return Product to Vendor for a full credit against future purchases or for a cash refund, at Xxxxxx'x option.

Appears in 1 contract

Samples: Distribution Agreement (Beatnik Inc)

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