Common use of Replacement Option Clause in Contracts

Replacement Option. Subject to clause 10.4, if any part of the Services infringe, or we reasonably believe they may infringe, Intellectual Property Rights, we may, at our own expense and option: (i) procure the right for you to continue use of such Services; (ii) replace or modify such Services so that they become non-infringing without material loss of functionality; or (iii) if (i) and (ii) are not feasible, terminate this Agreement and refund to you a pro-rata portion of any prepaid and unused fees for the Services covering the period following the effective date of termination.

Appears in 2 contracts

Sources: Terms of Service, Terms of Service