Replacement Software. If we provide software which replaces all or part of the Software, the licence described in clause 2 will cover you to use it, from the date you first use the replacement software. To allow a smooth changeover to the replacement software, you may continue to use both the Software and the replacement software for three months, then the licence to use the original Software will stop and only cover the replacement software, and the wording of clause 15 (about returning the Software) will apply to the original Software.
Replacement Software. If any particular Licensed Software is -------------------- subject to a Claim, or Altiris reasonably believes that the Licensed Software may become subject to a Claim, then Altiris may, at its sole option and expense do one of the following: (i) obtain an appropriate license to allow continued use of the Licensed Software in question in accordance with this Agreement; (ii) replace such Licensed Software with non-infringing software of substantially equivalent or better functions and efficiency; or (iii) if Altiris in its sole discretion believes that either of the foregoing options is not commercially practical, terminate Compaq's right to use or distribute such Licensed Software, in which case Altiris shall refund the amount Compaq previously paid to Altiris for the use by Compaq of such Licensed Software, less a portion thereof to account for the period of use. The portion shall be a pro-rated portion based on a four (4)-year useful life. For example, if the period of use is three years, then the portion refunded shall equal 25%. The obligations and rights in this Section 10.5(b) are in addition to, and not exclusive of, those in Section 10.5(a).
Replacement Software. Promptly following its use of any Updates, Bug Fixes or other replacement software as designated by OSIsoft and accepted by Licensee (“Replacement Software”), except for archival copies, Licensee will return or destroy the OSIsoft Software replaced by the Replacement Software. Licensee will not receive any credit for software replaced by Replacement Software.
Replacement Software. If any portion of the Developer Materials is held, or in YouNow’s reasonable opinion is likely to be held, to infringe or misappropriate a third party’s intellectual property rights, or use of the Developer Materials is otherwise enjoined, then YouNow may at its sole option and expense, within a commercially reasonable period of time: (i) procure for PeerStream the right to continue using the Developer Materials; (ii) modify or replace the Developer Materials so that they are non-infringing; or (iii) in the event that neither of the foregoing is reasonably practicable, terminate this Agreement.
Replacement Software. If Tanium introduces a successor product (“Replacement Software”) with substantially the same features and functionality as the original Licensed Software, and Customer has purchased and is entitled to Support Services for the original Licensed Software as of the date Tanium offers the Replacement Software to customers, then Customer shall be entitled to receive, upon request, the Replacement Software (without additional charge) and Support Services thereon. Customer must de-install and destroy the original Licensed Software.
Replacement Software. If you obtain Replacement Software which replaces all or part of the Software (for example a new release) the Licence described in paragraph 4 will cover you to use it, from the date you first use Replacement Software. To allow a smooth change over to the Replacement Software, you may continue to use both the Software and the Replacement Software for 3 months. Then the Licence to use the Software will stop and only cover the Replacement Software, and the wording of paragraph 9.4 (about returning the Software) will apply to the replaced Software.
Replacement Software. Should the Software become, or if in XxxxXxxxx’s opinion is likely to become, the subject of a claim of infringement of a patent, trade secret, trademark, or copyright, NiceLabel may (a) procure for the Customer, at no additional cost to the Customer, the right to continue to use the Software, (b) replace or modify the Software, at no cost to the Customer, to make it non-infringing, provided that the same function is performed by the replacement or modified Software, or (c) if in NiceLabel’s judgment the right to continue to access the Software cannot be reasonably procured or the Software cannot reasonably be replaced or modified, terminate the Agreement (or the applicable Order) and grant the Customer a pro-rated refund of any advance Fees paid applicable to the remainder of the Subscription Term. This Section 10 states the entire liability of NiceLabel with respect to infringement by NiceLabel software, or any parts thereof, and NiceLabel shall have no additional liability with respect to any alleged or proven infringement.
Replacement Software. In the event that the [**] is damaged or destroyed, Amdocs shall provide an additional copy of the [**] for the cost of replacement media plus reasonable administrative and postage charges.
Replacement Software. If any portion of the Software is held, or in Kespry’s reasonable opinion is likely to be held, to infringe or misappropriate a third party’s intellectual property rights, or use of the Software is otherwise enjoined, then Kespry may at its sole option and expense, within a commercially reasonable period of time: (i) procure for Customer the right to continue using the Software; (ii) replace the Software with non-infringing software; or (iii) in the event that neither of the foregoing is reasonably practicable, terminate this Agreement.
Replacement Software. If your supplier is an appropriately accredited Sage business partner, we will provide them with replacement software, so long as they have entered into the necessary contractual arrangements with us. You should contact your supplier regarding your contractual arrangements with them for receiving replacement software. If you receive replacement software which replaces all of the software, from the date you install the replacement software, your licence to use the software will stop and be replaced with a licence to use the replacement software. To allow you to decide whether you want to change to the replacement software, and a smooth change over if you do, you may continue to use both the software and the replacement software for up to 3 months.
