Common use of Replacement Software Clause in Contracts

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. 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 (b) 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).