Common use of Resolution of Intellectual Property Claim Clause in Contracts

Resolution of Intellectual Property Claim. Mimecast may, at its expense and discretion, attempt to resolve any Intellectual Property Claim by: (a) modifying the BEP Services to avoid the alleged infringement; (b) obtaining a license to permit Customer’s use of the BEP Services as contemplated by these BEP Terms; or (c) terminating the rights set forth in these BEP Terms and giving Customer a refund for any fees paid for the remainder of the then-effective Subscription Term. Customer will cooperate fully with Mimecast in the implementation of any above-described resolution. Mimecast will have no liability under this Section 4 to the extent any claim results from the combination of the BEP Services with third-party products, services, data or business processes by Customer or from instructions, content or information supplied by Customer.

Resolution of Intellectual Property Claim. Mimecast may, at its expense and discretion, attempt to resolve any Intellectual Property Claim by: (a) modifying the BEP Services to avoid the alleged infringement; (b) obtaining a license to permit Customer’s use of the BEP Services as contemplated by these BEP Terms; or (c) terminating the rights set forth in these BEP Terms and giving Customer a refund for any fees paid for the remainder of the then-effective Subscription Term. Customer will cooperate fully with Mimecast in the implementation of any above-described resolution. Mimecast will have no liability under this Section 4 to the extent any claim results from the combination of the BEP Services with third-party products, services, data or business processes by Customer or from instructions, content or information supplied by Customer.

Resolution of Intellectual Property Claim. Mimecast may, at its expense and discretion, attempt to resolve any Intellectual Property Claim by: (a) modifying the BEP Services to avoid the alleged infringement; (b) obtaining a license to permit Customer’s use of the BEP Services as contemplated by these BEP Terms; or (c) terminating the rights set forth in these BEP Terms and giving Customer a refund for any fees paid for the remainder of the then-effective Subscription Term. Customer will cooperate fully with Mimecast in the implementation of any above-described resolution. Mimecast will have no liability under this Section 4 to the extent any claim results from the combination of the BEP Services with third-party products, services, data or business processes by Customer or from instructions, content or information supplied by Customer.