Infringement Cures. Should Customer’s use of the Products, Subscription Services or Deliverables is determined, pursuant to an Infringement Claim, have infringed any third party intellectual property rights, or if in Axway’s reasonable judgment such use is likely to be infringing, Axway shall have the right, at Axway’s sole option and expense, to either: (a) procure for Customer the right to continue using the infringing Products, Subscription Services, or Deliverables or; (b) replace or modify such Products, Subscription Services, or Deliverables with a functionally equivalent replacement or modification so they become non-infringing. If neither (a) nor (b) is commercially reasonable in Axway’s reasonable opinion, Axway may (i) with respect to the uncured Professional Services, Axway may refund the prepaid fees for the relevant Deliverables or (ii) with respect to the purchased Subscription Services, Axway may terminate the access to the relevant Subscription Services and refund unused prepaid fees calculated against the remainder of the Subscription Term from the date of such termination. THE FOREGOING STATES CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND AXWAY’S SOLE AND EXCLUSIVE LIABILITY WITH RESPECT TO INFRINGEMENT CLAIMS.
Infringement Cures. Following notice of an Infringement Claim, or if MATRITECH believes such a claim is likely, MATRITECH may at its sole expense and option: (a) [**]or (b) [**]or (c) [**]
Infringement Cures. Following notice of an Infringement Claim, or if Citrix believes such a claim is likely, Citrix may at its sole expense and option, (1) procure for Licensee the right to continue to market, use and have others use, the alleged infringing Citrix Product(s), (ii) replace or modify the appropriate Citrix Product(s) to make them non-infringing, or (iii) accept return of the Citrix Product(s) and refund as appropriate payments made therefor by Licensee.
Infringement Cures. Following notice of an Infringement Claim, or if MicroStrategy believes such a claim is likely, MicroStrategy may at its sole expense and option (i) procure for Netgen the right to continue to market, use and have others use, the alleged infringing MicroStrategy Product; (ii) replace or modify the MicroStrategy Product to make it non-infringing; or (iii) accept return of the MicroStrategy Product and refund payments made therefor by Netgen.
Infringement Cures. If Customer’s use of any of the Services is, or in Citrix’ opinion is likely to be, enjoined as a result of an Infringement Claim, Citrix shall, at its sole option and expense, either (i) procure for Customer the right to continue to use the Services as contemplated herein, or (ii) replace or modify the Services to make their use non-infringing without degradation in performance or a material reduction in functionality and notify Customer to discontinue use of the prior version, which Customer shall do immediately. If options (i) and (ii) above are not reasonably available, Citrix may, in its sole discretion and upon written notice to Customer, terminate this Agreement, cancel access to the Services and refund to Customer any prepaid, but unused Fees.
Infringement Cures. Should the Products or any part thereof become the subject of a claim for infringement of a third party Intellectual Property Right, then Scytl Canada shall, at its sole expense: (i) procure for the City the right to use and access the infringing or potentially infringing item(s) of the Solution free of any liability for infringement; or (ii) replace or modify the infringing or potentially infringing item(s) of the Solution with a non-infringing substitute otherwise materially complying with the functionality of the replaced system. If (i) and (ii) are not commercially reasonable, Scytl Canada may terminate the Agreement in which case the City shall receive a refund of all prepaid, unearned fees for Services paid to Scytl Canada.
Infringement Cures. If Customer’s use of any of the Services is, or in Hive Streaming’s opinion is likely to be, enjoined as a result of an Infringement Claim, Hive Streaming shall, at its sole option and expense, either (i) procure for Customer the right to continue to use the Services as contemplated herein, or (ii) replace or modify the Services to make their use non-infringing without degradation in performance or a material reduction in functionality. If options (i) and (ii) above are not reasonably available, Hive Streaming may, in its sole discretion and upon written notice to Customer, terminate this Agreement, cancel access to the Services and refund to Customer any prepaid, but unused Fees.
Infringement Cures. Should the Software or any part thereof become, or in Cornerstone’s reasonable opinion be likely to become, the subject of a claim for infringement of a third party intellectual property right, then Cornerstone may, at its sole option and expense:
Infringement Cures. Should the Software or any part thereof become, or in VWork’s reasonable opinion be likely to become, the subject of a claim for infringement of a third party Intellectual Property Right, then VWork shall, at its sole option and expense: (i) procure for Client the right to use and access the infringing or potentially infringing item(s) of the Software free of any liability for infringement; or (ii) replace or modify the infringing or potentially infringing item(s) of the Software with a noninfringing substitute otherwise materially complying with the functionality of the replaced system. If (i) and (ii) are not reasonably available in VWork’s reasonable opinion, VWork may terminate the Agreement in which case Client shall receive a refund of prepaid, unearned fees.
Infringement Cures. If Customer’s use of any of the Services is, or in Invoca’s opinion is likely to be, enjoined as a result of an Infringement Claim, Invoca may, at its sole option and expense, either (i) procure for Customer the right to continue using the Services as contemplated herein, or (ii) replace or modify the Services to make their use non-infringing without degradation in performance or a material reduction in functionality. If options (i) and (ii) above are not reasonably available, Invoca may, in its sole discretion and upon written notice to Customer, terminate the Terms, cancel access to the Services and refund to Customer any prepaid, but unused subscription fees.
