INFRINGEMENT OF RIGHTS OF THIRD PARTIES. 10.1 In the event that the Software is held or believed by the Licensor to infringe third party copyright or patent rights, or the Licensee's use of the Software is enjoined, the Licensor will have the option, at its expense, to (i) modify the Software to cause it to become non-infringing; (ii) obtain for the Licensee a licence to continue using the Software; (iii) substitute the Software with other Software reasonably suitable to the Licensee, or (iv) if none of the foregoing remedies are commercially feasible, in Licensor’s sole but reasonable determination, terminate the licence for the infringing Software and refund any licence fees paid for the Software, prorated over a three-year term from the date of purchase of such infringing Software.
Appears in 1 contract
Samples: Licence Agreement
INFRINGEMENT OF RIGHTS OF THIRD PARTIES. 10.1 12.1 In the event that the Software is held or believed by the Licensor to infringe third party copyright or patent rights, or the Licensee's use of the Software is enjoined, the Licensor will have the option, at its expense, to (i) modify the Software to cause it to become non-infringing; (ii) obtain for the Licensee a licence to continue using the Software; (iii) substitute the Software with other Software reasonably suitable to the Licensee, or (iv) if none of the foregoing remedies are commercially feasible, in Licensor’s sole but reasonable determination, terminate the licence Licence for the infringing Software and refund any licence fees paid for the Software, prorated over a three-three- year term from the date of purchase of such infringing Software.
Appears in 1 contract
INFRINGEMENT OF RIGHTS OF THIRD PARTIES. 10.1 9.1 In the event that the Software is held or believed by the Licensor to infringe third party copyright or patent rights, or the Licensee's use of the Software is enjoined, the Licensor will have the option, at its expense, to (i) modify the Software to cause it to become non-infringing; (ii) obtain for the Licensee a licence license to continue using the Software; (iii) substitute the Software with other Software reasonably suitable to the Licensee, or (iv) if none of the foregoing remedies are commercially feasible, in Licensor’s sole but reasonable determination, terminate the licence License for the infringing Software and refund any licence license fees paid for the Software, prorated over a three-year term from the date of purchase of such infringing Software.
Appears in 1 contract
INFRINGEMENT OF RIGHTS OF THIRD PARTIES. 10.1 12.1 In the event that the Software is held or believed by the Licensor to infringe third party copyright or patent rights, or the Licensee's use of the Software is enjoined, the Licensor will have the option, at its expense, to (i) modify the Software to cause it to become non-infringing; (ii) obtain for the Licensee a licence to continue using the Software; (iii) substitute the Software with other Software reasonably suitable to the Licensee, or (iv) if none of the foregoing remedies are commercially feasible, in Licensor’s sole but reasonable determination, terminate the licence Licence for the infringing Software and refund any licence fees paid for the Software, prorated over a three-year term from the date of purchase of such infringing Software.
Appears in 1 contract
Samples: d3p4pd9dc2ks9m.cloudfront.net