Common use of Modification and Replacement Clause in Contracts

Modification and Replacement. Notwithstanding Section 13.1, if any third party asserts that Npcap infringes a third party copyright, trademark, or trade secret, or if Insecure determines that claim of infringement by a third party is possible, it may, at its election and at no additional license fee to Licensee (a) obtain a license from such third party, (b) modify Npcap so that it is not infringing, or (c) refund the applicable License Fee payment. Upon its election of any such alternative Insecure shall incur no further indemnity to Licensee for any continued use by Licensee of Npcap in prior form.

Modification and Replacement. Notwithstanding Section 13.1, if any third party asserts that Npcap infringes a third party copyright, trademark, or trade secret, or if Insecure NSL determines that claim of infringement by a third party is possible, it may, at its election and at no additional license fee to Licensee (a) obtain a license from such third party, (b) modify Npcap so that it is not infringing, or (c) refund the applicable License Fee payment. Upon its election of any such alternative Insecure NSL shall incur no further indemnity to Licensee for any continued use by Licensee of Npcap in prior form.