Common use of Potential Infringement Clause in Contracts

Potential Infringement. If SurveyMonkey believes the technology used to provide the Services may infringe or may be alleged to infringe a third party’s Intellectual Property Rights, then SurveyMonkey may: (a) obtain the right for Customer, at SurveyMonkey’s expense, to continue using the Services; (b) provide a non-infringing functionally equivalent replacement; or (c) modify the Services so that they no longer infringe. If SurveyMonkey does not believe that the foregoing options are commercially reasonable, then SurveyMonkey may suspend or terminate Customer’s use of the impacted Services and provide a pro rata refund of any fees prepaid by Customer applicable to the period following the termination of such Services.

Potential Infringement. If SurveyMonkey believes the technology used to provide the Services may infringe or may be alleged to infringe a third party’s Intellectual Property Rightsintellectual property rights, then SurveyMonkey may: (a) obtain the right for the Customer, at SurveyMonkey’s expense, to continue using the Services; (b) provide a non-non- infringing functionally equivalent replacement; or (c) modify the Services so that they no longer infringe. If SurveyMonkey does not believe that the foregoing options are commercially reasonable, then SurveyMonkey may suspend or terminate the Customer’s use of the impacted Services and provide a pro rata refund of any fees prepaid by the Customer applicable to the period following the termination of such Services.

Potential Infringement. If SurveyMonkey believes the technology used to provide the Services may infringe or may be alleged to infringe a third party’s Intellectual Property Rights, then SurveyMonkey may: (a) obtain the right for Customer, at SurveyMonkey’s expense, to continue using the Services; (b) provide a non-infringing functionally equivalent replacement; or (c) modify the Services so that they no longer infringe. If SurveyMonkey does not believe that the foregoing options are commercially reasonable, then SurveyMonkey may suspend or terminate Customer’s use of the impacted Services and provide a pro rata refund of any fees prepaid by the Customer applicable to the period following the termination of such Services.