Common use of CANCELLATION OF LICENSE Clause in Contracts

CANCELLATION OF LICENSE. If, despite its best efforts to do so, Seller is unable to effect a cure under the paragraph entitled "Cure" of this clause, and a permanent injunction ordering Buyer and its subsidiaries to cease further use of the Goods is issued by a court of competent jurisdiction, either party may cancel the Contract under which the Goods were ordered, either in whole or in part, whereupon Buyer may return all or any portion of the Goods to Seller for a full refund. Any license granted under this Agreement with respect to the returned Goods will terminate as of the effective date of the cancellation. This remedy is in addition to, not in lieu of, Seller's obligations under the paragraph entitled "Indemnity" of this clause and any other remedy provided at law or equity.

CANCELLATION OF LICENSE. If, despite its best efforts to do so, Seller is unable to effect a cure under the paragraph entitled "Cure" of this clause, and a permanent injunction ordering Buyer and its subsidiaries to cease further use of the Goods is issued by a court of competent jurisdiction, either party may cancel the Contract under which the Goods were ordered, either in whole or in part, whereupon Buyer may return all or any portion of the Goods to Seller for a full refundrefund of all fees (including license, support and maintenance). Any license granted under this Agreement with respect to the returned Goods will terminate as of the effective date of the cancellation. This remedy is in addition to, not in lieu of, Seller's obligations under the paragraph entitled "Indemnity" of this clause and any other remedy provided at law or equity.