Common use of Claims in Case of Intellectual Property Rights Infringements Clause in Contracts

Claims in Case of Intellectual Property Rights Infringements. 6.1. Insofar as intellectual property rights of third parties have been infringed by a Delivery for reasons attributable to PTV, PTV may choose to rectify the situation. In this respect PTV has the following options: a) PTV may obtain a license sufficient for the purposes of this Agreement from the third party that holds the infringed intellectual property right, in favor of the Client. b) PTV may modify the Delivery that infringes intellectual property rights such that the modifications have no impact on the functionality of the relevant Delivery, or an impact that is acceptable for the Client. c) PTV may replace the infringing Delivery with software the contractual use of which does not infringe intellectual property rights and which does not have any impact on the functionality of the Delivery, or which has an impact that is acceptable for the Client. d) PTV may deliver a new version of the Delivery the contractual use of which does not infringe third-party intellectual property rights. 6.2. The Client may require a different form of rectification in each case if it cannot be reasonably expected to accept the form of rectification selected by PTV.

Claims in Case of Intellectual Property Rights Infringements. 6.1. Insofar as intellectual property rights of third parties have been infringed by a Delivery for reasons attributable to PTVPTV AG, PTV AG may choose to rectify the situation. In this respect PTV AG has the following options: a) PTV AG may obtain a license sufficient for the purposes of this Agreement from the third party that holds the infringed intellectual property right, in favor of the Client. b) PTV AG may modify the Delivery that infringes intellectual property rights such that the modifications have no impact on the functionality of the relevant Delivery, or an impact that is acceptable for the Client. c) PTV AG may replace the infringing Delivery with software the contractual use of which does not infringe intellectual property rights and which does not have any impact on the functionality of the Delivery, or which has an impact that is acceptable for the Client. d) PTV AG may deliver a new version of the Delivery the contractual use of which does not infringe third-party intellectual property rights. 6.2. The Client may require a different form of rectification in each case if it cannot be reasonably expected to accept the form of rectification selected by PTVPTV AG.

Claims in Case of Intellectual Property Rights Infringements. 6.1. Insofar as intellectual property rights of third parties have been infringed by a Delivery for reasons directly attributable to PTV, PTV may choose to rectify the situation. In this respect PTV has the following options: a) PTV may obtain a license licence sufficient for the purposes of this Agreement from the third party that holds the infringed intellectual property right, in favor favour of the Client. b) PTV may modify the Delivery that infringes intellectual property rights such that the modifications have no impact on the functionality of the relevant Delivery, or an impact that is acceptable for the Client. c) PTV may replace the infringing Delivery with software the contractual use of which does not infringe intellectual property rights and which does not have any impact on the functionality of the Delivery, or which has an impact that is acceptable for the Client. d) PTV may deliver a new version of the Delivery the contractual use of which does not infringe third-party intellectual property rights. 6.2. The Client may require a different form of rectification in each case if it cannot be reasonably expected to accept the form of rectification selected by PTV.