Common use of Disruption of Use Clause in Contracts

Disruption of Use. In addition, if any BluBØX Application becomes, or in BluBØX’s opinion is likely to become, the subject of an infringement or misappropriation claim that may disrupt End User’s use of the BluBØX Application, BluBØX may, at its own expense and option, elect to either: (i) procure the right for the End User to continue using the BluBØX Application in accordance with the provisions of this Agreement, the applicable XXXX or Subscription Agreement, (ii) make such alterations, modifications or adjustments to the BluBØX Application so that the infringing BluBØX Application becomes non-infringing without incurring a material diminution in performance or function, (iii) replace the BluBØX Application with a non-infringing substantially similar substitute, or (iv) if neither (i), (ii) nor (iii) can be achieved after the exercise of commercially reasonable efforts, terminate the license or service involving the affected BluBØX Application and refund to Reseller an amount equal to all amounts paid by Reseller to BluBØX as license or subscription fees with respect to the affected BluBØX Application, less an amount equal to depreciation of such license or subscription fees calculated on a three-year straight-line basis from the delivery or commencement date.