Common use of Disruption of Use Clause in Contracts

Disruption of Use. In addition, if a Software, Maintenance or Service becomes is or, in Agilos' and/or its licensor's opinion, is likely to become, the subject of an infringement or misappropriation claim as set forth above, Agilos and/or its licensor may, at its own expense and option, elect to either: (a) procure the right for End User to continue using the Software, Maintenance or Services in accordance with the provisions of the Agreement; (b) make such alterations, modifications or adjustments to the Software, Maintenance or Services so that the infringing Software, Maintenance or Services become non-infringing without incurring a material diminution in performance or function; (c) replace the Software, Maintenance or Services with a non-infringing substantially similar substitute; or