Effect of Infringement Claim. If an Infringement Claim is or, in Graylog’s reasonable belief, is likely to be asserted, (a) Graylog may require Customer to discontinue use of the Software immediately and Customer shall comply with such requirement; and (b) Graylog will, at its sole option, either (i) procure for Customer the right to use and exercise its rights with respect to the Software or Documentation or affected part thereof as provided in these Terms; (ii) replace the Software or Documentation or affected part thereof with other non- infringing products or (iii) modify the Software or Documentation or affected part thereof to make it not infringing while retaining substantially similar functionality; or (c) if the remedies set forth in clause (b) are not commercially feasible, as determined by Graylog in its sole discretion, terminate these Terms, in whole or in part, and the licenses granted pursuant to it, and refund to Customer the portion of prepaid Fees that relate to the remaining portion of the then-current Subscription Term.
Effect of Infringement Claim. If an infringement claim is asserted or, in ACT’s reasonable belief, is likely to be asserted, (a) ACT may require Customer to discontinue use of the Services immediately and Customer shall comply with such requirement; and (b) ACT will, at its sole option, either (i) procure for Customer the right to use and exercise its rights with respect to the Services as provided in this Agreement; (ii) replace the Services with other non-infringing services or modify the Services to make it not infringing while retaining substantially similar functionality; or (c) if the remedies set forth in clauses (b)(i) and (b)(ii) are not commercially feasible, as determined by ACT in its sole discretion, terminate this Agreement, in whole or in part, and pay to Licensee any prepaid Fees paid by Licensee for the infringing Services that are not provided due to the early termination.
Effect of Infringement Claim. If an Infringement Claim is or, in Power Grids' reasonable belief, is likely to be asserted, (a) Power Grids may require Customer to discontinue use of the Power Grids Deliverable immediately; and (b) Power Grids will, at its sole option, either (i) procure for Customer the right to use the Power Grids Deliverable; (ii) replace the Power Grids Deliverable with non-infringing Power Grids Deliverables or modify the Power Grids Deliverable to make it not infringing while retaining substantially similar functionality; or (c) if the remedies set forth in (b)(i) and (b)(ii) are not commercially feasible, as determined by Power Grids in its sole discretion, terminate the applicable Agreement, insofar as it relates to the Services, and pay Customer a pro rata refund of the fees paid by Customer for the Power Grids Deliverable.
Effect of Infringement Claim. If an infringement claim is asserted or, in ACT’s reasonable belief, is likely to be asserted, (a) ACT may require Customer to discontinue use of the Services immediately and Customer shall comply with such requirement; and (b) ACT will, at its sole option, either (i) procure for Customer the right to use and exercise its rights with respect to the Services as provided in this Agreement; (ii) replace the Services with other non-infringing services or modify the Services to make it not infringing while retaining substantially similar functionality; or (c) if the remedies set forth in clauses (b)(i) and (b)(ii) are not commercially feasible, as determined by ACT in its sole discretion, terminate this Agreement, in whole or in part, and pay to Licensee any prepaid Fees paid by Licensee for the infringing Services that are not provided due to the early termination. Exclusive Remedy. THE PROVISIONS OF THIS SECTION STATE THE SOLE, EXCLUSIVE, AND ENTIRE LIABILITY OF ACT AND ITS LICENSORS TO CUSTOMER, AND IS CUSTOMER’S SOLE REMEDY WITH RESPECT TO, ANY CLAIM OF INFRINGEMENT OR MISAPPROPRIATION OR ALLEGED INFRINGEMENT OR MISAPPROPRIATION OF ANY THIRD-PARTY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHT.
Effect of Infringement Claim. If an Infringement Claim is or, in ABB’s reasonable belief, is likely to be asserted, (a) ABB may require You to discontinue use of the applicable Product immediately; and (b) ABB will, at its sole option, either (i) procure for You the right to use and exercise its rights with respect to the Product; (ii) replace the affected Product with other non-infringing Product or modify the affected Product to make it not infringing while retaining substantially similar functionality; or (c) if the remedies set forth in clauses (b)(i) and (b)(ii) are not commercially feasible, as determined by ABB in its sole discretion, terminate the affected Order, in whole or in part, and pay You a pro rata refund of the fees paid for the Product, depreciated on a five-year straight line basis. THE PROVISIONS OF THIS SECTION STATE THE SOLE, EXCLUSIVE, AND ENTIRE LIABILITY OF ABB TO CUSTOMER, AND ARE CUSTOMER’S SOLE REMEDY WITH RESPECT TO, ANY CLAIM OR ALLEGATION OF INFRINGEMENT OR MISAPPROPRIATION OF ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHT.
Effect of Infringement Claim. If an Infringement Claim is or, in ABB’s reasonable belief, is likely to be asserted,
Effect of Infringement Claim. If an Infringement Claim is or, in Hitachi Energy's reas onable belief, is likely to be asserted, (a) Hitachi Energy may require Customer to discon- tinue use of the Hitachi Energy Deliverable immediately; and
