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.
Appears in 7 contracts
Samples: Enterprise General Terms, Enterprise General Terms, Enterprise General Terms
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 any amounts paid that relate to the remaining portion of the then-current Subscription Term.
Appears in 1 contract
Samples: End User License Agreement
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 Termsthis Agreement; (ii) replace the Software or Documentation or affected part thereof with other non- 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 Termsthis Agreement, 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.
Appears in 1 contract
Samples: License and Support Agreement