Common use of Enforcement of End User License Agreement and Evaluation Agreement Clause in Contracts

Enforcement of End User License Agreement and Evaluation Agreement. If RESELLER learns of any breach of a XXXX or Evaluation Agreement that could damage FAST (or its third party licensors), RESELLER shall promptly notify FAST in writing, and the parties will determine a mutually acceptable course of action. Nothing shall preclude FAST from taking corrective action without RESELLER’s consent, so long as RESELLER is actively consulted and copied on all such actions. In addition, if a breach of an XXXX or an Evaluation Agreement occurs that would, in FAST’s opinion, result in irreparable harm to FAST (and/or its third party licensors) unless injunctive or other equitable relief is granted to restrain the violation, RESELLER shall, as requested by FAST, either (i) use its best efforts to obtain such equitable relief as promptly as reasonably possible or (ii) assign its rights under the XXXX or Evaluation Agreement to FAST to permit FAST to seek such equitable relief. RESELLER’s foregoing obligations to enforce the EULAs or Evaluation Agreements as necessary to protect the interest of FAST and its third party licensors shall survive expiration or termination of this Agreement.

Enforcement of End User License Agreement and Evaluation Agreement. If RESELLER XXXXXXXX learns of any breach of a XXXX or Evaluation Agreement that could damage FAST ACME (or its third party licensors), RESELLER shall promptly take prompt, commercially reasonable corrective action at its expense to remedy the breach and/or obtain all other appropriate relief and shall, in addition, immediately notify FAST ACME in writing, writing of the breach and the parties will determine a mutually acceptable course corrective action taken. The execution of action. Nothing these duties by RESELLER shall not preclude FAST ACME from also taking corrective action without RESELLER’s consent, so long as RESELLER is actively consulted and copied on all such actionsaction. In addition, if a breach of an XXXX or an Evaluation Agreement occurs that would, in FASTACME’s opinion, result in irreparable harm to FAST ACME (and/or its third party licensors) unless injunctive or other equitable relief is granted to restrain the violation, RESELLER shall, as requested by FASTACME, either (i) use its best efforts to obtain such equitable relief as promptly as reasonably possible or (ii) assign its rights under the XXXX or Evaluation Agreement to FAST ACME to permit FAST ACME to seek such equitable relief. RESELLERXXXXXXXX’s foregoing obligations to enforce the EULAs or Evaluation Agreements as necessary to protect the interest of FAST ACME and its third party licensors shall survive expiration or termination of this Agreement.

Enforcement of End User License Agreement and Evaluation Agreement. If RESELLER learns of any breach of a XXXX EXXX or Evaluation Agreement that could damage FAST (or its third party licensors), RESELLER shall promptly notify FAST in writing, and the parties will determine a mutually acceptable course of action. Nothing shall preclude FAST from taking corrective action without RESELLER’s consent, so long as RESELLER is actively consulted and copied on all such actions. In addition, if a breach of an XXXX EXXX or an Evaluation Agreement occurs that would, in FAST’s opinion, result in irreparable harm to FAST (and/or its third party licensors) unless injunctive or other equitable relief is granted to restrain the violation, RESELLER shall, as requested by FAST, either (i) use its best efforts to obtain such equitable relief as promptly as reasonably possible or (ii) assign its rights under the XXXX EXXX or Evaluation Agreement to FAST to permit FAST to seek such equitable relief. RESELLER’s foregoing obligations to enforce the EULAs or Evaluation Agreements as necessary to protect the interest of FAST and its third party licensors shall survive expiration or termination of this Agreement.