Further Remedy. If any Deliverable becomes the subject of a claim of infringement or misappropriation, or in Blue Planet’s opinion is likely to become the subject of a claim, Blue Planet may at its option, either (a) procure for You the right to continue using the Deliverable, (b) modify or replace the Deliverable to make it noninfringing, or (c) require You to return the Deliverable and refund the purchase price paid for it, less depreciation on a straight line basis over three years.
Further Remedy. If any Software becomes the subject of a claim of infringement or misappropriation, or in Blue Planet’s opinion is likely to become the subject of such a claim, Blue Planet may at its option, either (a) procure for You the right to continue using the Software, (b) modify or replace the Software to make it noninfringing, or (c) require You to return the Software and refund the purchase price paid for it, less depreciation on a straight line basis over three years.
Further Remedy. If any part of the Services becomes the subject of a claim of infringement or misappropriation, or in Blue Planet’s opinion is likely to become the subject of such a claim, Blue Planet may at its option, either (a) procure for Customer the right to continue using the Services, (b) modify or replace the Services to make them non-infringing, or if neither (a) nor (b) can reasonably be accomplished (c) terminate the Agreement and provide Customer with a pro-rated refund of any prepaid Fees for the infringing Services.
Further Remedy. If any Deliverable becomes the subject of a claim of infringement or misappropriation, or in Blue Planet’s opinion is likely to become the subject of such a claim, Blue Planet may at its option, either (a) procure for You the right to continue using the Deliverable, (b) modify or replace the Deliverable to make it noninfringing, or (c) require You to return the Deliverable, and in such event, refund You the purchase price paid for it, less depreciation on a straight line basis over three years. If a Professional Service or Deliverable becomes the subject of a claim of infringement or misappropriation, or in Blue Planet’s opinion is likely to become the subject of such a claim, Blue Planet may at its option, either (a) modify the Professional Service or Deliverable to make it noninfringing, or
Further Remedy. If any Product becomes the subject of a Claim, or in cPacket’s opinion is likely to become the subject of a Claim, cPacket may at its option, either (a) procure for Customer the right to continue using the Product, (b) modify or replace the Product to make it noninfringing, or (c) require Customer to return the Product and refund the upfront purchase price paid for it, less depreciation on a straight line basis over a three-year period (and, for any Subscription Solution, refund the amounts prepaid but unused for the Product), and in which case the rights licensed to Customer for such Product will terminate.
