Common use of Indemnity Remedies Clause in Contracts

Indemnity Remedies. In the event that it is determined, or BluIP believes, that the Services have violated a third party’s intellectual property rights, BluIP shall (the selection of which of the following remedies shall be at BluIP’s sole discretion): (a) obtain for Customer the right to continue using the Services, (b) replace or modify the Services so that they become non-infringing while retaining no material diminution of functionality; or (c) terminate Customer’s right to use the violating Services and refund to Customer the fees paid for the violating Services in the amount of the lesser of the: (i) prepaid, unused Monthly Recurring charges therefor; or, (ii) Monthly Recurring charges therefor, paid during the immediately prior twelve (12) month period. The provisions of this and the immediately prior Sections (IP Indemnification Remedies and IP Indemnity) state the sole, exclusive, and entire liability of BluIP, and are Customer’s sole remedy with respect to the infringement or claimed infringement of third party intellectual property rights.

Indemnity Remedies. In the event that it is determined, or BluIP believes, that the Services have violated a third party’s intellectual property rights, BluIP shall (the selection of which of the following remedies shall be at BluIP’s sole discretion): (a) obtain for Customer the right to continue using the Services, (b) replace or modify the Services so that they become non-infringing while retaining no material diminution of functionality; or (c) terminate Customer’s right to use the violating Services and refund to Customer the fees paid for the violating Services in the amount of the lesser of the: (i) prepaid, unused Monthly Recurring charges therefor; or, (ii) Monthly Recurring charges therefor, paid during the immediately prior twelve (12) month period. The provisions of this and the immediately prior Sections Section (IP Indemnification Remedies and IP IndemnityIndemnification) state the sole, exclusive, and entire liability of BluIP, and are Customer’s sole remedy with respect to the infringement or claimed infringement of third party intellectual property rights.

Indemnity Remedies. In the event that it is determined, or BluIP believes, that the Services have violated a third party’s intellectual property rights, BluIP shall (the selection of which of the following remedies shall be at BluIP’s sole discretion): (a) obtain for Customer the right to continue using the Services, (b) replace or modify the Services so that they become non-non- infringing while retaining no material diminution of functionality; or (c) terminate Customer’s right to use the violating Services and refund to Customer the fees paid for the violating Services in the amount of the lesser of the: (i) prepaid, unused Monthly Recurring charges therefor; or, (ii) Monthly Recurring charges therefor, paid during the immediately prior twelve (12) month period. The provisions of this and the immediately prior Sections (IP Indemnification Remedies and IP Indemnity) state the sole, exclusive, and entire liability of BluIP, and are Customer’s sole remedy with respect to the infringement or claimed infringement of third party intellectual property rights.