Infringement Cures. Should Customer’s use of the Products, Subscription Services or Deliverables is determined, pursuant to an Infringement Claim, have infringed any third party intellectual property rights, or if in Axway’s reasonable judgment such use is likely to be infringing, Axway shall have the right, at Axway’s sole option and expense, to either: (a) procure for Customer the right to continue using the infringing Products, Subscription Services, or Deliverables or; (b) replace or modify such Products, Subscription Services, or Deliverables with a functionally equivalent replacement or modification so they become non-infringing. If neither (a) nor (b) is commercially reasonable in Axway’s reasonable opinion, Axway may (i) with respect to the uncured Professional Services, Axway may refund the prepaid fees for the relevant Deliverables or (ii) with respect to the purchased Subscription Services, Axway may terminate the access to the relevant Subscription Services and refund unused prepaid fees calculated against the remainder of the Subscription Term from the date of such termination. THE FOREGOING STATES CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND AXWAY’S SOLE AND EXCLUSIVE LIABILITY WITH RESPECT TO INFRINGEMENT CLAIMS.
Infringement Cures. Following notice of an Infringement Claim, or if MATRITECH believes such a claim is likely, MATRITECH may at its sole expense and option: (a) [**]or (b) [**]or (c) [**]
Infringement Cures. Following notice of an Infringement Claim, or if Citrix believes such a claim is likely, Citrix will, at its sole expense and option: (i) procure for CUSTOMER the right to continue to use the allegedly infringing Product; (ii) replace or modify the Product to make it non-infringing; or (iii) accept return and refund as appropriate payments made for the Product by CUSTOMER, on a three (3) year straight line depreciation basis.
Infringement Cures. Following notice of an Infringement Claim, or if MicroStrategy believes such a claim is likely, MicroStrategy may at its sole expense and option (i) procure for Netgen the right to continue to market, use and have others use, the alleged infringing MicroStrategy Product; (ii) replace or modify the MicroStrategy Product to make it non-infringing; or (iii) accept return of the MicroStrategy Product and refund payments made therefor by Netgen.
Infringement Cures. If Customer’s use of any of the Services is, or in Citrix’ opinion is likely to be, enjoined as a result of an Infringement Claim, Citrix shall, at its sole option and expense, either (i) procure for Customer the right to continue to use the Services as contemplated herein, or (ii) replace or modify the Services to make their use non-infringing without degradation in performance or a material reduction in functionality and notify Customer to discontinue use of the prior version, which Customer shall do immediately. If options (i) and (ii) above are not reasonably available, Citrix may, in its sole discretion and upon written notice to Customer, terminate this Agreement, cancel access to the Services and refund to Customer any prepaid, but unused Fees.
Infringement Cures. Should the Software or any part thereof become, or in Cornerstone’s reasonable opinion be likely to become, the subject of a claim for infringement of a third party intellectual property right, then Cornerstone shall, at its sole option and expense:
(i) procure for Customer the right to use and access the infringing or potentially infringing item(s) of the Software (“Affected Software”) free of any liability for infringement; or (ii) replace or modify the Affected Software with a non-infringing substitute otherwise materially complying with the functionality of the replaced system; or (iii) if neither of the foregoing is reasonably practicable, terminate the right to use and access the Affected Software and refund unused prepaid fees.
Infringement Cures. Following notice of a claim involving allegations ------------------ of infringement, or if Citrix believes such a claim is likely, Citrix may at its sole expense and option: (i) procure for ASP Member the right to continue to use the alleged infringing Software; (ii) replace or modify the appropriate Software to make it non-infringing; or (iii) accept return of the Software and refund as appropriate payments made therefor by ASP Member amortized on a five (5) year straight line basis.
Infringement Cures. If Customer’s use of any of the Services is, or in Hive Streaming’s opinion is likely to be, enjoined as a result of an Infringement Claim, Hive Streaming shall, at its sole option and expense, either (i) procure for Customer the right to continue to use the Services as contemplated herein, or (ii) replace or modify the Services to make their use non-infringing without degradation in performance or a material reduction in functionality. If options (i) and (ii) above are not reasonably available, Hive Streaming may, in its sole discretion and upon written notice to Customer, terminate this Agreement, cancel access to the Services and refund to Customer any prepaid, but unused Fees.
Infringement Cures. If Customer’s use of any of the Services is, or in Invoca’s opinion is likely to be, enjoined as a result of an Infringement Claim, Invoca may, at its sole option and expense, either (i) procure for Customer the right to continue using the Services as contemplated herein, or (ii) replace or modify the Services to make their use non-infringing without degradation in performance or a material reduction in functionality. If options (i) and (ii) above are not reasonably available, Invoca may, in its sole discretion and upon written notice to Customer, terminate the Terms, cancel access to the Services and refund to Customer any prepaid, but unused subscription fees.
Infringement Cures. Should the Products or any part thereof become the subject of a claim for infringement of a third party Intellectual Property Right, then Scytl Canada shall, at its sole expense: (i) procure for the City the right to use and access the infringing or potentially infringing item(s) of the Solution free of any liability for infringement; or (ii) replace or modify the infringing or potentially infringing item(s) of the Solution with a non-infringing substitute otherwise materially complying with the functionality of the replaced system. If (i) and (ii) are not commercially reasonable, Scytl Canada may terminate the Agreement in which case the City shall receive a refund of all prepaid, unearned fees for Services paid to Scytl Canada.
