Common use of Infringement Remedies Clause in Contracts

Infringement Remedies. Should the Licensed Product become or, in the NPSS Licensors’ opinion, be likely to become the subject of a claim or an injunction preventing it s use a s contemplated herein, SwRI on behalf of the NPSS Licensors may, at its option, (1) procure f or End User the right to continue, as applicable, using such Licensed Product, (2) replace or modify the Licensed Product so that it becomes non-infringing, or, if the NPSS Licensors determine, in their sole discretion, that (1) and (2) above are not commercially practical for SwRI, then (3) End User shall return the Licensed Product for a ref und depreciated on a two (2) year straight line basis and any related licenses gra nted under Section 2 shall terminate without further liability to the NPSS Licensors. The NPSS Licensors shall have no lia bility or obligation to End User hereunder with respect to any infringement or claim thereof based upon alterations or enhancements of the Licensed Product not created by or for the NPSS License. This Section 6.1 states the entire liability of SwRI and the NPSS Licensors with respect to infringement of patents, copyrights, trade secrets, or other intellectual property rights by the Licensed Product or any part thereof or by its operation.

Infringement Remedies. Should the Licensed Product become or, in the NPSS Licensors’ opinion, be likely to become the subject of a claim or an injunction preventing it s its use a s as contemplated herein, SwRI on behalf of the NPSS Licensors may, at its option, (1) procure f or for End User the right to continue, as applicable, using such Licensed Product, (2) replace or modify the Licensed Product so that it becomes non-infringing, or, if the NPSS Licensors determine, in their sole discretion, that (1) and (2) above are a re not commercially practical for SwRI, then (3) End User shall return the Licensed Product for a ref und refund depreciated on a two (2) year straight line basis and any related licenses gra nted under Section 2 shall terminate without further liability to the NPSS Licensors. The NPSS Licensors shall have no lia bility or obligation to End User hereunder with respect to any infringement or claim thereof based upon alterations or enhancements of the Licensed Product not created by or for the NPSS License. This Section 6.1 states the entire liability of SwRI and the NPSS Licensors with respect to infringement of patents, copyrights, trade secrets, or other intellectual property rights by the Licensed Product or any part thereof or by its operation.

Infringement Remedies. Should the Licensed Product become or, in the NPSS Licensors’ opinion, be likely to become the subject of a claim or an injunction preventing it s its use a s as contemplated herein, SwRI on behalf of the NPSS Licensors may, at its option, (1) procure f or for End User the right to continue, as applicable, using such Licensed Product, (2) replace or modify the Licensed Product so that it becomes beco mes non-infringing, or, if the NPSS Licensors determine, in their sole discretion, that (1) and (2) above are a re not commercially practical for SwRI, then (3) End User shall return the Licensed Product for a ref und refund depreciated on a two (2) year straight line basis and any related licenses gra nted under Section 2 shall terminate without further liability to the NPSS Licensors. The NPSS Licensors shall have no lia bility or obligation to End User hereunder with respect to any infringement or claim thereof based upon alterations or enhancements of the Licensed Product not created by or for the NPSS License. This Section 6.1 states the entire liability of SwRI and the NPSS Licensors with respect to infringement of patents, copyrights, trade secrets, or other intellectual property rights by the Licensed Product or any part thereof or by its operation.

Infringement Remedies. Should the Licensed Product become or, in the NPSS Licensors’ opinion, be likely to become the subject of a claim or an injunction preventing it s its use a s as contemplated herein, SwRI on behalf of the NPSS Licensors may, at its option, (1) procure f or for End User the right to continue, as applicable, using such Licensed Product, (2) replace or modify the Licensed Product so that it becomes non-infringing, or, if the NPSS Licensors determine, in their sole discretion, that (1) and (2) above are not commercially practical for SwRI, then (3) End User shall return the Licensed Product for a ref und refund depreciated on a two (2) year straight line basis and any related licenses gra nted granted under Section 2 shall terminate without further liability to the NPSS Licensors. The NPSS Licensors shall have no lia bility liability or obligation to End User hereunder with respect to any infringement or claim thereof based upon alterations or enhancements of the Licensed Product not created by or for the NPSS License. This Section 6.1 states the entire liability of SwRI and the NPSS Licensors with respect to infringement of patents, copyrights, trade secrets, or other intellectual property rights by the Licensed Product or any part thereof or by its operation.

Infringement Remedies. Should the Licensed Product become or, in the NPSS Licensors’ opinion, be likely to become the subject of a claim or an injunction preventing it s its use a s as contemplated herein, SwRI on behalf of the NPSS Licensors may, at its option, (1) procure f or for End User the right to continue, as applicable, using such Licensed Product, (2) replace or modify the Licensed Product so that it becomes non-non- infringing, or, if the NPSS Licensors determine, in their sole discretion, that (1) and (2) above are a re not commercially practical for SwRI, then (3) End User shall return the Licensed Product for a ref und refund depreciated on a two (2) year straight line basis and any related licenses gra nted granted under Section 2 shall terminate without further liability to the NPSS Licensors. The NPSS Licensors shall have no lia bility liability or obligation to End User hereunder with respect to any infringement or claim thereof based upon alterations or enhancements of the Licensed Product not created by or for the NPSS License. This Section 6.1 states the entire liability of SwRI and the NPSS Licensors with respect to infringement of patents, copyrights, trade secrets, or other intellectual property rights by the Licensed Product or any part thereof or by its operation.