Common use of Infringement Remedies Clause in Contracts

Infringement Remedies. If the Software, or any component thereof, is found to be infringing or if any use of the Software or any component thereof is enjoined, threatened to be enjoined or otherwise the subject of an infringement claim, amCharts shall, at its option and sole cost and expense: either (i) procure for you the right to continue to use the Software, (ii) modify or replace such Software in a manner that retains its functionality and quality so that it is no longer infringing, misappropriating or violating such right or (iii) require you to terminate the use of and return the Software and refund all license fees paid by you with respect thereto. This Section 10 states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against the other party for any type of claim described in this Section.

Appears in 5 contracts

Samples: Software License Agreement, Software License Agreement, Software License Agreement

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Infringement Remedies. If the Software, or any component thereof, is found to be infringing or if any use of the Software or any component thereof is enjoined, threatened to be enjoined or otherwise the subject of an infringement claim, amCharts shall, at its option and sole cost and expense: either (i) procure for you the right to continue to use the Software, (ii) modify or replace such Software in a manner that retains its functionality and quality so that it is no longer infringing, misappropriating or violating such right or (iii) require you to terminate the use of and return the Software and refund all license fees paid by you with respect thereto. This Section 10 states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against against, the other party for any type of claim described in this Section.

Appears in 3 contracts

Samples: Single Website License Agreement, Single Website License Agreement, Single Website License Agreement

Infringement Remedies. If the Software, or any component thereof, is found to be infringing or if any use of the Software or any component thereof is enjoined, threatened to be enjoined or otherwise the subject of an infringement claim, amCharts Vanilla Components shall, at its option and sole cost and expense: either (i) procure for you the right to continue to use the Software, (ii) modify or replace such Software in a manner that retains its functionality and quality so that it is no longer infringing, misappropriating or violating such right or (iii) require you to terminate the use of and return the Software and refund all license fees paid by you with respect thereto. This Section 10 states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against the other party for any type of claim described in this Section.

Appears in 1 contract

Samples: Single Website License Agreement

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Infringement Remedies. If the Software, or any component thereof, is found to be infringing or if any use of the Software or any component thereof is enjoined, threatened to be enjoined or otherwise the subject of an infringement claim, amCharts Vanilla Components shall, at its option and sole cost and expense: either (i) procure for you the right to continue to use the Software, (ii) modify or replace such Software in a manner that retains its functionality and quality so that it is no longer infringing, misappropriating or violating such right or (iii) require you to terminate the use of and return the Software and refund all license fees paid by you with respect thereto. This Section 10 states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against against, the other party for any type of claim described in this Section.

Appears in 1 contract

Samples: Single App License Agreement

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