Common use of IP Infringement Clause in Contracts

IP Infringement. If the Products and Services become the subject of a claim of infringement of Intellectual Property Rights under this Section, CaseWare will, in CaseWare’s sole discretion: (a) obtain a right for the Customer to continue using the Products and Services; (b) modify the CaseWare Offerings so they become non-infringing but still provide or support substantially the same functionality as the infringing Products and Services; or (c) terminate the applicable Order Form and refund the unused portion of any prepaid Fees received by CaseWare from Customer. For Products licensed on a perpetual basis, such refund shall be based on the unamortized or unexpensed portion of the purchase price allocated to that portion of the Software, based on a three-year straight-line amortization.

IP Infringement. If the Products and Services become the subject of a claim of infringement of Intellectual Property Rights under this Section, CaseWare Caseware will, in CaseWare’s Caseware's sole discretion: (a) a. obtain a right for the Customer to continue using the Products and Services; (b) b. modify the CaseWare Caseware Offerings so they become non-infringing but still provide or support substantially the same functionality as the infringing Products and Services; or (c) c. terminate the applicable Order Form and refund the unused portion of any prepaid Fees received by CaseWare Caseware from Customer. For Products licensed on a perpetual basis, such refund shall be based on the unamortized or unexpensed portion of the purchase price allocated to that portion of the Software, based on a three-year straight-line amortization.

IP Infringement. If the Products and Services become the subject of a claim of infringement of Intellectual Property Rights under this Section, CaseWare Caseware will, in CaseWareCaseware’s sole discretion: (a) obtain a right for the Customer to continue using the Products and Services; (b) modify the CaseWare Caseware Offerings so they become non-infringing but still provide or support substantially the same functionality as the infringing Products and Services; or (c) terminate the applicable Order Form and refund the unused portion of any prepaid Fees received by CaseWare Caseware from Customer. For Products licensed on a perpetual basis, such refund shall be based on the unamortized or unexpensed portion of the purchase price allocated to that portion of the Software, based on a three-year straight-line amortization.