Licensee's Continued Use. If the Software becomes the subject of a Claim, OT will, in its absolute discretion, either
(a) obtain a license for Licensee to continue using the Software, (b) replace or modify the Software without unreasonable degradation in functionality or (c) terminate the Software License to the infringing portion of the Software and refund the unamortized portion of the License Fees received by OT and attributable to the infringing portion of the Software, based on a 3 year straight line amortization. OT’s entire liability and Licensee’s sole and exclusive remedy with respect to any Claims are limited to the remedies set out in the OT Infringement Indemnity section.
Licensee's Continued Use. If the Software becomes the subject of a Claim, OT will, in its absolute discretion, either
(a) obtain a license for Licensee to continue using the Software, (b) replace or modify the Software without unreasonable degradation in functionality or (c) terminate the Software License to the infringing portion of the Software and refund the unamortized portion of the License Fees received by OT and attributable to the infringing portion of the Software, based on a 3 year straight line amortization. OT’s entire liability and Licensee’s sole and exclusive remedy with respect to any Claims are limited to the remedies set out in the OT Infringement Indemnity section. 停を制御できる場合を条件とします。OT は、その申し立てに対して出された最終判決、またはその申し立てに対する最終的な調停について、本セクションのすべての条件が満たされた場合、ライセンス取得者を免責するものとします。 10.3 ライセンス取得者の継続使用 ソフトウェアが申し立ての対象となる場合、OT はその裁量で(a)ライセンス取得者のため、ソフトウェアを使用し続けることのできるライセンスを取得するか、(b)機能を低下させることなく、ソフトウェアを取り替えるか、あるいは修正するか、または(c)ソフトウェアの違反部分にかかるライセンスを終了し、ソフトウェアの違反部分について、3 年間の定額償却に基づいて、OT が受領したソフトウェアの違反部分に関するライセンス料金の未償却部分を返還するものとします。 OT の全責任およびライセンス取得者の申し立てに関する唯一かつ排他的な救済策は、OT の侵害に対する賠償のセクションに規定された救済策に限定されます。
Licensee's Continued Use. If the Software or its intended use become, or in JANYA's opinion be likely to become, the subject of a claim covered by the indemnity in Section 14.1 above, XXXXX shall obtain for Licensee a nonexclusive license to continue using the infringing portion of the Software pursuant hereto or shall replace or modify the infringing portion of the Software without reasonable degradation in functionality in order to make it non-infringing. If neither of these solutions is reasonably available as determined by XXXXX in JANYA's absolute discretion, XXXXX shall refund the unamortized portion of the license fees received by XXXXX from Licensee under this XXXX for the infringing portion of the Software, based on a three (3) year straight line amortization commencing on the date of first delivery of the Software to the Licensee under this XXXX.
Licensee's Continued Use. If the Software becomes the subject of a Claim, OT will, in its absolute discretion, either
(a) obtain a license for Licensee to continue using the Software, or (b) replace or modify the Software without unreasonable degradation in functionality.
Licensee's Continued Use. If the Software
Licensee's Continued Use. If the Software becomes the subject of a Claim, COMAEA will, in its absolute discretion, either (a) obtain a license for Licensee to continue using the Software, (b) replace or modify the Software without unreasonable degradation in functionality or (c) terminate the Software License and refund the unamortized portion of the License Fees received by COMAEA and attributable to the infringing portion of the Software, based on a 3 year straight line amortization. COMAEA’s entire liability and Licensee’s sole and exclusive remedy with respect to any Claims are limited to the remedies set out in the COMAEA Infringement Indemnity section.
Licensee's Continued Use. If the Software becomes the subject of a Claim, Rocket Software will, in its absolute discretion, either (a) obtain a license for Licensee to continue using the Software, (b) replace or modify the Software without unreasonable degradation in functionality or (c) terminate the Software License to the infringing portion of the Software and refund the unamortized portion of the License Fees received by Rocket Software and attributable to the infringing portion of the Software, based on a 3 year straight line amortization. Rocket Software’s entire liability and Licensee’s sole and exclusive remedy with respect to any Claims are limited to the remedies set out in the Rocket Software Infringement Indemnity Section.
Licensee's Continued Use. If the Software becomes the subject of a Claim, SWC will, in its absolute discretion, either obtain a license for Licensee to continue using the Software, (b) replace or modify the Software without unreasonable degradation in functionality or (c) terminate the Software License to the infringing portion of the Software and refund the unamortized portion of the License Fees received by SWC and attributable to the infringing portion of the Software, (with a perpetual license based on a 3 year straight line amortization). SWC’s entire liability and Licensee’s sole and exclusive remedy with respect to any Claims are limited to the remedies set out in this Infringement Indemnity section 9.
Licensee's Continued Use. If the Software or its intended use become, or in CC's opinion is likely to become, the subject of a Claim covered by the defense and indemnity provisions in section 10.1 above, CC shall, at its option, either obtain for Licensee a nonexclusive license to continue using the infringing portion of the Software or replace or modify the infringing portion of the Software without reasonable degradation in functionality in order to make it non-infringing. If neither of these solutions is reasonably available as determined by CC in
Licensee's Continued Use. If the Software or its intended use become, or in OT's opinion is likely to become, the subject of a Claim covered by the defence and indemnity provisions in section 10.1 above, OT shall, at its option, either obtain for Licensee a nonexclusive license to continue using the infringing portion of the Software or replace or modify the infringing portion of the Software without reasonable degradation in functionality in order to make it non-infringing. If neither of these solutions is reasonably available as determined by OT in OT's absolute discretion, OT shall refund the unamortized portion of the License Fees received by OT from Licensee under this XXXX attributable to the infringing portion of the Software, based on a three (3) year straight line amortization commencing on the date of first delivery of the Software to the Licensee. OT’s entire liability, and Licensee’s sole and exclusive remedy with respect to any Claims shall be limited to the remedies set out in sections
