Common use of Microsoft offerings Clause in Contracts

Microsoft offerings. If Microsoft reasonably believes that a Product, Fix, or Services Deliverable may infringe or misappropriate a third-party’s intellectual property rights, Microsoft will seek to: (1) procure for Institution the right to continue to use the Product, Fix or Services Deliverable; or (2) modify or replace it with a functional equivalent to make it non-infringing and notify Institution to discontinue use of the prior version, which Institution must do immediately. If the foregoing options are not commercially reasonable for Microsoft, or if required by a valid judicial or government order, Microsoft may terminate Organization’s license or access rights (or for certain Services Deliverables, Institution’s ownership rights) in the Product, Fix, or Services Deliverable. In such a case, Microsoft will notify Institution and refund any amounts Institution has paid for those rights to the Product, Fix or Services Deliverable (or for Online Services, any amount Institution has paid in advance for unused Online Services).

Microsoft offerings. If Microsoft reasonably believes that a Product, Fix, Product or Services Deliverable Fix may infringe or misappropriate a third-party’s intellectual property rights, Microsoft will seek to: (1) procure for Institution Organization the right to continue to use the Product, Fix Product or Services DeliverableFix; or (2) modify or replace it with a functional equivalent to make it non-infringing and notify Institution Organization to discontinue use of the prior version, which Institution Organization must do immediately. If the foregoing options are not commercially reasonable for Microsoft, or if required by a valid judicial or government order, Microsoft may terminate Organization’s license or access rights (or for certain Services Deliverables, Institution’s ownership rights) in the Product, Product or Fix, or Services Deliverable. In such a case, Microsoft will notify Institution and refund any amounts Institution has paid for those rights to the Product, Product or Fix or Services Deliverable (or for Online Services, any amount Institution has paid in advance for unused Online Services).

Microsoft offerings. If Microsoft reasonably believes that a Product, Fix, or Services Deliverable may infringe or misappropriate a third-party’s intellectual property rights, Microsoft will seek to: (1) procure for Institution the right to continue to use the Product, Fix or Services Deliverable; or (2) modify or replace it with a functional equivalent to make it non-infringing and notify Institution to discontinue use of the prior version, which Institution must do immediately. If the foregoing options are not commercially reasonable for Microsoft, or if required by a valid judicial or government order, Microsoft may terminate OrganizationInstitution’s license or access rights (or for certain Services Deliverables, Institution’s ownership rights) in the Product, Fix, or Services Deliverable. In such a case, Microsoft will notify provide Institution with notice and refund any amounts Institution has paid for those rights to the Product, Fix or Services Deliverable (or for Online Services, any amount Institution has paid in advance for unused Online Services).