Mitigation by Entrust. If Entrust becomes aware of an actual or potential IP Claim, or if Customer provides Entrust with notice of an actual or potential IP Claim, Entrust may (or in the case of an injunction against Customer, shall), at Entrust’s sole option and expense: (i) procure for Customer the right to continue to use the affected portion of the Software, Hosted Service, or Hardware and Supplies; (ii) modify or replace the affected portion of the Software, Hosted Service, or Hardware and Supplies with functionally equivalent or superior software or products so that Customer’s use is non-infringing; or (iii) if (i) or (ii) are not commercially reasonable, terminate the Agreement with respect to the affected Software, Hosted Service, or Hardware and Supplies and refund to the Customer, as applicable, either (A) any perpetual purchase price paid for the affected Software or Hardware and Supplies depreciated over a three (3) year period from the date of delivery on a straight line basis less any outstanding moneys owed on such affected portion of the Software or Hardware and Supplies; or (B) any prepaid and unused subscription fees for the affected Software, Hosted Service or Hardware and Supplies for the terminated portion of the applicable Offering Term.
Mitigation by Entrust. If (i) Entrust becomes aware of an actual or potential IP Claim, or (ii) Customer provides Entrust with notice of an actual or potential IP Claim, Entrust may (or in the case of an injunction against Customer, shall), at Entrust’s sole option and expense: (i) procure for Customer the right to continue to use the affected portion of the Software, Hosted Service, or Hardware and Supplies; (ii) modify or replace the affected portion of the Software, Hosted Service, or Hardware and Supplies with functionally equivalent or superior software or products so that Customer’s use is non-infringing; or (iii) if (i) or (ii) are not commercially reasonable, terminate the Agreement with respect to the affected Software, Hosted Service, or Hardware and Supplies and refund to the Customer, as applicable, either (A) any perpetual purchase price paid for the affected Software or Hardware and Supplies depreciated over a three (3) year period from the date of delivery on a straight line basis less any outstanding moneys owed on such affected portion of the Software or Hardware and Supplies; or (B) any prepaid and unused subscription fees for the affected Software, Hosted Service or Hardware and Supplies for the terminated portion of the applicable Offering Term.
Mitigation by Entrust. If (i) Entrust becomes aware of an actual or potential Claim, or (ii) Customer provides Entrust with notice of an actual or potential Claim, Entrust may, at Entrust’s sole option and expense: (i) procure for Customer the right to continue to use the affected portion of the Software; (ii) modify or replace the affected portion of the Software with functionally equivalent or superior software so that Customer use is non-infringing; or (iii) if (i) or (ii) are not commercially reasonable, take return of the affected portion of the Software and pay to Customer the cost of the affected portion of the Software depreciated over a three (3) year period from the date of acquisition on a straight line basis less any outstanding moneys owed on such affected portion of the Software.
Mitigation by Entrust. If (i) Entrust becomes aware of an actual or potential IP Claim, or (ii) Customer provides Entrust with notice of an actual or potential IP Claim, Entrust may (or in the case of an injunction against Customer, shall, at Entrust’s sole option and expense: (i) procure for Customer the right to continue to use the affected portion of the Entrust Technology; (ii) modify or replace the affected portion of the Entrust Technology with functionally equivalent or superior software so that Customer’s use is non-infringing; or (iii) if (i) or (ii) are not commercially reasonable, terminate the Agreement with respect to the affected Entrust Technology and refund to the Customer, as applicable, either (a) any perpetual license fees paid for the affected Entrust Technology depreciated over a three
Mitigation by Entrust. If (i) Entrust becomes aware of an actual or potential Claim, or (ii) Customer provides Entrust with notice of an actual or potential Claim, Entrust may (or in the case of an injunction against Customer, shall), at Entrust's sole option and expense:
Mitigation by Entrust. If (i) Entrust becomes aware of an actual or potential IP Claim, or (ii) MSP provides Entrust with notice of an actual or potential IP Claim, Entrust may (or in the case of an injunction against MSP, shall, at Entrust sole option and expense: (i) procure for MSP the right to continue to use the affected portion of the Entrust Technology; (ii) modify or replace the affected portion of the Entrust Technology with functionally equivalent or superior software so that MSP’s use is non-infringing; or (iii) if (i) or (ii) are not commercially reasonable, terminate the Agreement with respect to the affected Entrust Technology and refund to the MSP, as applicable, either (a) any perpetual license fees paid for the affected Entrust Technology depreciated over a three (3) year period from the date of delivery on a straight line basis less any outstanding moneys owed on such affected portion of the Entrust Technology; or (b) any prepaid and unused subscription fees for the affected Entrust Technology for the terminated portion of the applicable Term.
Mitigation by Entrust. If (i) Entrust is subject to (or is believes it may become subject to) an actual or potential Claim, or (ii) Customer provides Entrust with notice of an actual or potential Claim, Entrust may, at its sole option: (i) procure for Customer the right to continue to use the affected portion of the Service; (ii) modify or replace the affected portion of the Service with functionally equivalent or superior software so that Customer’s use is non-infringing; or (iii) if (i) or (ii) are not commercially reasonable, terminate the Customer’s license or access to the affected Service.
Mitigation by Entrust. If (i) Entrust is subject to (or is believes it may become subject to) an actual or potential Claim, or (ii) MSP (Sub-MSP or Tenant) provides Entrust with notice of an actual or potential Claim, Entrust may, at its sole option: (i) procure for MSP the right to continue to use the affected portion of the Service; (ii) modify or replace the affected portion of the Service with functionally equivalent or superior software so that MSP’s use is non-infringing; or (iii) if (i) or (ii) are not commercially reasonable, terminate the MSP’s license or access to the affected Service.
Mitigation by Entrust. If (a) Entrust becomes aware of an actual or potential Claim, or (b) Customer provides Entrust with notice of an actual or potential Claim, Entrust may (or in the case of an injunction against Customer, shall), at Entrust’s sole option and expense: (i) procure for Customer the right to continue to use the affected portion of the Certificate Services; (ii) modify or replace the affected portion of the Certificate Services with functionally equivalent or superior certificate services so that Customer’s use is non-infringing; or (iii) if (i) or (ii) are not commercially reasonable, revoke the affected Certificates and pay to Customer the prorated cost of the revoked Certificates, less any outstanding moneys owed on such Certificates.
Mitigation by Entrust. If (i) Entrust is subject to (or is believes it may become subject to) an actual or potential Claim, or (ii) Customer (or Tenant) provides Entrust with notice of an actual or potential Claim, Entrust may, at its sole option: (i) procure for Customer the right to continue to use the affected portion of the Service; (ii) modify or replace the affected portion of the Service with functionally equivalent or superior software so that Customer’s use is non-infringing; or (iii) if (i) or (ii) are not commercially reasonable, terminate the Customer’s license or access to the affected Service and refund to Customer any associated pre-paid subscription fees for the affected portion of the Service on a pro-rata basis.
