Options for Infringement Claims. If any Party is enjoined from using the Technology, or if Care Xxxxxx believes that the Technology may become the subject of a claim of intellectual property infringement, Care Solace, at its own option and expense, may: (i) procure the right for School District to continue to use the Services; (ii) replace or modify the Technology so as to make it non-infringing; or (iii) terminate this Agreement, in which case Care Solace shall provide a prorated refund to School District of any and all fees paid in advance for the Initial Term or any Renewal Term by School District for those Services not provided by Care Solace. This Paragraph and the preceding Paragraph set forth the entire liability of Care Solace to School District for any infringement by the Technology or Services of any intellectual property right of any third party.
Options for Infringement Claims. If any party is enjoined from using the Provider Technology, or if Provider believes that the Provider Technology may become the subject of a claim of intellectual property infringement, Provider, at its option and expense, may:
(i) procure the right for Client to continue to use the Services; (ii) replace or modify the Provider Technology so as to make it non-infringing; or (iii) terminate this Agreement, in which case Provider shall refund to Client any and all subscription fees paid in advance by Client for those Services not provided by Provider and provide, at Client's request and free of charge, the Client Data in a database document format. This Section and the preceding Section sets forth the entire liability of Provider to Client for any infringement by the Provider Technology or Services of any intellectual property right of any third party.
Options for Infringement Claims. If any party is enjoined from using the Perspectium technology, or if Perspectium believes that the Perspectium technology may become the subject of a claim of intellectual property infringement, Perspectium, at its option and expense, may: (i) procure the right for Customer to continue to use the Services; (ii) replace or modify the Perspectium technology so as to make it non-infringing; provided, however, that the Services continue to conform to the descriptions in the documentation; or (iii) terminate this End User Agreement, in which case Perspectium shall refund to Customer a pro-rated amount of any and all subscription fees paid in advance by Customer for those Services not provided by Perspectium. This Section and the preceding Section sets forth the entire liability of Perspectium to Customer for any infringement by the Perspectium Software or technology or Services of any intellectual property right of any third party. Notwithstanding the foregoing, this Section does not apply to third party software including without limitation open source software.
Options for Infringement Claims. If any party is enjoined from using the Results Technology, or if Results believes that the Results Technology may become the subject of a claim of intellectual property infringement, Results, at its option and expense, may: (i) procure the right for Customer to continue to use the Services; (ii) replace or modify the Results Technology so as to make it non-infringing; provided, however, that the Services continue to conform to the descriptions and/or specifications provided in the applicable Purchase Order; or (iii) terminate this Agreement, in which case Results shall refund to Customer any and all subscription fees paid in advance by Customer for those Services not provided by Results and provide, at Customer's request and free of charge, the Customer Data in a database document format. This Section and the preceding Section sets forth the entire liability of Results to Customer for any infringement by the Results Technology or Services of any intellectual property right of any third party. Notwithstanding the foregoing, this Section does not apply to third party software including without limitation open source software.
Options for Infringement Claims. If any party is enjoined from using the Perspectium technology, or if Perspectium believes that the Perspectium technology may become the subject of a claim of intellectual property infringement, Perspectium, at its option and expense, may: (i) procure the right for Customer to continue to use the Services; (ii) replace or modify the Perspectium technology so as to make it non-infringing; provided, however, that the Services continue to conform to the descriptions in the documentation; or (iii) terminate this End User Agreement, in which case Perspectium shall refund to Customer a pro-rated amount of any and all subscription fees paid in advance by Customer for those Services not provided by Perspectium. This Section and the preceding Section sets forth the entire liability of Perspectium to Customer for any infringement by the Perspectium Software or technology or Services of any intellectual property right of any third party.
Options for Infringement Claims. If any party is enjoined from using the Elucide Technology, or if Elucide believes that the Elucide Technology may become the subject of a claim of intellectual property infringement, Elucide, at its option and expense, may: (i) procure the right for Customer to continue to use the Services; (ii) replace or modify the Elucide Technology so as to make it non-infringing; provided, however, that the Services continue to conform to the descriptions and/or specifications provided in the applicable Purchase Order; or (iii) terminate this Agreement, in which case Elucide shall refund to Customer any and all subscription fees paid in advance by Customer for those Services not provided by Xxxxxxx and provide, at Customer’s request and free of charge, the Customer raw Data fed by the customer excluding all the formulae, algorithm, calculations and any output data. The raw data will be in excel format only. This Section and the preceding Section sets forth the entire liability of Elucide to Customer for any infringement by the Elucide Technology or Services of any intellectual property right of any third party. Notwithstanding the foregoing, this Section does not apply to third party software including without limitation open source software.
Options for Infringement Claims. If any party is enjoined from using the Technology, or if the Company believes that the Technology may become the subject of a claim of intellectual property infringement, the Company, at its option and expense, may: (i) procure the right for the Customer to continue to use the Services; (ii) replace or modify the Technology so as to make it non-infringing; provided, however, that the Services continue to conform to the descriptions and/or specifications provided in the applicable Service Plan; or (iii) terminate this Agreement, in which case the Company shall refund to the Customer any and fees paid in advance by the Customer for those Services not provided by the Company and provide, at the Customer’s request and free of charge, the Customer Data in a database document format. This Section and the preceding Section set forth the entire liability of the Company to the Customer for any infringement by the Technology or Services of any intellectual property of a third party. Despite the foregoing, this Section does not apply to third-party software including, but not limited to, open source software. In no event will the Company’s aggregate liability, if any, including liability arising out of contract, negligence, strict liability in tort or warranty, or otherwise, exceed one (1) subscription fee.
Options for Infringement Claims. If any party is enjoined from using the idtPlans Technology, or if idtPlans believes that the idtPlans Technology may become the subject of a claim of intellectual property infringement, idtPlans, at its option and expense, may: (i) procure the right for Customer to continue to use the Services; (ii) replace or modify the idtPlans Technology so as to make it non-infringing; provided, however, that the Services continue to conform to the descriptions and/or specifications provided in the applicable Service Schedule; or (iii) terminate this Agreement, in which case idtPlans shall refund to Customer any and all subscription fees paid in advance by Customer for those Services not provided by idtPlans and provide, at Customer's request and free of charge, the Customer Data in a database document format. This Section and the preceding Section sets forth the entire liability of idtPlans to Customer for any infringement by the idtPlans Technology or Services of any intellectual property right of any third party. Notwithstanding the foregoing, this Section does not apply to third party software including without limitation open-source software.
Options for Infringement Claims. If any party is enjoined from using the Technology, or if the Company believes that the Technology may become the subject of a claim of intellectual property infringement, the Company, at its option and expense, may: (i) procure the right for the Customer to continue to use the Services; (ii) replace or modify the Technology so as to make it non-infringing; provided, however, that the Services continue to conform to the descriptions and/or specifications provided in the applicable Quotation Sheet; or (iii) terminate this Agreement, in which case the Company shall refund to the Customer any and all subscription fees paid in advance by the Customer for those Services not provided by the Company and provide, at the Customer’s request and free of charge, the Customer Data in a database document format. This Section and the preceding Section set forth the entire liability of the Company to the Customer for any infringement by the Technology or Services of any intellectual property of a third party. Despite the foregoing, this Section does not apply to third-party software including, but not limited to, open source software.
Options for Infringement Claims. If any party is enjoined from using the Perspectium Technology, or if Perspectium believes that the Perspectium Technology may become the subject of a claim of intellectual property infringement, Perspectium, at its option and expense, may: (i) procure the right for Customer to continue to use the Services;
