Product Subject of Claim. If any product furnished is likely to or does become the subject of a claim of infringement of a patent or copyright, then Contractor may, at its option, procure for State the right to continue using the alleged infringing product, or modify the product so that it becomes non-infringing. If none of the above options can be accomplished, or if the use of such product by State shall be prevented by injunction, State will determine whether the Contract has been breached.
Product Subject of Claim. If the Licensed Software or any product or Documentation furnished is likely to or does become the subject of a claim of infringement of an Intellectual Property Right, then the Licensor shall either procure for the State the right to continue using the alleged infringing product; or modify the product so that it becomes non-infringing; or replace it with one that is at least functionally equivalent and shall not degrade the operation or performance of the Licensed Software, product, or Documentation. If none of the above options may be accomplished within a reasonable time and at commercially reasonable rates or if the use of such product by the State shall be prevented by injunction, the State agrees to return the product to the Licensor upon written request. The Licensor shall accept the return from the State of the infringing component, along with any other components of any products rendered unusable as a result of the infringing component and refund the full price paid to Licensor for such components. The State is not precluded from seeking other remedies available to it hereunder and in equity or law for any damages it may sustain due to diminished ability or inability to continue using such product.
Product Subject of Claim. If the Software developed under this Agreement or any Documentation furnished is likely to or does become the subject of a claim of infringement of an Intellectual Property Right, then the Contractor shall either procure for the Agency the right to continue using the alleged infringing product; or modify the product so that it becomes non-infringing; or replace it with one that is at least functionally equivalent and shall not degrade the operation or performance of the Software, product, or Documentation. If none of the above options may be accomplished within a reasonable time and at commercially reasonable rates or if the use of such product by the Agency shall be prevented by injunction, the Agency agrees to return the product to the Contractor upon written request. The Contractor shall accept the return from the Agency of the infringing component, along with any other components of any products rendered unusable as a result of the infringing component and as Agency’s exclusive remedy, refund the full time and materials price paid to Contractor for such components or any prepaid fees associated with a time period that Agency was prohibited from using the Software.
Product Subject of Claim. If any product furnished is likely to or does become the subject of a claim of infringement of a patent or copyright, then the Contractor may, at its option, procure for CSD the right to continue using the alleged infringing product, or modify the product so that it becomes non-infringing. If none of the above options can be accomplished, or if the use of such product by CSD shall be prevented by injunction, CSD will determine if the Contract has been breached.
Product Subject of Claim. If any product furnished is likely to or does become the subject of a claim of infringement of a patent or copyright, then the Contractor may, at its option, procure for the State the right to continue using the alleged infringing product, or modify the product so that it becomes noninfringing or replace it with one that is at least functionally equivalent. If none of the above options can be accomplished, or if the use of such product by the State shall be prevented by injunction, the State agrees to return the product to the Contractor on written request. The Contractor will then give the State a credit equal to the amount paid to the Contractor for the creation of the Work Product. This is the Contractor's entire obligation to the State regarding a claim of infringement. The State is not precluded from seeking other remedies available to it hereunder, including Section 8, and in equity or law for any damages it may sustain due to its inability to continue using such product.
Product Subject of Claim. If any product furnished is likely to or does become the subject of a claim of infringement of a patent or copyright, then the Contractor may, at its option, procure for the County the right to continue using the alleged infringing product, or modify the product so that it becomes noninfringing or replace it with one that is at least functionally equivalent. If none of the above options can be accomplished, or if the use of such product by The County shall be prevented by injunction, the County agrees to return the product to the Contractor on written request. The Contractor will then give the County a credit equal to the amount paid to the Contractor for the creation of the Work Product. This is the Contractor's entire obligation to the County regarding a claim of infringement. The County is not precluded from seeking other remedies available to it hereunder, including Section 8, and in equity or law for any damages it may sustain due to its inability to continue using such product.
