Common use of PTC’s Right to Act to Prevent a Claim Clause in Contracts

PTC’s Right to Act to Prevent a Claim. If a claim described in Section 5.1 hereof occurs or, in PTC’s opinion, may occur, Customer shall permit PTC, at PTC’s option and expense to: (a) procure for Customer the right to continue using the Licensed Product; (b) modify the Licensed Product so that it becomes non-infringing without materially impairing its functionality; or (c) terminate the applicable Licenses, accept return of the Licensed Products and grant Customer a credit thereon equal to the lesser of the license fees paid by Customer for such Licensed Product or PTC’s list price for such Licensed Product at the time of the order therefor, in each case depreciated on a straight-line, five year basis.

Appears in 6 contracts

Samples: License Agreement, License Agreement, License Agreement

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PTC’s Right to Act to Prevent a Claim. If a claim described in Section 5.1 6.1 hereof occurs or, in PTC’s opinion, may occur, Customer shall permit PTC, at PTC’s option and expense to: (a) procure for Customer the right to continue using the Licensed Product; (b) modify the Licensed Product so that it becomes non-infringing without materially impairing its functionality; or (c) terminate the applicable LicensesLicences, accept return of the Licensed Products and grant Customer a credit thereon equal to the lesser of the license licence fees paid by Customer for such Licensed Product or PTC’s list price for such Licensed Product at the time of the order therefor, in each case depreciated on a straight-line, five year basis.

Appears in 5 contracts

Samples: Customer Agreement for PTC Products, Customer Agreement for PTC Products, Customer Agreement for PTC Products

PTC’s Right to Act to Prevent a Claim. If a claim described in Section 5.1 hereof occurs or, in PTC’s opinion, may occur, Customer shall permit PTC, at PTC’s option and expense to: (a) procure for Customer the right to continue using the Licensed Product; (b) modify the Licensed Product so that it becomes non-infringing without materially impairing its functionality; or (c) terminate the applicable Licenses, accept return of the Licensed Products and grant Customer a credit thereon equal to the lesser of the license License fees paid by Customer for such Licensed Product or PTC’s list price for such Licensed Product at the time of the order therefor, in each case depreciated on a straight-line, five year basis.

Appears in 3 contracts

Samples: PTC Customer Agreement, PTC Customer Agreement, PTC Customer Agreement

PTC’s Right to Act to Prevent a Claim. If a claim described in Section 5.1 6.1 hereof occurs or, in PTC’s opinion, may occur, Customer shall permit PTC, at PTC’s option and expense to: (a) procure for Customer the right to continue using the Licensed Product; (b) modify the Licensed Product so that it becomes non-infringing without materially impairing its functionality; or (c) terminate the applicable Licenses, accept return of the Licensed Products and grant Customer a credit thereon equal to the lesser of the license fees paid by Customer for such Licensed Product or PTC’s list price for such Licensed Product at the time of the order therefor, in each case depreciated on a straight-line, five year basis.

Appears in 2 contracts

Samples: Customer Agreement, Customer Agreement for PTC Products

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PTC’s Right to Act to Prevent a Claim. If a claim described in Section 5.1 7.1 hereof occurs or, in PTC’s opinion, may occur, Customer shall permit PTC, at PTC’s option and expense to: (a) procure for Customer the right to continue using the Licensed Product; (b) modify the Licensed Product so that it becomes non-infringing without materially impairing its functionality; or (c) terminate the applicable Licenses, accept return of the applicable Licensed Products and grant Customer a credit thereon equal to the lesser of the license fees paid by Customer for such Licensed Product or PTC’s list price for such Licensed Product at the time of the order therefor, in each case depreciated on a straight-line, five year basis.

Appears in 1 contract

Samples: Terms and Conditions

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