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 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. For Licenses purchased with a perpetual License Term, such credit shall be equal to the license fees paid by Customer for such Licensed Product depreciated on a straight-line, five year basis. For Licenses purchased on a term license or subscription basis, such credit shall be equal to the prepaid license or subscription fees for the remainder of the License Term.

Appears in 4 contracts

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

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PTC’s Right to Act to Prevent a Claim. If a claim described in Section 7.1 8.1 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. For Licenses purchased with a perpetual License Term, such credit shall be equal to the license fees paid by Customer for such Licensed Product depreciated on a straight-line, five five-year basis. For Licenses purchased on a term license or subscription basis, such credit shall be equal to the prepaid license or subscription fees for the remainder of the License Term.

Appears in 2 contracts

Samples: PTC Customer Agreement, PTC Customer Agreement

PTC’s Right to Act to Prevent a Claim. If a claim described in Section 7.1 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 applicable Licensed Products and grant Customer a credit thereon. For Licenses purchased with a perpetual License Term, such credit shall be equal to the license License fees paid by Customer for such Licensed Product depreciated on a straight-line, five year basis. For Licenses purchased on a term license or subscription basis, such credit shall be equal to the prepaid license or subscription fees for the remainder of the License Term.

Appears in 2 contracts

Samples: PTC Customer Agreement, PTC Customer Agreement

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PTC’s Right to Act to Prevent a Claim. If a claim described in Section 7.1 8.1 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. For Licenses purchased with a perpetual perpetua l License Term, such credit shall be equal to the license fees paid by Customer for such Licensed Product depreciated on a straight-line, five five-year basis. For Licenses purchased on a term license or subscription basis, such credit shall be equal to the prepaid license or subscription subscrip tion fees for the remainder of the License Term.

Appears in 1 contract

Samples: PTC Customer Agreement

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