Remedy and Liability. In the event that a court of final determination and of competent jurisdiction holds that the Product constitutes a direct infringement or use of the Product is enjoined, Comodo shall, at its sole discretion, do one or more of the following: (i) procure for you the right to continue use of the Product, (ii) provide a modification to the Product so that its use becomes non-infringing, (iii) replace the Product with software that is substantially similar in functionality and performance or (iv), if none of the foregoing alternatives is reasonably available to Comodo, Comodo shall refund the residual value of the purchase price paid by you for the infringing Product, depreciated using a straight-line method of depreciation over a three (3) year period from the date of delivery of the Software to you. Comodo may also request You to remove all copies of any Product held to be infringing or giving rise to a Claim. THE AGGREGATE LIABILITY OF COMODO AND ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AND CONTRACTORS, RESULTING FROM OR CONNECTED TO THIS AGREEMENT SHALL BE LIMITED IN THE AGGREGATE TO THE AMOUNT PAID OR PAYABLE BY YOU UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO A CLAIM. This Section states Comodo’s sole liability and your exclusive remedy for intellectual property infringement claims.
Remedy and Liability. In the event the Software is held by a court of competent jurisdiction to constitute an infringement or use of the Software is enjoined, McAfee shall, at its sole option, do one of the following: (i) procure for you the right to continue use of the Software; (ii) provide a modification to the Software so that its use becomes non-infringing; (iii) replace the Software with software which is substantially similar in functionality and performance; or (iv) if none of the foregoing alternatives is reasonably available to McAfee, McAfee shall refund the residual value of the purchase price paid by you for the infringing Software, depreciated using a straight line method of depreciation over a three (3) year period from the date of delivery of the Software to you. This Section 7 states McAfee‟s sole liability and your exclusive remedy for intellectual property infringement claims.
Remedy and Liability. In the event the Software is held by a court of competent jurisdiction to constitute an infringement or use of the Software is enjoined, aPersona shall, at its sole option, do one of the following:
i) procure for You the right to continue use of the Software;
ii) provide a modification to the Software so that its use becomes non-infringing;
iii) replace the Software with software which is substantially similar in functionality and performance; or
iv) if none of the foregoing alternatives is reasonably available to aPersona, aPersona shall refund: the residual value of the purchase price paid by You for the infringing Software, depreciated using a straight-line method of depreciation over a three (3) year period from the date of delivery of the Software to You (if You paid for a perpetual license), or all fees paid by you for the period of time after the holding (if You paid for a license for a period of time). This Section 7 states aPersona's sole liability and Your exclusive remedy for intellectual property infringement claims.
Remedy and Liability. In the event that a court of final determination and of competent jurisdiction holds that the Product constitutes a direct infringement or use of the Product is enjoined, Comodo shall, at its sole discretion, do one or more of the following: (i) procure for you the right to continue use of the Product, (ii) provide a modification to the Product so that its use becomes non-infringing, (iii) replace the Product with software that is substantially similar in functionality and performance or (iv), if none of the foregoing alternatives is reasonably available to Comodo, Comodo shall refund the residual value of the purchase price paid by you for the infringing Product, depreciated using a straight- line method of depreciation over a three (3) year period from the date of delivery of the Product to you. Comodo may also request You to remove all copies of any Product held to be infringing or giving rise to a Claim. THIS SECTION STATES COMODO’S SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.
Remedy and Liability. The foregoing warranties constitute the sole and exclusive remedy of the Buyer and exclusive liability of Adtran AND IS IN LIEU OF ANY AND ALL OTHER WARRANTIES EXPRESSED OR IMPLIED OR STATUTORY AS TO MERCHANTABILITY, FITNESS FOR PURPOSE SOLD, DESCRIPTION, QUALITY, PRODUCTIVENESS, NON-INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL
Remedy and Liability. 1. VR Owl entire liability and Users exclusive remedy shall be the effort of VR Owl to give access to the VRSync server with a functional VRSync app.
2. The amount of possible connected virtual reality devices depends on the ability of the hotspot of the control device or the wifi network used. VR Owl shall not be liable for the wifi network hardware, configuration, set up. The User is solely responsible for setting up an adequate and proper network for managing the virtual reality devices , according to the specifications provided by the VR Owl.
3. In no event will VR Owl be liable for any content as shown with VRSync.
Remedy and Liability. 7.1. VR Expert entire liability shall be the accessibility to the Argus server with an Argus app on a AR device or computer/laptop.
Remedy and Liability. In the event that a court of final determination and of competent jurisdiction holds that the Product constitutes a direct infringement or use of the Product is enjoined, Xcitium shall, at its sole discretion, do one or more of the following: (i) procure for you the right to continue use of the Product, (ii) provide a modification to the Product so that its use becomes non-infringing, (iii) replace the Product with software that is substantially similar in functionality and performance or (iv), if none of the foregoing alternatives is reasonably available to Xcitium, Xcitium shall refund the residual value of the purchase price paid by you for the infringing Product, depreciated using a straight-line method of depreciation over a three (3) year period from the date of delivery of the Product to you. Xcitium may also request You to remove all copies of any Product held to be infringing or giving rise to a Claim. THIS SECTION STATES XCITIUM’S SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.
Remedy and Liability. Any breach by either Party of the obligations under this Agreement may, in addition to any other remedies available according to applicable law, including the right to claim damages, be met with a right to seek injunctive relief against the breaching Party. Each Party shall be liable for acts or omissions of its Representatives resulting in unauthorized distribution, use and/or disclosure of Confidential Information as if such acts or omissions had been its own acts or omissions.
Remedy and Liability. In the event that the Software is held by a court of competent jurisdiction to constitute an infringement or use of the Software is enjoined, Clear Signal Solutions shall, at its sole discretion, do one of the following: (i) procure for you the right to continue use of the Software, (ii) provide a modification to the Software so that its use becomes non-infringing, (iii) replace the Software with software that is substantially similar in functionality and performance or (iv), if none of the foregoing alternatives is reasonably available to Clear Signal Solutions, Clear Signal Solutions shall refund the residual value of the fees paid by you for the infringing Software, depreciated using a straight-line method of depreciation over a three (3) year period from the date of delivery of the Software to you. This Section states Clear Signal Solutions’ sole liability and your exclusive remedy for intellectual property infringement claims.
