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
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. 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:
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.
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 PROPERTY RIGHTS OR ANY OTHER MATTER. Without limiting the foregoing, in no event shall Adtran or its suppliers be liable to Buyer for any indirect, incidental, special, punitive, exemplary or consequential damages experienced by either Buyer or a third party (including, but not limited to, loss of data or information, loss of profits, or loss of use). Adtran is not liable for damages for any cause whatsoever (whether based in contract, tort, or otherwise) in excess of the amount paid for the Products.
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 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
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, Seceon 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 Seceon, Seceon 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 Seceon’s sole liability and your exclusive remedy for intellectual property infringement claims.
