Common use of Remedy and Liability Clause in Contracts

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, 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.three

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 McAfee‟s sole liability and your exclusive remedy for intellectual property infringement claims.

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, McAfee shall, at its sole optiondiscretion, 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 that is substantially similar in functionality and performance; 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 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.