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

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 threethree (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 threethree (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.