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, 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.