Remedy for Infringement. If Acumatica receives information concerning an Infringement Claim, Acumatica may, at its expense and without obligation to do so, either (a) procure for you the right to continue to run the Software or (b) modify the Software or replace it with a functional equivalent, to make it non-infringing, in which case you will stop using the allegedly- infringing Software immediately. If, as a result of an Infringement Claim, your use of the Software is enjoined by a court of competent jurisdiction, Acumatica will, at its option, (w) procure the right to continue its use, (x) replace it with a functional equivalent, (y) modify it to make it non-infringing, or
Remedy for Infringement. If Acumatica receives information concerning an
Remedy for Infringement. Should Customer's right to use the Licensed Services pursuant to the Agreement be subject to a Claim of infringement, or if Impartner reasonably believes such a Claim of infringement (collectively, “IP Claims”) may arise, Impartner may, at its option and in its sole discretion: (i) procure for Customer the right to continue to access and use the Licensed Services; (ii) modify the Licensed Services to render them non-infringing but substantially functionally equivalent to the Licensed Services prior to such modification; or (iii) if the alternatives described in clauses (i) and (ii) of this paragraph are not commercially practicable, then Impartner may terminate the Agreement and refund to Customer any amounts pre-paid by Customer for the Licensed Services for the unused portion of the subscription term.
Remedy for Infringement. If any Equipment, Documentation, materials and/or Services furnished hereunder are held to constitute infringement, and the use thereof is temporarily or permanently enjoined, then Seller shall, at its own expense, in such manner as to minimize the disturbance to Buyer's business activities, either: (i) obtain for Buyer the right to continue using such Equipment, Documentation, materials and/or Services or (ii) modify such Equipment, Documentation, materials and/or Services to become non-infringing (provided that such modification does not affect Buyer's intended use of the same as contemplated hereunder); or (iii) replace such Equipment, Documentation, materials and/or Services with equally suitable, non-infringing Equipment, Documentation, materials and/or Services, provided such replacement Equipment does not degrade the operation of the Equipment or affect Seller's warranty. Sections 12.1 and 12.2 state the entire liability of Seller for infringement of any patent, copyright or similar proprietary right with respect to any Equipment, Documentation, materials and/or Services.
Remedy for Infringement. 9.3.2.1. If the Indemnified Party’s continued use of the Product is restricted or prohibited as a result of any such infringement, misappropriation, or violation of third party rights, Indemnifying Party shall, at Indemnified Party’s option and at no charge to Indemnified Party, and in addition to Indemnified Party’s other rights and remedies under this Section 9.3, (i) obtain for Indemnified Party the right to continue using the such Product; (ii) modify the item(s) in question so that it is no longer infringing (provided that such modification does not degrade the performance or quality of the Product or adversely affect Indemnified Party’s intended use thereof as contemplated in this Agreement); or (iii) replace such item(s) with a non-infringing functional equivalent, provided that Indemnifying Party makes commercially reasonable efforts to ensure that the implementation of such equivalent does not have any adverse impact on Indemnified Party use thereof or performance of any of its business operations related thereto.
9.3.2.2. If none of Section 9.3.2.1(i), (ii) or (iii) is available to Indemnifying Party after exercising all commercially reasonable efforts, it shall have the right to require Indemnified Party to cease using and to remove the affected Product, provided that Indemnified Party shall maintain all rights and remedies otherwise available under this Section 9.3.
9.3.2.3. Notwithstanding the foregoing, Indemnifying Party shall not have any obligation of indemnification under Section 9.3 to the extent that such infringement or misappropriation is directly attributable to: (i) modifications made by Indemnified Party or any other party after delivery to Indemnified Party (other than at Indemnifying Party’s direction) if such infringement or misappropriation would not have occurred but for such modification, (ii) the combination of the Product with items not furnished, specified or reasonably anticipated by Indemnifying Party to be used by Indemnified Party or contemplated by this Agreement if such infringement or misappropriation would not have occurred but for such combined use, (iii) any infringement or misappropriation arising from Indemnifying Party’s compliance with Indemnified Party’s designs, specifications, or directions if such infringement or misappropriation would not have occurred but for such compliance and Indemnifying Party had no reasonable basis for knowing that such compliance would result in an infringement or misappropriatio...
Remedy for Infringement. If any Product, or any portion thereof, is finally adjudged to infringe a patent, copyright, trade secret or other intellectual property right, or if in Castelle’s opinion is likely to become the subject of such a claim, Castelle shall, at its option, either: (i) procure for Distributor the right to continue using the Product(s); or (ii) replace or modify the Products(s) so that it becomes non-infringing; or (iii) upon return of all infringing Product(s), refund to Distributor the price actually paid by Distributor for the infringing Products; or (iv) substitute for the infringing Products(s) other suitable, non-infringing equipment.
Remedy for Infringement. Notwithstanding Section 11.1 above, if DataSelf receives information concerning an Infringement Claim, DataSelf may, at its expense and without obligation to do so, either (a) procure for Licensee the right to continue to run the Software or (b) modify the Software or replace it with a functional equivalent, to make it non-infringing, in which case Licensee will stop using the allegedly-infringing Software immediately. If, as a result of an Infringement Claim, Licensee’s use of the Software is enjoined by a court of competent jurisdiction, DataSelf will, at its option, (w) procure the right to continue its use, (x) replace it with a substantially functional equivalent, (y) modify it to make it non-infringing, or (z) refund the Fees paid by Licensee and terminate this Agreement. INDEMNIFICATION AS PROVIDED IN SECTION 11.1 AND THIS SECTION 11.2 CONSTITUTES THE SOLE AND EXCLUSIVE REMEDY OF LICENSEE WITH RESPECT TO ANY INFRINGEMENT CLAIM.
Remedy for Infringement. 10.2.1 If any MIPS Technology or any portion thereof, for which MIPS is responsible as set forth in section 10.1.1, is finally adjudged to infringe a United States patent or copyright as to which MIPS is obligated to indemnify WEITEK in accordance with section
10.1.1 MIPS shall use reasonable best efforts to:
10.2.1.1 procure the right to continue using the unmodified MIPS Technology,
10.2.1.2 modify the MIPS Technology so that becomes non-infringing, or
10.2.1.3 replace the unmodified MIPS Technology, or infringing portions thereof, with reasonably equivalent non-infringing products.
10.2.2 If any WEITEK manufacturing process, any modification to MIPS Technology, any use of MIPS Technology in combination, any marking or branding of MIPS Technology, or any infringement based upon third party software for which WEITEK is responsible as set forth in section 10.1.2, is finally adjudged to infringe a United States patent or copyright as to which WEITEK is obligated to indemnify MIPS in accordance with section 10.1.2, WEITEK shall use reasonable best efforts to:
10.2.2.1 procure the right to continue using the process, modification, marking branding or use in combination
10.2.2.2 modify the process, modification, marking, branding or use in combination so that it becomes non-infringing, or
10.2.2.3 replace the process, modification, marking, branding or use in combination, or infringing portions thereof, with reasonably equivalent non-infringing products or processes.
10.2.3 In the event that there is a final adjudication of infringement, the liability of the indemnifying party for infringement indemnification shall terminate with respect to all damages regarding the infringing intellectual property arising after the date of such final adjudication.
Remedy for Infringement. If QL receives information concerning an Infringement Claim, QL may, at its expense and without obligation to do so, either (a) procure for you the right to continue to run the Software or (b) modify the Software or replace it with a functional equivalent, to make it non-infringing, in which case you will stop using the allegedly- infringing Software immediately. If, as a result of an Infringement Claim, your use of the Software is enjoined by a court of competent jurisdiction, QL will, at its option, (w) procure the right to continue its use, (x) replace it with a functional equivalent, (y) modify it to make it non-infringing, or
Remedy for Infringement. If any Services or any WealthEngine Content is, or in WealthEngine’s opinion, is likely to become the subject of any infringement-related claim, then WealthEngine will, at its expense and in its discretion: (i) procure for Client the right to continue using the Services or WealthEngine Content; (ii) replace or modify the infringing technology or material so that the Services or the WealthEngine Content becomes non-infringing and remains a materially functionally equivalent; or (iii) terminate the Sales Agreement pursuant to which the Services or WealthEngine Content was provided. THE PROVISIONS OF THIS SECTION STATE WEALTHENGINE’S ENTIRE LIABILITY AND CLIENT’S EXCLUSIVE REMEDIES FOR ANY CLAIM THAT THE SERVICES OR THE WEALTHENGINE CONTENT INFRINGES A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHT.
