Rights and remedies in case of possible infringement or misappropriation. If Microsoft reasonably believes that a claim under this section may result in a legal bar prohibiting Customer’s use of the Product or Fix, Microsoft will seek to obtain the right for Customer to keep using it or modify or replace it with a functional equivalent, in which case Customer must discontinue use of the prior version immediately. If these options are not commercially reasonable, Microsoft may terminate Customer’s right to the Product or Fix and refund any amounts Customer has paid for those rights to Software and Fixes and, for Online Services, any amount paid for a usage period after the termination date.
Rights and remedies in case of possible infringement or misappropriation. If Microsoft reasonably believes that a claim under this section may result in a legal bar prohibiting the Organization’s use of the Product, Fix, or Services Deliverable, Microsoft will seek to obtain the right for the Organization to keep using it or modify or replace it with a functional equivalent, in which case the Organization must discontinue use of the prior version immediately. If these options are not commercially reasonable, Microsoft may terminate the Organization’s right to the Product, Fix, or Services Deliverable and refund any amounts Institution has paid for those rights to Software, Fixes, and Services Deliverables and, for Online Services, any amount paid for a usage period after the termination date.
Rights and remedies in case of possible infringement or misappropriation. If Microsoft reasonably believes that a claim under this section may result in a legal bar prohibiting Customer’s use of the Product, Fix or Services Deliverable, Microsoft will seek to obtain the right for Customer to keep using it or modify or replace it with a functional equivalent, in which case Customer must discontinue use of the prior version immediately. If these options are not commercially reasonable, Microsoft may terminate Customer’s right to the Product, Fix or Services Deliverable and refund any amounts Customer has paid for those rights to Software, Fixes and Services Deliverables and, for Online Services, any amount paid for a usage period after the termination date. Other terms. The party being defended under this section 6 must notify the other party promptly of any claim subject to this section, give the other party sole control over the defense or settlement; and provide reasonable assistance in defending the claim. The party providing the protection will reimburse the other party for reasonable out of pocket expenses that it incurs in providing assistance. Any settlement must be approved in writing by the defending party. The remedies provided in this section 6 are the exclusive remedies for the claims described in this section. Limitation of liability. For each Product, each party’s maximum, aggregate liability to the other under each Supplemental Agreement is limited to direct damages finally awarded in an amount not to exceed the amounts Customer was required to pay for the applicable Products or Professional Services during the term of the Supplemental Agreement, subject to the following: Online Services. For Online Services, Microsoft’s maximum liability to Customer for any incident giving rise to a claim will not exceed the amount Customer paid for the Online Service during the 12 months before the incident. Free Products and Distributable Code. For Products and Professional Services provided free of charge and code that Customer is authorized to redistribute to third parties without separate payment to Microsoft, Microsoft’s liability is limited to direct damages finally awarded up to US$5,000.
Rights and remedies in case of possible infringement or misappropriation. If Microsoft reasonably believes that a claim under this section may result in a legal bar prohibiting Enrolled Affiliate’s use of the Product or Fix, Microsoft will seek to obtain the right for Enrolled Affiliate to keep using it or modify or replace it with a functional equivalent, in which case Enrolled Affiliate must discontinue use of the prior version immediately. If these options are not commercially reasonable, Microsoft may terminate Enrolled Affiliate’s right to the Product or Fix and refund any amounts Enrolled Affiliate has paid for those rights to Software and Fixes and, for Online Services, any amount paid for a usage period after the termination date.
