Common use of Rights and remedies in case of possible infringement or misappropriation Clause in Contracts

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 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 ServicesProducts, 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 CustomerInstitution’s use of the Product or Fix, Microsoft will seek to obtain the right for Customer Institution to keep using it or modify or replace it with a functional equivalent, in which case Customer Institution must discontinue use of the prior version immediately. If these options are not commercially reasonable, Microsoft may terminate CustomerInstitution’s right to the Product or Fix and refund any amounts Customer Institution has paid for those rights to Software and or Fixes and, for Online Services, any amount paid for a usage period after the termination date.