RSA OPTIONS. If, as a result of any binding settlement among the parties or a final determination by a court of competent jurisdiction, any of the Licensed Software is held to infringe and its use is enjoined, or if RSA reasonably determines in its sole discretion that the Licensed Software may become subject to an injunction, RSA shall have the option to: (i) obtain the right to continue use of the Licensed Software; (ii) replace or modify the Licensed Software so that it is no longer infringing; or (iii) refund the License Fees paid by OEM hereunder less depreciation for use assuming straight line depreciation over a five (5) -year useful life and terminate the Agreement.
Appears in 3 contracts
Samples: Oem Master License Agreement (Watchguard Technologies Inc), Oem Master License Agreement (Watchguard Technologies Inc), Oem Master License Agreement (Watchguard Technologies Inc)
RSA OPTIONS. If, as a result of any binding settlement among the parties or a final determination by a court of competent jurisdiction, any of the Licensed Software is held to infringe and its use is enjoinedin enjoyed, or if RSA reasonably determines in its sole discretion that the Licensed Software may become subject to an injunction, RSA shall have the option to: (i) obtain the right to continue use of the Licensed Software; (ii) replace or modify the Licensed Software so that it is no longer infringing; or (iii) refund the License Fees paid by OEM hereunder less depreciation for use assuming straight line depreciation over a five (5) -year year useful life and terminate the Agreement.
Appears in 2 contracts
Samples: Oem Master License Agreement (Silverstream Software Inc), Oem Master License Agreement (Silverstream Software Inc)
RSA OPTIONS. If, as a result of any binding settlement among the ----------- parties or a final determination by a court of competent jurisdiction, any of the Licensed Software is held to infringe and its use is enjoined, or if RSA reasonably determines in its sole discretion that the Licensed Software may become subject to an injunction, RSA shall have the option to: (i) obtain the right to continue use of the Licensed Software; (ii) replace or modify the Licensed Software so that it is no longer infringing; or (iii) refund the License Fees paid by OEM hereunder less depreciation for use assuming straight line depreciation over a five (5) -year 5)-year useful life and terminate the Agreement.
Appears in 2 contracts
Samples: Oem Master License Agreement (Liquid Audio Inc), Oem Master License Agreement (Liquid Audio Inc)
RSA OPTIONS. If, as a result of any binding settlement among the parties or a final determination by a court of competent jurisdiction, any of the Licensed Software is held to infringe and its is use is enjoined, or if RSA reasonably determines in its sole discretion that the Licensed Software may become subject to an injunction, RSA shall have the option to: (i) obtain the right to continue use of the Licensed Software; (ii) replace or modify the Licensed Software so that it is no longer infringing; or (iii) refund the License Fees paid by OEM hereunder less depreciation for use assuming straight line depreciation over a five (5) -year 5)-year useful life and terminate the Agreement.
Appears in 2 contracts
Samples: Oem Master License Agreement (Phone Com Inc), Oem Master License Agreement (Unwired Planet Inc)
RSA OPTIONS. If, as a result of any binding settlement among the parties or a final determination by a court of competent jurisdiction, any of the Licensed RSA Software is held to infringe and its use is enjoined, or if RSA reasonably reasonable determines in its sole discretion that the Licensed RSA Software may become subject to an injunctioninunction, RSA shall have the option to: (i) to obtain the right to continue use of the Licensed Software; (ii) RSA Software or replace or modify the Licensed RSA Software so that it is no longer infringing; or (iii) . In the event that neither of the foregoing options is reasonably available, then RSA may refund the License Fees paid by OEM hereunder less depreciation for use assuming straight line depreciation over a five (5) -year 5)-year useful life and terminate the Agreement.
Appears in 1 contract
Samples: Oem Object Code License Agreement (Tumbleweed Software Corp)