Common use of Term; Expiration/Termination Clause in Contracts

Term; Expiration/Termination. This Agreement and the license rights granted hereunder to: (1) any Standalone Software or Test Software licensed for a Subscription Period shall remain in effect until the term of the license (as may be reflected on the applicable License Certificate) automatically expires; but (2) any Standalone Software (and any Updates thereto purchased by Company) that is licensed for a Perpetual Period shall continue to be licensed indefinitely hereunder (each a “Term”); provided, however, the Term is subject to earlier termination by either Party as set forth in this Section or elsewhere in this Agreement. Company may terminate this Agreement as to any or all Software licensed hereunder for any or no reason, effective upon notice to TXOne Networks. TXOne Networks may terminate this Agreement to any or all Software licensed hereunder, effective upon written notice to Company, if Company, materially or persistently breaches this Agreement as to such Software and such breach: (a) is incapable of cure such as breach of, or noncompliance with, TXOne Networks’ intellectual property rights; or (b) if being capable of cure (such as non-payment of monies then-past-due to TXOne Networks or a Reseller for Product), remains uncured for fourteen (14) days after TXOne Networks provides notice of such breach to Company. In addition, TXOne Networks may, at its option, terminate this Agreement as to any or all Software licensed hereunder if permitted under Applicable Law, effective immediately, if Company files, or has filed against it, a petition for voluntary or involuntary bankruptcy or pursuant to any other insolvency law, makes or seeks to make a general assignment for the benefit of its creditors or applies for, or consents to, the appointment of a trustee, receiver, or custodian for a substantial part of its property. Upon expiration or earlier termination of this Agreement as to all or a portion (as the case may be) of Software licensed hereunder, the licenses granted hereunder to such expiring or terminating Software (and its Documentation) shall immediately terminate, and Company shall immediately cease use thereof and will uninstall and destroy all copies of the Software (and Documentation) and certify the same to TXOne Networks in writing. No expiration or termination shall affect Company's obligation to pay all charges and fees that may have become due before such expiration or termination, or entitle Company to any partial or full refund of amounts already received by TXOne Networks, except as specifically set forth in Sections 9.1 and 11.3.

Term; Expiration/Termination. This Agreement and the license rights granted hereunder to: (1) any Standalone Software or Test Software licensed for a Subscription Period shall remain in effect until the term of the license (as may be reflected on the applicable License Certificate) automatically expires; but (2) any Standalone Software (and any Updates thereto purchased by Company) that is licensed for a Perpetual Period shall continue to be licensed indefinitely hereunder (each a “Term”); , provided, however, the Term is subject to earlier termination by either Party as set forth in this Section or elsewhere in this Agreement. Company may terminate this Agreement as to any or all Software licensed hereunder for any or no reason, effective upon notice to TXOne NetworksTrend Micro. TXOne Networks Trend Micro may terminate this Agreement to any or all Software licensed hereunder, effective upon written notice to Company, if Company, materially or persistently breaches this Agreement as to such Software and such breach: (a) is incapable of cure such as breach of, or noncompliance with, TXOne Networks’ Trend Micro’s intellectual property rights; or (b) if being capable of cure (such as non-payment of monies then-past-due to TXOne Networks or a Reseller for Product)cure, remains uncured for fourteen (14) days after TXOne Networks Trend Micro provides notice of such breach to Company. In addition, TXOne Networks Trend Micro may, at its option, terminate this Agreement as to any or all Software licensed hereunder if permitted under Applicable Law, effective immediately, if Company files, or has filed against it, a petition for voluntary or involuntary bankruptcy or pursuant to any other insolvency law, makes or seeks to make a general assignment for the benefit of its creditors or applies for, or consents to, the appointment of a trustee, receiver, or custodian for a substantial part of its property. Upon expiration or earlier termination of this Agreement as to all or a portion (as the case may be) of Software licensed hereunder, the licenses granted hereunder to such expiring or terminating Software (and its Documentation) shall immediately terminate, and Company shall immediately cease use thereof and will uninstall and destroy all copies of the Software (and Documentation) and certify the same to TXOne Networks Trend Micro in writing. No expiration or termination shall affect Company's obligation to pay all charges and fees that may have become due before such expiration or termination, or entitle Company to any partial or full refund of amounts already received by TXOne NetworksTrend Micro, except as specifically set forth in Sections 9.1 11.1 and 11.313.3.

Term; Expiration/Termination. This Agreement and the license rights granted hereunder to: (1) any Standalone Software or Test Software licensed for a Subscription Period shall remain in effect until the term of the license (as may be reflected on the applicable License Certificate) automatically expires; but (2) any Standalone Software (and any Updates thereto purchased by Company) that is licensed for a Perpetual Period shall continue to be licensed indefinitely hereunder (each a “Term”); provided, however, the Term is subject to earlier termination by either Party as set forth in this Section or elsewhere in this Agreement. Company may terminate this Agreement as to any or all Software licensed hereunder for any or no reason, effective upon notice to TXOne NetworksTrend Micro. TXOne Networks Trend Micro may terminate this Agreement to any or all Software licensed hereunder, effective upon written notice to Company, if Company, materially or persistently breaches this Agreement as to such Software and such breach: (a) is incapable of cure such as breach of, or noncompliance with, TXOne Networks’ Trend Micro’s intellectual property rights; or (b) if being capable of cure (such as non-payment of monies then-past-due to TXOne Networks Trend Micro or a Reseller for Product), remains uncured for fourteen (14) days after TXOne Networks Trend Micro provides notice of such breach to Company. In addition, TXOne Networks Trend Micro may, at its option, terminate this Agreement as to any or all Software licensed hereunder if permitted under Applicable Law, effective immediately, if Company files, or has filed against it, a petition for voluntary or involuntary bankruptcy or pursuant to any other insolvency law, makes or seeks to make a general assignment for the benefit of its creditors or applies for, or consents to, the appointment of a trustee, receiver, or custodian for a substantial part of its property. Upon expiration or earlier termination of this Agreement as to all or a portion (as the case may be) of Software licensed hereunder, the licenses granted hereunder to such expiring or terminating Software (and its Documentation) shall immediately terminate, and Company shall immediately cease use thereof and will uninstall and destroy all copies of the Software (and Documentation) and certify the same to TXOne Networks Trend Micro in writing. No expiration or termination shall affect Company's obligation to pay all charges and fees that may have become due before such expiration or termination, or entitle Company to any partial or full refund of amounts already received by TXOne NetworksTrend Micro, except as specifically set forth in Sections 9.1 11.1 and 11.313.3.

Term; Expiration/Termination. This Agreement and the license rights granted hereunder to: (1) any Standalone Software or Test Free- Use Software licensed for a Subscription Period shall remain in effect until the term of the license (as may be reflected on the applicable License Certificate) automatically expires; but (2) any Standalone Software (and any Updates thereto purchased by Company) that is licensed for a Perpetual Period shall continue to be licensed indefinitely hereunder (each a “Term”); provided, however, the Term is subject to earlier termination by either Party as set forth in this Section or elsewhere in this Agreement. Company may terminate this Agreement as to any or all Software licensed hereunder for any or no reason, effective upon notice to TXOne NetworksTrend Micro. TXOne Networks Trend Micro may terminate this Agreement to any or all Software licensed hereunder, effective upon written notice to Company, if Company, materially or persistently breaches this Agreement as to such Software and such breach: (a) is incapable of cure such as breach of, or noncompliance with, TXOne Networks’ Trend Micro’s intellectual property rights; or (b) if being capable of cure (such as non-payment of monies then-past-due to TXOne Networks Trend Micro or a Reseller for Product), remains uncured for fourteen (14) days after TXOne Networks Trend Micro provides notice of such breach to Company. In addition, TXOne Networks Trend Micro may, at its option, terminate this Agreement as to any or all Software licensed hereunder if permitted under Applicable Law, effective immediately, if Company files, or has filed against it, a petition for voluntary or involuntary bankruptcy or pursuant to any other insolvency law, makes or seeks to make a general assignment for the benefit of its creditors or applies for, or consents to, the appointment of a trustee, receiver, or custodian for a substantial part of its property. Upon expiration or earlier termination of this Agreement as to all or a portion (as the case may be) of Software licensed hereunder, the licenses granted hereunder to such expiring or terminating Software (and its Documentation) shall immediately terminate, and Company shall immediately cease use thereof and will uninstall and destroy all copies of the Software (and Documentation) and certify the same to TXOne Networks Trend Micro in writing. No expiration or termination shall affect Company's obligation to pay all charges and fees that may have become due before such expiration or termination, or entitle Company to any partial or full refund of amounts already received by TXOne NetworksTrend Micro, except as specifically set forth in Sections 9.1 11.1 and 11.313.3.