Common use of VERITAS Infringement Options Clause in Contracts

VERITAS Infringement Options. In the event any Software Product or Documentation is held to infringe any intellectual property right, or if use or distribution of the Software Product or Documentation is enjoined, then VERITAS shall, at its sole expense, use diligent efforts to (i) appropriately modify the Software Product and/or Documentation licensed hereunder to eliminate the infringement, or substitute another Software Product and/or Documentation which does not infringe any third party intellectual property rights, provided that the modified or substitute Software Product and Documentation is equivalent in all material respects; or (ii) obtain a license with respect to the applicable third party intellectual property rights. In the event that VERITAS is not able to achieve (i) or (ii) above, VERITAS shall refund to IMG all payments made by IMG hereunder with respect to affected Software Copies.

VERITAS Infringement Options. In the event any Software Product or Documentation is held to infringe any intellectual property right, or if use or distribution of the Software Product or Documentation is enjoined, then VERITAS shall, at its sole expense, use diligent efforts to (i) appropriately modify the Software Product and/or Documentation licensed hereunder to eliminate the infringement, or substitute another Software Product and/or Documentation which does not infringe any third party intellectual property rights, provided that the modified or substitute Software Product and Documentation is equivalent in all material respects; or (iiiii) obtain a license with respect to the applicable third party intellectual property rights. In the event that VERITAS is not able to achieve (i) or (ii) above, VERITAS shall refund to IMG Seagate all payments made by IMG Seagate hereunder with respect to affected Software Copies.

VERITAS Infringement Options. In the event any Software ---------------------------- Product or Documentation is held to infringe any intellectual property right, or if use or distribution of the Software Product or Documentation is enjoined, then VERITAS shall, at its sole expense, use diligent efforts to (i) appropriately modify the Software Product and/or Documentation licensed hereunder to eliminate the infringement, or substitute another Software Product and/or Documentation which does not infringe any third party intellectual property rights, provided that the modified or substitute Software Product and Documentation is equivalent in all material respects; or (ii) obtain a license with respect to the applicable third party intellectual property rights. In the event that VERITAS is not able to achieve (i) or (ii) above, VERITAS shall refund to IMG Seagate all payments made by IMG Seagate hereunder with respect to affected Software Copies.

VERITAS Infringement Options. In the event any Software Product or Documentation is held to infringe any intellectual property right, or if use or distribution of the Software Product or Documentation is enjoined, then VERITAS shall, at its sole expense, use diligent efforts to (i) appropriately modify the Software Product and/or Documentation licensed hereunder to eliminate the infringement, or substitute another Software Product and/or Documentation which does not infringe any third party intellectual property rights, provided that the modified or substitute Software Product and Documentation is equivalent in all material respects; or (ii) obtain a license with respect to the applicable third party intellectual property rights. In the event that VERITAS is not able to achieve (i) or (ii) above, VERITAS shall refund to IMG all payments made by IMG hereunder with respect to affected Software Copies.. 14.3

VERITAS Infringement Options. In the event any Software Product or ---------------------------- Documentation is held to infringe any intellectual property right, or if use or distribution of the Software Product or Documentation is enjoined, then VERITAS shall, at its sole expense, use diligent efforts to (i) appropriately modify the Software Product and/or Documentation licensed hereunder to eliminate the infringement, or substitute another Software Product and/or Documentation which does not infringe any third party intellectual property rights, provided that the modified or substitute Software Product and Documentation is equivalent in all material respects; or (ii) obtain a license with respect to the applicable third party intellectual property rights. In the event that VERITAS is not able to achieve (i) or (ii) above, VERITAS shall refund to IMG all payments made by IMG hereunder with respect to affected Software Copies.