IF EQS GROUP DEFENDS OR SETTLES AN INFRINGEMENT CLAIM ARISING UNDER. SECTION 9.1 ABOVE, EQS GROUP’S LIABILITY AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY (IN ADDITION TO THE “INDEMNITY”) SHALL BE FOR EQS GROUP AT ITS OWN EXPENSE, TO EITHER (A) REPAIR, REPLACE OR MODIFY THE AFFECTED SERVICE OR
IF EQS GROUP DEFENDS OR SETTLES AN INFRINGEMENT CLAIM ARISING UNDER. SECTION 9.1 ABOVE, EQS GROUP’S LIABILITY AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY (IN ADDITION TO THE “INDEMNITY”) SHALL BE FOR EQS GROUP AT ITS OWN EXPENSE, TO EITHER (A) REPAIR, REPLACE OR MODIFY THE AFFECTED SERVICE OR (B) ALTERNATIVELY, PROCURE FOR CUSTOMER THE RIGHT TO CONTINUE TO USE THE AFFECTED SERVICE. IF THE FOREGOING REMEDIES ARE NOT COMMERCIALLY FEASIBLE (IN THE REASONABLE OPINION OF EQS GROUP), EQS GROUP MAY CANCEL THE APPLICABLE ORDER FOR THE AFFECTED SERVICE AND REFUND ANY UNEARNED LICENSE FEES PAID TO EQS GROUP BY CUSTOMER FOR THE AFFECTED SERVICE.