Remedies. If the Software becomes, or, in Qlik’s opinion, is likely to become, the subject of an IP Claim, Qlik may, at its option and expense, either:
(i) obtain the right for Customer to continue using the Software in accordance with this Agreement;
(ii) replace or modify the Software so that it becomes non-infringing while retaining substantially similar functionality; or
(iii) if neither of the foregoing remedies can be reasonably effected by Qlik, terminate the license(s) for the subject Software (without need for a ruling by a court or arbitrator) and refund as applicable a pro rata portion of prepaid subscription fees, or license fees amortized over three
Remedies. If the Qlik Product becomes, or, in Qlik’s opinion, is likely to become, the subject of an IP Claim, Qlik may, at its option and expense, either:
(i) obtain the right for Customer to continue using the Qlik Product in accordance with this Agreement;
(ii) replace or modify the Qlik Product so that it becomes non-infringing while retaining substantially similar functionality; or
(iii) if neither of the foregoing remedies can be reasonably provided by Qlik, terminate all rights to use the Qlik Products (without need for a ruling by a court or arbitrator) and refund as applicable a pro rata portion of unused, prepaid fees.
Remedies. If the Receiving Party discloses or uses (or threatens to disclose or use) or fails to limit access to any Confidential Information of the Disclosing Party in breach of the confidentiality obligations set forth herein, the Disclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the parties that any other available remedies are inadequate.