Common use of Customer’s Remedies Clause in Contracts

Customer’s Remedies. If Customer's use of any Product under the terms of this Agreement is, or in Licensor's opinion is likely to be, enjoined due to the type of infringement or misappropriation specified in clause 19.1.1 above, then the Licensor may, at its sole option and expense, either: (i) procure for the Customer the right to continue using such Product under the terms of this Agreement; or (ii) replace or modify such Product so that they are non-infringing and substantially equivalent in function to the infringing component of the Product; or (iii), if the foregoing options are not accomplished despite the reasonable efforts of the Licensor, then the Licensor may terminate this Agreement and the Customer would be entitled to receive a pro-rated refund for the pre-paid fees for the unexpired period.

Customer’s Remedies. If Customer's use of any Product under the terms of this Agreement is, or in Licensor's opinion is likely to be, enjoined due to the type of infringement or misappropriation specified in clause 19.1.1 17.2.1 above, then the Licensor may, at its sole option and expense, either: (i) procure for the Customer the right to continue using such Product under the terms of this Agreement; or (ii) replace or modify such Product so that they are non-infringing and substantially equivalent in function to the infringing component of the Product; or (iii), if the foregoing options are not accomplished despite the reasonable efforts of the Licensor, then the Licensor may terminate this Agreement and the Customer would be entitled to receive a pro-rated refund for the pre-paid fees for the unexpired period.