Common use of Enjoined Use Clause in Contracts

Enjoined Use. If we believe a Product may be or is subject to an infringement claim, or if a court of competent jurisdiction enjoins your use of a Product as a result of an infringement claim, we may, at our expense and our discretion: (a) procure for you the right to continue using the Product; (b) modify the Product to make it non-infringing; or (c) replace it with a functional non-infringing equivalent. If we believe that none of these options is reasonably available, then we may terminate the license to the allegedly infringing Product and our sole liability will be to refund to you the license fees you paid for such Products, prorated over a five (5) year period from the date of their delivery to you.

Enjoined Use. If we believe a Product may be or is subject to an infringement claim, or if a court of competent jurisdiction enjoins your use of a Product as a result of an infringement claim, we may, at our expense and our discretion: (a) procure for you the right to continue using the Product; (b) modify the Product to make it non-infringing; or (c) replace it with a functional non-infringing equivalent. If we believe that none of these options is reasonably available, then we may terminate the license licence to the allegedly infringing Product and our sole liability will be to refund to you the license licence fees you paid for such Products, prorated over a five (5) year period from the date of their delivery to you.