Common use of Infringement Mitigation Clause in Contracts

Infringement Mitigation. If the Product or Documentation become, or in Cyberbit’s reasonable judgment are likely to become, the subject of a claim of patent or copyright infringement, or be deemed in violation of a third party’s intellectual property rights, or if Cyberbit settles a claim of infringement or violation, Cyberbit may at its sole option and discretion: (i) replace or modify the Product to make it non-infringing; or (ii) terminate the Purchase Order and return any consideration actually pre-paid to Cyberbit on account of the terminated License Term.

Infringement Mitigation. If the any Product or Documentation Service become, or in Cyberbit’s reasonable judgment are likely to become, the subject of a claim of patent or copyright infringement, infringement or be deemed in violation of a third party’s intellectual property rights, rights or if Cyberbit settles a claim of infringement or violation, Cyberbit may at its sole option and discretion: (i) replace or modify the Product and/or Service to make it non-non- infringing; or (ii) terminate the Purchase Order and return any consideration actually pre-paid to Cyberbit on account of the terminated License Terma pro-rata basis.