Common use of Infringement Mitigation Clause in Contracts

Infringement Mitigation. If any of the Products become, or in Cyberbit’s reasonable judgment are likely to become, the subject of a claim of patent or copyright infringement or violation of a third party’s Intellectual Property Rights or if Cyberbit settles a claim of infringement or violation, it may at its sole option and discretion: (a) replace or modify the Product to make it non-infringing; or (b) terminate this Agreement and return the consideration actually paid for the Product on a pro-rata basis. Cyberbit shall notify You, in writing, whether or not it is exercising any of the foregoing options.

Infringement Mitigation. If any of the Products Product, Software or Services become, or in Cyberbit’s reasonable judgment are likely to become, the subject of a claim of patent or copyright infringement or violation of a third party’s Intellectual Property Rights intellectual property rights or if Cyberbit settles a claim of infringement or violation, it Cyberbit may at its sole option and discretion: (ai) replace or modify the Product and/or Services to make it non-infringing; or (bii) terminate this Agreement and return the any consideration actually pre-paid for to Cyberbit on account of the Product on a pro-rata basisterminated License Term. Cyberbit shall notify You, You in writing, whether or not it is exercising any of the foregoing options.

Infringement Mitigation. If any of the Products Product, Software or Services become, or in Cyberbit’s reasonable judgment are likely to become, the subject of a claim of patent or copyright infringement or violation of a third party’s Intellectual Property Rights intellectual property rights or if Cyberbit settles a claim of infringement or violation, it Cyberbit may at its sole option and discretion: (ai) replace or modify the Product and/or Services to make it non-infringing; or (bii) terminate this Agreement and return the any consideration actually paid for the Product to Cyberbit on a pro-rata basis. Cyberbit shall notify You, You in writing, whether or not it is exercising any of the foregoing options.