Common use of Infringement Remedy Clause in Contracts

Infringement Remedy. If Customer is enjoined or otherwise prohibited from using the Services or a portion thereof based on an allegation that the Services violate any third party Intellectual Property Rights (including a Claim), or if CrowdSense reasonably determines that such prohibition is likely, then CrowdSense will, at its sole expense and option: (a) obtain for Customer the right to use the allegedly infringing portions of the Services; (b) modify the allegedly infringing portions of the Services so as to render them non-infringing without substantially diminishing or impairing their functionality; or (c) replace the allegedly infringing portions of the Services with non-infringing items of substantially similar functionality. If CrowdSense determines that the foregoing remedies are not commercially reasonable, then CrowdSense may terminate the impacted Customer Order, or portion thereof, and will promptly provide a prorated refund to Customer for any prepaid fees received by CrowdSense for any Services that have not yet been performed at the time of termination.

Infringement Remedy. If Customer Subscriber is enjoined or otherwise prohibited from using the Services or a portion thereof based on an allegation that the Services violate any third party Intellectual Property Rights (including a Claim), or if CrowdSense Sprout Social reasonably determines that such prohibition is likely, then CrowdSense Sprout Social will, at its sole expense and option: : (a) obtain for Customer Subscriber the right to use the allegedly infringing portions of the Services; ; (b) modify the allegedly infringing portions of the Services so as to render them non-infringing without substantially diminishing or impairing their functionality; or or (c) replace the allegedly infringing portions of the Services with non-infringing items of substantially similar functionality. If CrowdSense Sprout Social determines that the foregoing remedies are not commercially reasonable, then CrowdSense Sprout Social may terminate the impacted Customer Service Order, or portion thereof, and will promptly provide a prorated refund to Customer Subscriber for any prepaid fees received by CrowdSense Sprout Social for any Services that have not yet been performed at used or provided upon the time effective date of termination.

Infringement Remedy. If Customer is enjoined or otherwise prohibited from using the Services or a portion thereof based on an allegation that the Services violate any third party Intellectual Property Rights (including a Claim), or if CrowdSense Provider reasonably determines that such prohibition is likely, then CrowdSense Provider will, at its sole expense and option: (a) obtain for Customer the right to use the allegedly infringing portions of the Services; (b) modify the allegedly infringing portions of the Services so as to render them non-infringing without substantially diminishing or impairing their functionality; or (c) replace the allegedly infringing portions of the Services with non-infringing items of substantially similar functionality. If CrowdSense Provider determines that the foregoing remedies are not commercially reasonable, then CrowdSense Provider may terminate the impacted Customer Order, or portion thereof, and will promptly provide a prorated refund to Customer for any prepaid fees received by CrowdSense Provider for any Services that have not yet been performed at the time of termination.