Common use of Modification of Licensed Software Clause in Contracts

Modification of Licensed Software. Should the Licensed Software become, or in A5’s opinion be likely to become, the subject of an Infringement Claim, A5 will have the right, at A5's option and expense, (i) to procure for Atossa, on terms reasonably acceptable to Atossa, the right to continue using the Licensed Software, or (ii) to replace or modify it with a non-infringing version of substantially equivalent function and performance.

Modification of Licensed Software. Should the Licensed Software become, or in A5’s opinion be likely to become, the subject of an Infringement Claim, A5 will have the right, at A5's ’s option and expense, (i) to procure for Atossa, on terms reasonably acceptable to Atossa, the right to continue using the Licensed Software, or (ii) to replace or modify it with a non-infringing version of substantially equivalent function and performance.