Common use of Repair and Replace Clause in Contracts

Repair and Replace. If SUSE Cloud Observability is held to infringe and its use is prohibited or if, in SUSE’s reasonable opinion, is likely to become the subject of an infringement claim, Customer will permit SUSE, at SUSE’s option and expense, to (a) procure for Customer the right to continue to use SUSE Cloud Observability, or (b) replace or modify it so that it becomes non-infringing and has the same or additional functionality and comparable or improved performance characteristics, provided that if the measures at (a) and/or (b) are not available on a basis that SUSE finds commercially reasonable, SUSE may terminate this Agreement without further liability and refund to Customer the amount paid for the unused portion of the term of the User Subscriptions as of the effective date of said termination.

Repair and Replace. If SUSE Cloud Observability is held to infringe and its use is prohibited or if, in SUSE’s reasonable opinion, is likely to become the subject of an infringement claim, Customer will permit SUSE, at SUSE’s option and expense, to (a) procure for Customer the right to continue to use SUSE Cloud Observability, or (b) replace or modify it so that it becomes non-infringing and has the same or additional functionality and comparable or improved performance characteristics, provided that if the measures at (a) and/or (b) are not available on a basis that SUSE finds commercially reasonable, SUSE may terminate this Agreement without further liability under this SA and refund to Customer the amount paid for the unused portion of the term of the User Subscriptions as of the effective date of said termination.