IP Remedies without a Warranty

 IP Remedies without a Warranty


In the event the Software infringes the intellectual property rights of a third party, Vendor, at its own expense, shall promptly take the following actions: (a) secure for Customer the right to continue using the Software; (b) replace or modify the Software to make it noninfringing, provided such modification or replacement does not materially degrade any functionality set forth in the Specifications; or (c) refund __% of the licensee fee paid for the Software for every month remaining in its license term following the date after which Customer is required to cease operation of the Software. In conjunction with Section __ (IP Indemnity) and Customer’s right to terminate for breach where applicable, the preceding sentence states Vendor’s sole obligation and liability, and Customer’s sole remedy, for potential or actual intellectual property infringement by the Software.