The foregoing provisions of this section shall not apply to the extent the damages relate to or arise out of: (i) Licensee’s own data; (ii) unauthorized use and/or alteration of the Services and/or the Products by Licensee and/or its users. Should the Products, the Services, or any part thereof become, or in Company’s reasonable opinion be likely to become, the subject of a claim for infringement of a third-party intellectual property right, then Company may, at its sole option and expense: (i) procure for Licensee the right to use and access the infringing or potentially infringing item(s) of the Services or the Products free of any liability for infringement; or (ii) replace or modify the infringing or potentially infringing item(s) of the Services and/or the Products with a non-infringing substitute otherwise materially complying with the functionality of the replaced system.
Limitation of liability for license rights and intellectual property rights for licensee data
