a bit of calculation

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Senior Member
The following paragraph is an extract about infringement of intellectual rights. The part I don't understand is the last part.

So if I paraphrase: the company will give back to customer Price Paid minus 1/8 of the price for six months calculated from the date which the Customer could have used the goods?

I am not sure if I paraphrased correctly because I am not sure what "shall have been able to use" refer to... To the time during which the Customer already used the product, or the time which the customer would be still entitled to use the product in the future, had it not been the problem of infringement???


If the Customer is unable to continue using the allegedly infringing Goods and/or Software because the Company neither defends the claim successfully nor procures at its own expense the right for the Customer to continue using them (unless the Company elects at its own expense either to modify the Goods and/or Software so that they become non-infringing or to replace them with non-infringing items without in either case detracting from overall performance) the Company will accept the return of the Goods and/or Software, the title of the Goods (excluding software) in which shall thereupon re-vest in the Company. The Company will repay the Customer the Price paid less one-eighth of that price for each complete period of six months reckoned from the date which the Customer shall have been able to use the Goods.
  • JudeMama

    Senior Member
    American English
    I'm not sure, but I think it means six months of use or availability.

    For example, if the goods were received in January, and used until June, that would be six months the customer "had use of" the goods.
    Last edited:
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