modify or replace the allegedly infringing Equipment, System and/or Software or any Equipment, System and/or Software in questions under the IPR Claim, without prejudice to the representations and warranties made to the Equipment, System and/or Software and without diminishing or curtailing any of the required functions or facilities or the performance of the Equipment, System and/or Software so as to avoid the infringement, alleged infringement, IPR Claim any injunction or court order (as the case may be);