Application Specific Use Tier Clause Samples

Application Specific Use Tier. 1. Comshare shall pay Arbor ************* of Arbor's CUR, as defined in Section IV(A) below, for each unit of the Software distributed by Comshare or a Comshare Distributor as a component of a Comshare-packaged application, including without limitation the current versions of Comshare's BudgetPLUS (ad hoc spreadsheet read/write version) and Commander Decision (general purpose) applications, in each case where all of the following requirements are satisfied: a. The Software provided does not qualify for the Limited Use royalty rate in Subsection I(A)(1) above. b. Where a single Comshare-packaged application is delivered to the customer, use of the Software is contractually-limited to use by the customer with the single Comshare application delivered. The Comshare customer license agreement governing the use of the Software must be in a hard copy (i.e., paper) form delivered to and executed by the customer, and must prominently display the following language: THE ARBOR ESSBASE SOFTWARE PROVIDED WITH THIS COMSHARE APPLICATION SOFTWARE IS LIMITED TO USE ONLY WITH THIS COMSHARE PRODUCT. Where Commander Decision (or any successor product) is delivered to the customer solely for use with a Comshare-packaged application, such as BudgetPLUS, such combination shall be deemed a single Comshare-packaged application for purposes of this Subsection I(B)(1)(b), provided that the Comshare customer license agreement governing the use of the Software must be in a hard copy (i.e., paper) form delivered to and executed by the customer, and must prominently display the following language: * Indicates that information has been omitted and confidential treatment has been requested therefore. All such omitted information has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2. THE ARBOR ESSBASE AND COMMANDER DECISION SOFTWARE PROVIDED WITH THIS COMSHARE APPLICATION SOFTWARE ARE LIMITED TO USE ONLY WITH THIS COMSHARE APPLICATION. c. Where Commander Decision (or any successor product) is delivered to the customer as a general purpose application or non-application specific development platform, use of the Software is contractually-limited to use by a customer with Commander Decision and for the development and use of a single application. The Comshare customer license agreement governing the use of the Software must be in a hard copy (i.e., paper) form delivered to and executed by the customer, and must prominently display the following language...