ERRONEOUS VIOLATIONS Sample Clauses
ERRONEOUS VIOLATIONS. If more than 5% of the Events from a System submitted by NG for review by the Customer in a calendar year are Erroneous Violations, NG shall be subject to liquidated damages for each Erroneous Violation issued and paid equal to 50% of the fine amount for the Erroneous Violation issued, plus any reimbursements paid by the Customer in excess of 50% of the fine amount paid for any such Erroneous Violation that is issued and paid. This LICENSE AGREEMENT (the “License”) is part of an agreement (the “Agreement”) (to which a copy of this License is attached as Exhibit B) between the Customer named in the Agreement and NovoaGlobal, Inc. (“NG”) for the NG software product identified above, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (the “SOFTWARE PRODUCT”). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to the Customer by NG. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate license agreement is licensed to the Customer under the terms of that license agreement. By execution of the Agreement, the Customer has agreed to be bound by the terms of this License. Such agreement by the Customer is an express condition to its ability to use the SOFTWARE PRODUCT.
