Fair Usage Policy Data Plan Clause Samples
Fair Usage Policy Data Plan. According to the Fair Usage Data Plan, is provided to Customer (“FUDP”), FUDP include terms that are applicable to Customer. FUDP is designed to prevent fraud and abuse of LiveU data services. Subject to this FUDP, Data Plans allows unlimited data use ("Unlimited Data Plans"). LiveU’s data service is for use only in accordance with the FUDP ("Legitimate Use"). The following is a non-exhaustive list of practices that would not be considered Legitimate Use:
4.1.1. 24x7 streaming;
4.1.2. Usage do not follow reasonable business patterns and behavior of customers with similar business needs as the Customer;
4.1.3. Data usage that exceeds 125GB per channel per month for a period of consecutive two (2) months and on average through all of Customer’s LiveU Solutions. For purposes of this Agreement, “channel” is defined as a camera input on the field unit, noting that some field units support multiple camera inputs.
4.1.4. Any usage of a sim card licensed/granted from LiveU in breach of this Agreement,including usage of such sim card in any other hardware including LiveU products sold or leased not under this Agreement;
4.1.5. Unless permitted under this Agreement, disclosing, making available to, or permit use of the LiveU Solution (including the sim card licensed/granted from LiveU) by any third party;
4.1.6. Use the LiveU Solution in any manner directly or indirectly related to or in connection with the operation or management of any business for the benefit of third parties, including without limitation a timeshare, or data processing services;
4.1.7. Use the LiveU Solution in violation of any statute, regulation, rule, or other legal requirement. Other practices may be relevant in determining Legitimate Use and LiveU reserves the right to take any unlawful, prohibited, abnormal, or unusual activity into account in making its determination. LiveU will monitor Customer’s usage in accordance with FUDP and in case Customer performs actions that would not be considered as Legitimate Use, LiveU will promptly provide Customer with notice of improper usage (“Improper Usage Notice”). During a period of sixty (60) days as of the date of the Improper Usage Notice the Parties shall negotiate the terms of the continuation of the Agreement. During such sixty (60)days period, LiveU, at its discretion, may offer different services. Following the period of sixty (60) and if the Parties did not reach mutual agreement, LiveU may, at its option, terminate the Agreement. Terminati...
