Java Software Sample Clauses

Java Software. [**] Java Software distributed by or for Licensee, in addition to all other amounts due hereunder, Licensee shall pay to PSI a Royalty set equal to [**]; provided, however, that if Licensee does not pay Royalties to PSI hereunder equaling at least Eighty-two Thousand Five Hundred Dollars (US$82,500.00) in any given quarter during the Java Term (the “Quarterly Minimum Commitment”), within forty-five (45) days following the end of such quarter, Licensee shall pay to PSI a top-up Royalty equal to the difference between the Quarterly Minimum Commitment and Royalties paid on the actual number of copies distributed. All other terms and conditions for the payment of Royalties shall be equally applicable to any distribution of the Java Software by or for Licensee. Notwithstanding the foregoing, in the event that PSI licenses the Java Software, directly or indirectly, to any third party for use on a Licensee Product, Licensee may credit the following amount against Licensee’s Quarterly Minimum Commitment: [**]. PSI shall require each licensee or sublicense of the Java Software to report on which device the Java Software is to be used. Within forty-five (45) days following the end of each quarter during the Java Term, PSI shall provide Licensee with a report sufficiently detailed, including device used but without providing any reference to individual customer identities, for Licensee to account for such credits. During Java Term and for one (1) year following the termination or expiration thereof, PSI will retain records of all such third party licenses, as reported to PSI by the end user, sufficient to permit inspection and verification of all amounts to be so credited. Licensee shall have the right not more often than once per year to have an independent auditor, under obligations of confidentiality, to inspect such records for the sole purpose of reporting back to Licensee whether PSI has provided an accurate accounting of such third party licensees. Such third party auditor shall not, under any circumstances, disclose to Licensee any names of or identifying information for such third party licensees and shall only report whether and to what extent PSI misreported any such third party licenses to be credited. Licensee shall bear the sole cost of any such audit. If applicable, within forty-five (45) days following determination of any over-payment by Licensee, PSI shall refund to Licensee the appropriate amount as determined by the audit. If, at the end of the Ja...