License Use Verification Clause Samples

License Use Verification. During the Subscription Period and for a period of one (1) year thereafter, NetBrain may request Customer’s cooperation to verify Customer's use and reproduction of the Programs and/or Documentation, provided that: (a) it gives Customer at least thirty (30) days prior written notice; and (b) NetBrain may perform such verification no more than once per year unless a material variance is found during said verification, in which case NetBrain perform a verification an additional time during that year. Any such verification shall be conducted remotely, during regular business hours, and shall not unreasonably interfere with Customer's business activities. For the majority of Customers, such verification will consist of either: (y) Customer furnishing to NetBrain a written certification, signed by Customer’s authorized representative, along with a report pulled from the Programs, verifying that Customer’s use of the Programs is in accordance with this Agreement and any and all applicable Order(s); or (z) Customer permitting reasonable access to NetBrain to the Programs to pull such verification report. All information disclosed by Customer during the course of the verification shall be deemed Confidential Information subject to the provisions of Section 9, provided that the designation as Confidential Information shall not be construed to limit NetBrain’s right to enforce this Agreement. In the event NetBrain determines there is a variance, whether material or not, Customer will be liable to NetBrain for the then-current list price value of the Programs and/or Documentation not in compliance with the terms of this Agreement and any applicable Order.