Licensing Metrics Sample Clauses

Licensing Metrics. The Software is licensed on a per end point and/or similar per license unit basis and may be used only up to the number of end points and/or other license units purchased by Customer.
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Licensing Metrics. Certain Products are made available on a concurrent, Licensed Server, and/or on a per user or per seat basis, and/or are subject to other capacity metrics as set forth in the applicable ordering documentation received by Riverbed, the Product description on Riverbed’s then-current price list, or the Additional Use Rights with respect to a particular Product. The following terms apply to any such Products unless otherwise specified in the Additional Use Rights for a particular Product.
Licensing Metrics. If You are purchasing a License from Us or Our authorized reseller then Your License Certificate will specify the number of permitted Licenses and Managed Devices applicable to Your use of the Software under the Specific Terms of this BULA. The Fees chargeable for the Licenses will be on a Per Managed Device basis. VIRTUALIZATION ENVIRONMENT [NOT APPLICABLE TO MOTION STUDIO 3D/ WINDVD / ROXIO CREATOR/ ROXIO TOAST/ ROXIO SECURE BURN] Subject to the conditions set out under this section You may install the Software on a Virtualization Environment to run, use or access the Software and to allow Users to remotely access and use the Software by means of Your organization's Managed Devices. Your right to install the Software in the foregoing manner is also subject to the Software's ability to inter operate and function with/on the desired Virtualization Environment. Use of the Software by Users via such Virtualization Environment is permitted only up to the maximum number of Licenses which You have purchased. You must acquire and dedicate one (1) Subscription License for each Managed Device that is using, running, or accessing the Software through a Virtualization Environment, and one (1) Subscription License for each Managed Device on which the Software is installed. If You have only acquired Perpetual Licenses from Us but wish to use, run or access the Software from a Virtualization Environment, You must first purchase from Us the Support Services, as further set out below under Maintenance & Support, for all Your Perpetual Licenses. Upon such purchase, You must also dedicate one (1) Perpetual License for each Managed Device that is using, running, or accessing the Software through a Virtualization Environment, and one (1) Perpetual License for each Managed Device which the Software is installed on. Installation on a Virtualization Environment is not permitted in any of the Restricted Jurisdictions (as defined below). Any use of the Software from a Virtualization Environment for which the Software was not designed is entirely at Your own risk and We and Our licensors shall in no way be responsible or liable for any such use or any damage arising therefrom. It is Your responsibility to review the Documentation and any other communications from Us and verify the Software's suitability for the Virtualization Environment that You are using. NAMED USER A User must use their User Credentials which You have assigned to them to access, run and use the Software and Doc...
Licensing Metrics. For clarity, these only apply if the applicable metric is designated in the Order Form or otherwise as set forth in writing, as applicable.

Related to Licensing Metrics

  • Royalty Rates Within [***] ([***]) [***] after the end of each calendar quarter, commencing with the calendar quarter during which the First Commercial Sale of a Licensed Product is made anywhere in the Territory and during the applicable Royalty Term, Hansoh shall make royalty payments to Viela based on Net Sales of all Licensed Products sold in the Territory in accordance with the table below. Within [***] ([***]) [***] after the end of each calendar quarter during the Term, Hansoh shall provide to Viela a report that contains the following information for the applicable calendar quarter, on a region-by-region basis: (i) the amount of Net Sales of such Licensed Product, (ii) a calculation of the royalty payment due on such Net Sales, including any royalty reduction made in accordance with Section 5.4(d), and (iii) the exchange rate used for converting any Net Sales recorded in a currency other than Dollars. In the case that the annualized royalty rate during a particular calendar year is more than that set forth in the table below, the corresponding overpayment received by Viela shall be credited to Hansoh against subsequent royalty payments; and in the case that the annualized royalty rate during a particular calendar year is less than that set forth in the table below, Hansoh shall pay the difference within [***] ([***]) [***] after receipt of Viela’s invoice. Threshold of the Net Sales of all Licensed Products Royalty % [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED BECAUSE THE INFORMATION (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED.

  • Royalty Rate Royalties shall be computed at the rate of six percent (6%) of Licensee's Net Sales during the applicable quarterly period.

  • Licensing Standards The Contractor, its employees and subcontractors shall comply with all applicable licensing standards, certification standards, accrediting standards and any other laws, rules, or regulations governing services to be provided by the Contractor pursuant to this Contract. The State will not pay the Contractor for any services performed when the Contractor, its employees or subcontractors are not in compliance with such applicable standards, laws, rules, or regulations. If any license, certification or accreditation expires or is revoked, or any disciplinary action is taken against an applicable license, certification, or accreditation, the Contractor shall notify the State immediately and the State, at its option, may immediately terminate this Contract.

  • License Terms This license is for one full Semester. It cannot be cancelled or terminated except under the conditions cited in this license.

  • Existing Products 1. Hardware - Title and ownership of Existing Hardware Product shall pass to Authorized User upon Acceptance.

  • Milestones Subject to the provisions of the SGIP, the Parties shall agree on milestones for which each Party is responsible and list them in Attachment 4 of this Agreement. A Party’s obligations under this provision may be extended by agreement. If a Party anticipates that it will be unable to meet a milestone for any reason other than a Force Majeure event, it shall immediately notify the other Parties of the reason(s) for not meeting the milestone and (1) propose the earliest reasonable alternate date by which it can attain this and future milestones, and (2) requesting appropriate amendments to Attachment 4. The Party affected by the failure to meet a milestone shall not unreasonably withhold agreement to such an amendment unless it will suffer significant uncompensated economic or operational harm from the delay, (1) attainment of the same milestone has previously been delayed, or (2) it has reason to believe that the delay in meeting the milestone is intentional or unwarranted notwithstanding the circumstances explained by the Party proposing the amendment.

  • License Type Your license to a Product will be under a Named User or CPU license type, as specified on an order. Each Named User license to a Product entitles a Named User to access and use that Product in one production environment and up to two non-production environments. Each CPU license to a Product entitles you to assign the Product to a single CPU in one production environment and up to two non-production environments, for use in support of an unspecified number of Named Users.

  • AUDIT OF LICENSED PRODUCT USAGE Contractor shall have the right to periodically audit, no more than annually, at Contractor’s expense, use of licensed Product at any site where a copy of the Product resides provided that: (i) Contractor gives Licensee(s) at least thirty (30) days advance written notice, (ii) such audit is conducted during such party’s normal business hours, (iii) the audit is conducted by an independent auditor chosen on mutual agreement of the parties. Contractor shall recommend a minimum of three (3) auditing/accounting firms from which the Licensee will select one (1). In no case shall the Business Software Alliance (BSA), Software Publishers Association (SPA), Software and Industry Information Association (SIIA) or Federation Against Software Theft (FAST) be used directly or indirectly to conduct audits, or be recommended by Contractor; (iv) Contractor and Licensee are each entitled to designate a representative who shall be entitled to participate, and who shall mutually agree on audit format, and simultaneously review all information obtained by the audit. Such representatives also shall be entitled to copies of all reports, data or information obtained from the audit; and (v) if the audit shows that such party is not in compliance, Licensee shall be required to purchase additional licenses or capacities necessary to bring it into compliance and shall pay for the unlicensed capacity at the NYS Net Price in effect at time of audit, or if none, then at the Contractor’s U.S. Commercial list price. Once such additional licenses or capacities are purchased, Licensee shall be deemed to have been in compliance retroactively, and Licensee shall have no further liability of any kind for the unauthorized use of the software.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Royalty Floor Notwithstanding the foregoing, during any Calendar Quarter in the Royalty Term for a Licensed Product in a particular region in the Territory, the operation of Section 9.3(c), individually or in combination shall not reduce the final royalty rate to [***].

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