Common use of Subscription Licensing Model Clause in Contracts

Subscription Licensing Model. TO THE EXTENT THE LICENSING MODEL IS A SUBSCRIPTION MODEL, THE TERMS IN THIS SECTION 10.3 SHALL APPLY IAR SYSTEMS’ LIABILITY VIS-À-VIS THE LICENSEE UNDER THIS AGREEMENT SHALL UNDER ALL CIRCUMSTANCES BE LIMITED TO FIFTY (50) PER CENT OF AN AMOUNT EQUAL TO THE AGGREGATE ANNUAL LICENSE FEE PAID BY THE LICENSEE FOR THE PAST ONE-YEAR PERIOD, PROVIDED HOWEVER THAT IF SECTION 8 IS APPLICABLE THE TOTAL LIABILITY OF IAR SYSTEMS HEREUNDER MAY INSTEAD NEVER EXCEED 100% OF AN AMOUNT EQUAL TO THE AGGREGATE ANNUAL LICENSE FEE PAID BY THE LICENSEE FOR THE PAST ONE-YEAR PERIOD FOR SUCH SOFTWARE.

Subscription Licensing Model. TO THE EXTENT THE LICENSING MODEL IS A SUBSCRIPTION MODEL, THE TERMS IN THIS SECTION 10.3 SHALL APPLY IAR SYSTEMS’ LIABILITY VIS-À-VIS THE LICENSEE UNDER THIS AGREEMENT SHALL UNDER ALL CIRCUMSTANCES BE LIMITED TO FIFTY (50) PER CENT OF AN AMOUNT EQUAL TO THE AGGREGATE ANNUAL LICENSE FEE PAID BY THE LICENSEE FOR THE PAST ONE-YEAR PERIOD, PROVIDED HOWEVER THAT IF SECTION 8 IS APPLICABLE THE TOTAL LIABILITY OF IAR SYSTEMS HEREUNDER MAY INSTEAD NEVER EXCEED 100% OF AN AMOUNT EQUAL TO THE AGGREGATE ANNUAL LICENSE FEE PAID BY THE LICENSEE FOR THE PAST ONE-YEAR PERIOD FOR SUCH SOFTWARE.