Common use of Unreported Use Clause in Contracts

Unreported Use. If verification or self-audit reveals unreported use of the Software Products, you must promptly order sufficient PLs and/or SALs to cover all such unreported use. If verification or self-audit reveals material unreported use of the Software Products, in addition to promptly ordering sufficient PLs and/or SALs to cover the unreported use, you must also pay Microsoft: (1) an additional fee of fifteen percent (15%) of the prices stated in the then current Price List for each SAL and/or PL that you ere required to order; plxx (2) the reasonable costs incurred by Microsoft to conduct the verification. In addition, in any case where material unreported use of a Software Product is found, it will be presumed that such unreported use began upon commencement of each Customer relationship with you, unless your records reasonably demonstrate that such unreported use was limited in scope and duration. For purposes of this Section 9(c), "material unreported use" will exist if your use of the Software Products, as reported in your Monthly Use Reports, is less than ninety-five percent (95%) of your actual use (as disclosed during verification or self-audit). If verification does not disclose material unreported use of the Software Products, Microsoft will not undertake another verification or self-audit for at least one (1) year, unless Microsoft receives information that would lead it to believe in good faith that material unreported use of the Software Products has occurred since the previous verification.

Appears in 1 contract

Samples: License Agreement (Interland Inc /Mn/)

AutoNDA by SimpleDocs

Unreported Use. If verification or self-audit reveals unreported use of the Software Products, you must promptly order sufficient PLs and/or SALs to cover all such unreported use. If verification or self-audit reveals material unreported use of the Software Products, in addition to promptly ordering sufficient PLs and/or SALs to cover the unreported use, you must also pay Microsoft: (1) an additional fee of fifteen percent (15%) of the prices stated in the then current Price List for each SAL SXX and/or PL that you ere are required to order; plxx plus (2) the reasonable costs incurred by Microsoft to conduct the verification. In addition, in any case where material unreported use of a Software Product is found, it will be presumed that such unreported use began upon commencement of each Customer relationship with you, unless your records reasonably demonstrate that such unreported use was limited in scope and duration. For purposes of this Section 9(c), "material unreported use" will exist if your use of the Software Products, as reported in your Monthly Use Reports, is less than ninety-five percent (95%) of your actual use (as disclosed during verification or self-audit). If verification or self-audit does not disclose material unreported use of the Software Products, Microsoft will not undertake another verification or self-audit for at least one (1) year, unless Microsoft receives information that would lead it to believe in good faith that material unreported use of the Software Products has occurred since the previous verification.

Appears in 1 contract

Samples: Services Provider License Agreement (Vitalstream Holdings Inc)

Unreported Use. If verification or self-audit reveals unreported use of the Software Products, you must promptly order sufficient PLs and/or SALs to cover all such unreported use. If verification or self-audit reveals material unreported use of the Software Products, in addition to promptly ordering sufficient PLs and/or SALs to cover the unreported use, you must also pay Microsoft: (1) an additional fee of fifteen percent (15%) of the prices stated in the then current Price List for each SAL and/or PL that you ere required to order; plxx plus (20) the reasonable costs incurred by Microsoft to conduct the verification. In addition, in any case where material unreported use of a Software Product is found, it will be presumed that such unreported use began upon commencement of each Customer relationship with you, unless your records reasonably demonstrate that such unreported use was limited in scope and duration. For purposes of this Section 9(c), "material unreported use" will exist if your use of the Software Products, as reported in your Monthly Use Reports, is less than ninety-five percent (95%) of your actual use (as disclosed during verification or self-audit). If verification does not disclose material unreported use of the Software Products, Microsoft will not undertake another verification or self-audit for at least one (1) year, unless Microsoft receives information that would lead it to believe in good faith that material unreported use of the Software Products has occurred since the previous verification.

Appears in 1 contract

Samples: Agreement (Interland Inc /Mn/)

AutoNDA by SimpleDocs

Unreported Use. If verification or self-audit reveals unreported use of the Software Products, you must promptly order sufficient PLs and/or SALs to cover all such unreported use. If verification or self-audit reveals material unreported use of the Software Products, in addition to promptly ordering sufficient PLs and/or SALs to cover the unreported use, you must also pay Microsoft: (1) an additional fee of fifteen percent (15%) of the prices stated in the then current Price List for each SAL XXX and/or PL that you ere required to order; plxx plus (2) the reasonable costs incurred by Microsoft to conduct the verification. In addition, in any case where material unreported use of a Software Product is found, it will be presumed that such unreported use began upon commencement of each Customer relationship with you, unless your records reasonably demonstrate that such unreported use was limited in scope and duration. For purposes of this Section 9(c), "material unreported use" will exist if your use of the Software Products, as reported in your Monthly Use Reports, is less than ninety-five percent (95%) of your actual use (as disclosed during verification or self-audit). If verification does not disclose material unreported use of the Software Products, Microsoft will not undertake another verification or self-audit for at least one (1) year, unless Microsoft receives information that would lead it to believe in good faith that material unreported use of the Software Products has occurred since the previous verification. 10.

Appears in 1 contract

Samples: License Agreement

Time is Money Join Law Insider Premium to draft better contracts faster.