Common use of Usage Verification Clause in Contracts

Usage Verification. Where applicable, Licensee acknowledges that the Software includes a phone home capability that will periodically connect to the Internet and transmit license usage data to Netwrix for purposes of verifying Licensee’s compliance with this Agreement. The information collected by Netwrix may include the license key, the application(s) being audited with the Software, and the number of users/objects being audited with the Software (the “Phone Home Data”). If the Software does not include a phone home capability or Licensee disables the phone home capability, then Licensee shall, upon Netwrix’s request (which request may not be more frequently than annually), certify Licensee's usage of the Software and permit Netwrix to review Licensee's use of the Software for compliance with this Agreement. Any reviews shall be scheduled at least five (5) business days in advance, shall be conducted during normal business hours at Licensee's facilities, and shall not unreasonably interfere with Licensee's business activities. If Licensee's use of the Software is found to be greater than authorized by the applicable Order(s) (an “Overage”), such Overage will be deemed an Order for all licenses used in excess of the authorized quantity and Licensee will be invoiced for and agrees to pay for such additional licenses at the same per unit cost as the contracted quantity for the full Subscription Term or Maintenance Services Term, as applicable, in accordance with the terms of the Agreement.

Appears in 2 contracts

Sources: End User License Agreement, End User License Agreement

Usage Verification. Where applicable, Licensee acknowledges that the Software includes a phone home capability that will periodically connect to the Internet and transmit license usage data to Netwrix for purposes of verifying Licensee’s compliance with this Agreement. The information collected by Netwrix may include the license key, the application(s) being audited with the Software, and the number of users/objects being audited with the Software (the “Phone Home Data”). If the Software does not include a phone home capability or Licensee disables the phone home capability, then Licensee shall, upon Netwrix’s request (which request may not be more frequently than annually), certify Licensee's usage of the Software and permit Netwrix to review Licensee's use of the Software for compliance with this Agreement. Any reviews shall be scheduled at least five (5) business days in advance, are subject to any security requirements mutually agreed in writing with Licensee and shall be conducted during normal business hours at Licensee's facilities, and shall not unreasonably interfere with Licensee's business activities. If Licensee's use of the Software is found to be greater than authorized by the applicable Order(s) (an “Overage”), such Overage will be deemed an Order for all licenses used in excess of the authorized quantity and Licensee will be invoiced for and agrees to pay for such additional licenses at the same per unit cost as the contracted quantity for the full Subscription Term or Maintenance Services Term, as applicable, in accordance with the terms of the Agreement.

Appears in 1 contract

Sources: End User License Agreement

Usage Verification. Where applicable, Licensee acknowledges that the Software includes a phone home capability that will periodically connect to the Internet and transmit license usage data to Netwrix for purposes of verifying Licensee’s compliance with this Agreement. The information collected by Netwrix may include the license key, the application(s) being audited with the Software, and the number of users/objects being audited with the Software (the “Phone Home Data”). If the Software does not include a phone home capability or Licensee disables the phone home capability, then Licensee shall, upon Netwrix’s request (which request may not be more frequently than annually), certify Licensee's usage of the Software and permit Netwrix to review Licensee's use of the Software for compliance with this Agreement. Any reviews shall be scheduled at least five fifteen (515) business days in advance, shall be conducted during normal business hours at Licensee's facilities, and shall not unreasonably interfere with Licensee's business activities. If Licensee's use of the Software is found to be greater than authorized by the applicable Order(s) (an “Overage”)contracted for, such Overage over-use will be deemed an Order for all licenses used in excess of the authorized contracted quantity and Licensee will be invoiced for and agrees to pay for such additional licenses at the same per unit cost as the contracted quantity for the full Subscription Term or Maintenance Services Term, as applicablequantity, in accordance with the terms of the Agreement.

Appears in 1 contract

Sources: End User License Agreement