Licensed capacity definition
Examples of Licensed capacity in a sentence
Notwithstanding anything to the contrary in this Agreement, if the Order so provides, Customer may sublicense its Affiliates (or such of its Affiliates as are specified in the relevant Order) to access and use the Software and use an Appliance, subject to the terms of this Agreement and in particular within the Licensed Capacity and solely for the Customer’s or the authorized Affiliates’ Internal Business Purposes approved by Exasol in writing.
If the excess usage exceeds ten percent (10%) of the Licensed Capacity, then Customer will also pay Exasol’s reasonable costs of conducting the audit.
Subject to Customer’s compliance with this Agreement, Exasol grants to Customer a worldwide, royalty-free, revocable at will, non-exclusive, non-transferable, non-sublicensable, limited license during the applicable Term to install and use the Software, within the Licensed Capacity, solely for Customer’s Internal Business Purposes (“Free Software License”).
For avoidance of doubt, the aggregate use by Customer and all of its authorized Affiliates and Service Providers must not exceed the Licensed Capacity and nothing in this Section 4 is intended to or will be deemed to increase any Licensed Capacity.
If an audit reveals that Customer (or any Affiliate or Service Provider) has exceeded the Licensed Capacity or the scope of Customer’s license grant during the period audited, then Exasol will invoice Customer, and Customer will promptly pay Exasol any underpaid fees based on Exasol’s price list in effect at the time the audit is completed.