NPD INDEX definition

NPD INDEX means on each Adjustment Date, the size, in US Dollars, of the market for retail sell-through of software in the United States, as published in the NPD Techworld database, for the 12-month period ending on the first day of the current Sales Year. On each Adjustment Date, the NPD Index will be determined by inserting the following search query into such database: (i) the Category shall be determined by mutual agreement of the parties within seven (7) days after the date hereof ; (ii) the existing data shall be extrapolated to 100% of the market using the NPD "100%" function; (iii) the result shall be based on dollar sales (as opposed to unit sales); and, (iv) the period covered shall be the prior full 12-month period. If at any time after the Commencement Date the format or components of the NPD Index (or any of the individual indices from which it is compiled) are materially changed, or if the NPD Index (or any of the individual indices from which it is compiled) is no longer published, either party may send written notification to the other party, whereupon the parties shall have a period of thirty (30) days to attempt to agree upon a substitute method for measuring the size of the market previously measured by the NPD Index. If, by the end of such time, the parties are unable to agree upon a substitute method, the parties shall assign a mathematical formula to the line that best fits the five years of data from the NPD Index (or any of the individual indices from which it is compiled) preceding the applicable Adjustment Date and, using such formula, shall extrapolate the NPD Index for each of the subsequent Adjustment Dates.
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Related to NPD INDEX

  • SIFMA Index means the Securities Industry and Financial Markets Association Municipal Swap Index, produced by Municipal Market Data, or if such index is not published, then such other index selected by the Treasurer which reflects the yield of tax-exempt seven-day variable rate demand bonds.

  • CPI Index is defined in Section 2.1(c) of this Agreement.

  • RPIX Index shall have the meaning given to it in paragraph 5.4 of Schedule 3 (Charging Structure) of this Framework Agreement;

  • CMT Index Not applicable.

  • Case-mix index means an arithmetical index measuring the relative average costliness of outpatient cases treated in a hospital, compared to the statewide average.