AUDIT AND LICENSE TRACKING. You agree that EnSoft or a duly qualified agent of EnSoft may enter your premises to conduct an audit of your compliance with the terms and conditions of this XXXX. The cost of such audit will be borne by EnSoft unless you have failed to pay fees in excess of the greater of 10% of the license fees paid by you to EnSoft for the Software or $10,000, in which case you will reimburse EnSoft for the reasonable costs of the audit. Furthermore, you agree that EnSoft may utilize functionality of the Software to identify the OSEs on which the Software is loaded and to limit or restrict use of the Software to those OSEs or replacement OSEs. If the functionality of the Software allows for such data to be transmitted to EnSoft electronically, then you consent to such transmission. If the functionality of the Software does not exist or does not allow for such data to be transmitted to EnSoft electronically, then you agree to provide to EnSoft no later than the 5th business day of each calendar quarter a list of each OSE, using a unique identifier such as serial number or MAC address, on which you have loaded the Software.
Appears in 4 contracts
Samples: Binding Agreement, License Agreement, License Agreement
