Common use of Determination of Base Royalty Tier Clause in Contracts

Determination of Base Royalty Tier. Regardless of whether Licensee has chosen the Worldwide or Regional billion option, in order for the appropriate royalty tier to be applied to Licensee's Standard FPUs, Licensee shall submit a completed and signed Royalty Tier Selection Form in the form attached hereto as Exhibit 2 for each Software Title's Sales Territory to Microsoft no later than [*] prior to the date of Licensee's first submission to Microsoft of the final release version of such Software Title for certification in each Sales Territory. Notwithstanding the foregoing, if Licensee chooses not to reveal a Software Title's Wholesale Price range (or, in the case of the Japan Territory, Suggested Retail Price range), it shall have no obligation to submit a Royalty Tier Selection Form; provided, however, that in such case, (i) the Base Royalty for such Software Title shall be the Tier 1 rate for such Software Title, regardless of the *Information has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment pursuant to Rule 406 under the Securities Act of 1933, as amended. actual Wholesale (or Suggested Retail) Price; and (ii) unless notified otherwise by Licensee in writing, the Sales territory for any FPUs for the Software Title shall be deemed to be the same as the Manufacturing Region for such FPUs. Additionally, if Licensee, for any other reason, fails to submit a Royalty Tier Selection Form for a Software Title within the time frame specified above, (a) the Base Royalty will automatically default to the applicable Tier 1 rate, regardless of the actual Wholesale (or Suggested Retail) Price; and (b) unless notified otherwise by Licensee in writing, the Sales territory for any FPUs for the Software Title shall be deemed to be the same as the Manufacturing Region for such FPUs. Following the selection of a Base Royalty by Licensee in accordance with this Section for a Software Title in a Sales Territory, such Base Royalty shall be binding with respect to such Software Title in such Sales Territory, even if the Wholesale (or Suggested Retail) Price is reduced following the Software Title's Commercial Release in such Sales Territory. Notwithstanding the foregoing, no royalties will be payable hereunder with respect to any Demo Versions.

Determination of Base Royalty Tier. Regardless of whether Licensee has chosen the Worldwide or Regional billion billing option, in order for the appropriate royalty tier to be applied to Licensee's Standard FPUs, Licensee shall submit a completed and signed Royalty Tier Selection Form in the form attached hereto as Exhibit 2 for each Software Title's Sales Territory to Microsoft no later than [*] *** prior to the date of Licensee's first submission to Microsoft of the final release version of such Software Title for certification in each Sales Territory. Notwithstanding the foregoing, if Licensee chooses not to reveal a Software Title's Wholesale Price range (or, in the case of the Japan Territory, Suggested Retail Price range), it shall have no obligation to submit a Royalty Tier Selection Form; provided, however, that in such case, (i) the Base Royalty for such Software Title shall be the Tier 1 rate for such Software Title, regardless of the *Information has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment pursuant to Rule 406 under the Securities Act of 1933, as amended. actual Wholesale (or Suggested Retail) Price; and (ii) unless notified otherwise by Licensee in writing, the Sales territory for any FPUs for the Software Title shall be deemed to be the same as the Manufacturing Region for such FPUs. Additionally, if Licensee, for any other reason, fails to submit a Royalty Tier Selection Form for a Software Title within the time frame specified above, (a) the Base Royalty will automatically default to the applicable Tier 1 rate, regardless of the actual Wholesale (or Suggested Retail) Price; and (b) unless notified otherwise by Licensee in writing, the Sales territory for any FPUs for the Software Title shall be deemed to be the same as the Manufacturing Region for such FPUs. Following the selection of a Base Royalty by Licensee in accordance with this Section for a Software Title in a Sales Territory, such Base Royalty shall be binding with respect to such Software Title in such Sales Territory, even if the Wholesale (or Suggested Retail) Price is reduced following the Software Title's Commercial Release in such Sales Territory. Notwithstanding the foregoing, no royalties will be payable hereunder with respect to any Demo Versions.

Determination of Base Royalty Tier. Regardless of whether Licensee has chosen the Worldwide or Regional billion billing option, in order for the appropriate royalty tier to be applied to Licensee's Standard FPUs, Licensee shall submit a completed and signed Royalty Tier Selection Form in the form attached hereto as Exhibit 2 for each Software Title's Sales Territory to Microsoft no later than [*] forty-five (45) days prior to the date of Licensee's first submission to Microsoft of the final release version of such Software Title for certification in each Sales Territory. Notwithstanding the foregoing, if Licensee chooses not to reveal a Software Title's Wholesale Price range (or, in the case of the Japan Territory, Suggested Retail Price range), it shall have no obligation to submit a Royalty Tier Selection Form; provided, however, that in such case, (i) the Base Royalty for such Software Title shall be the Tier 1 rate for such Software Title, regardless of the *Information has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment pursuant to Rule 406 under the Securities Act of 1933, as amended. actual Wholesale (or Suggested Retail) Price; and (ii) unless notified otherwise by Licensee in writing, the Sales territory for any FPUs for the Software Title shall be deemed to be the same as the Manufacturing Region for such FPUs. Additionally, if Licensee, for any other reason, fails to submit a Royalty Tier Selection Form for a Software Title within the time frame specified above, (a) the Base * CONFIDENTIAL TREATMENT REQUESTED Royalty will automatically default to the applicable Tier 1 I rate, regardless of the actual Wholesale (or Suggested Retail) Price; and (b) unless notified otherwise by Licensee in writing, the Sales territory for any FPUs for the Software Title shall be deemed to be the same as the Manufacturing Region for such FPUs. Following the selection of a Base Royalty by Licensee in accordance with this Section for a Software Title in a Sales Territory, such Base Royalty shall be binding with respect to such Software Title in such Sales Territory, even if the Wholesale (or Suggested Retail) Price is reduced following the Software Title's Commercial Release in such Sales Territory. Notwithstanding the foregoing, no royalties will be payable hereunder with respect to any Demo Versions.

Determination of Base Royalty Tier. Regardless of whether Licensee has chosen the Worldwide or Regional billion billing option, in order for the appropriate royalty tier to be applied to Licensee's ’s Standard FPUs, Licensee shall submit a completed and signed Royalty Tier Selection Form in the form attached hereto as Exhibit 2 for each Software Title's ’s Sales Territory to Microsoft no later than [*] forty-five (45) days prior to the date of Licensee's ’s first submission to Microsoft of the final release version of such Software Title for certification in each Sales Territory. Notwithstanding the foregoing, if Licensee chooses not to reveal a Software Title's ’s Wholesale Price range (or, in the case of the Japan Territory, Suggested Retail Price range), it shall have no obligation to submit a Royalty Tier Selection Form; provided, however, that in such case, (i) the Base Royalty for such Software Title shall be the Tier 1 rate **** for such Software Title, regardless of the *Information has been *** * Confidential portion omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment pursuant to Rule 406 under Commission. of the Securities Act of 1933, as amended. actual Wholesale (or Suggested Retail) Price; and (ii) unless notified otherwise by Licensee in writing, the Sales territory for any FPUs for the Software Title shall be deemed to be the same as the Manufacturing Region for such FPUs. Additionally, if Licensee, for any other reason, fails to submit a Royalty Tier Selection Form for a Software Title within the time frame specified above, (a) the Base Royalty will automatically default **** to the applicable Tier 1 rate****, regardless **** of the actual Wholesale (or Suggested Retail) Price; and (b) unless notified otherwise by Licensee in writing, the Sales territory for any FPUs for the Software Title shall be deemed to be the same as the Manufacturing Region for such FPUs. Following the selection of a Base Royalty by Licensee in accordance with this Section for a Software Title in a Sales Territory, such Base Royalty shall be binding with respect to such Software Title in such Sales Territory, even if the Wholesale (or Suggested Retail) Price is reduced following the Software Title's ’s Commercial Release in such Sales Territory. Notwithstanding the foregoing, no royalties ,**** will be payable hereunder with respect to any Demo Versions.