Common use of Excess Use Clause in Contracts

Excess Use. If an Audit indicates that Customer’s installations, deployment, access of or provision of access to, or operation of each Product exceeds the quantity of licenses owned or is otherwise not in compliance with the scope of the license granted (“Overuse”) then Customer shall pay for all Overuse quantities at Provider’s then current list price plus any interest on past due amounts and prior Maintenance Service fees. If the Overuse is more than five percent (5%) of Customer’s license entitlements, then Customer shall reimburse Provider for Provider’s reasonable cost of performing the Audit. Strict performance by Customer in accordance with this provision is an express condition to all or any licenses granted in this Agreement.

Excess Use. If an Audit indicates that Customer’s installations, deployment, access of or provision of access to, or operation of each Product exceeds the quantity of licenses owned or is otherwise not in compliance with the scope of the license granted (“Overuse”) ), then Customer shall pay for all Overuse quantities at Provider’s then current list price plus any interest on past due amounts and prior Maintenance Service fees. If the Overuse is more than five percent (5%) of Customer’s license entitlements, then Customer shall reimburse Provider for Provider’s reasonable cost of performing the Audit. Strict performance by Customer in accordance with this provision is an express condition to all or any licenses granted in this Agreement.