Fees and Audit. 3.1 All amounts specified in the applicable Order are exclusive applicable sales, use, VAT and other consumption taxes and other taxes.
3.2 The total non-refundable, non-cancellable Subscription fees for each Order will be due and payable within thirty (30) days from the date of Supplier’s invoice. Supplier may assess finance fees of 1.5% per month for any late payments.
3.3 Subscription fees shall be paid by Client annually in advance as specified in the applicable Order.
3.4 Upon expiration of the Initial Term, Supplier may apply an overall market increase and/or usage increase to the Subscription fee(s).
3.5 Client will pay all applicable sales, use, VAT, and other consumption taxes and other taxes.
3.6 Rather than having Supplier request access to Client’s premises or to its systems, Client agrees that within thirty (30) days of the end of any Subscription 12-month period, Client shall provide Supplier in writing with a summary of its usage of the Software, including an average and maximum number of users, hosts or other metrics as described in any Order. Client shall remedy any underpayments revealed during the audit both retroactively as well as prospectively for the remainder of the Subscription term.
3.7 The Subscription is ordered annually in advance of Supplier’s provision of the Subscription.
3.8 Except as otherwise explicitly provided herein, Subscription fees paid are non-refundable.
Fees and Audit. 4.1 Amounts specified in an Order are exclusive of applicable sales, use, VAT, consumption, and any other taxes. Customer shall timely pay all such taxes. Customer will indemnify Xxxxxxx.xx and hold Xxxxxxx.xx harmless from and against any such taxes and will promptly reimburse Xxxxxxx.xx for the amount of any taxes that Xxxxxxx.xx is required to or otherwise pays as a result of Customer’s failure to pay such amount.
4.2 Each Order will be due and payable annually in advance, on the due date(s) stated within the applicable Order. Xxxxxxx.xx may distribute temporary license keys to Customer until such time an applicable invoice is paid in full. Xxxxxxx.xx may assess finance fees of 1.5% per month for any late payments. Additionally, Xxxxxxx.xx reserves the right to suspend or terminate Customer’s access to the Software without liability to Customer if Customer fails to cure any instance of non-payment within 15 days of receipt of notice from Xxxxxxx.xx.
4.3 Customer agrees that, upon Xxxxxxx.xx’s request during or after any Subscription period, Customer shall provide Xxxxxxx.xx in writing with a summary of its usage of the Software. Customer shall immediately owe and pay fees associated with usage in excess of the Software amounts licensed and promptly (and in no event more than 15 days after becoming aware thereof) remedy any underpayments revealed during an audit both retroactively as well as prospectively for the remainder of the Subscription term.
4.4 Customer shall maintain complete, current and accurate records of the location of each copy of the Software in Customer’s possession for at least five (5) years. Furthermore, Customer shall maintain the location of all Users thereof, and the number of all Users under the MSA.
Fees and Audit. 3.1 Sublicensor grants Sublicensee a fee free right to use for the Licensed Properties.
3.2 Sublicensee shall pay all taxes, including any use tax (and any related interest or penalty), however designated, imposed as a result of the existence or operation of this Agreement, except any income tax imposed upon Sublicensor by any governmental entity within the United States proper (the fifty (50) states and the District of Columbia). If Sublicensor is required to collect a tax to be paid by Sublicensee, Sublicensee shall pay such tax to Sublicensor on demand.
3.3 Sublicensor may cause an audit to be made at its expense (except as provided herein) of the applicable records to verify Sublicensee’s compliance under this Agreement. Any such audit shall be conducted during regular business hours at Sublicensee's offices and in such a manner as not to interfere with Sublicensee's normal business activities.
Fees and Audit. 3.1. Authorized OEM shall obtain licenses to McAfee Products from the Distributor listed on Exhibit B, unless otherwise agreed in writing by the parties. Authorized OEM agrees to pay all license fees for each McAfee Products Image on each unit distributed by Authorized OEM, as well as any Support fees, to the Distributor. McAfee licenses the McAfee Products based on the number of contemporaneously active software images included by the Authorized OEM on the Combined Offering that may be run at any given time; on certain servers, virtual machines and/or other devices that may contain and operate multiple operating systems, the number of McAfee Products for licensing purposes may be more than one and is dependent upon how many McAfee Products images are active. Authorized OEM agrees that McAfee Products are purchased for immediate sell through to End Users and may not be purchased for inventory stocking. Authorized OEM shall look solely to Distributor for Support.
3.2. Authorized OEM shall maintain for a period of one (1) year following the termination or expiration of this Agreement a complete, clear, and accurate record of the number of units of Combined Offerings distributed, sold or otherwise transferred, amounts invoiced and payments received therefore during such fiscal year sufficient to audit and recalculate any fees due or owing to Distributor and to McAfee. McAfee shall have the right to inspect and audit, or to have an independent third party nationally recognized audit firm, perform an inspection and audit, of all the relevant accounting, sales books and records of Authorized OEM related solely to this Agreement. Any such audit may be requested only once per annum and upon at least thirty (30) day s advance written notice and shall be conducted during normal business hours. Such independent audit firm must execute an industry standard non-disclosure agreement prior to conducting any such audit and may only disclose to McAfee the amount of underreporting for the prior year, if any. If the underreporting exceeds five percent (5%) of the amount due for the period by which the audit was required, Authorized OEM shall bear the cost of such audit.
Fees and Audit. 4.1 All amounts specified in the applicable Order are exclusive applicable sales, use, VAT and other consumption taxes and other taxes.
4.2 The total non-refundable, non-cancellable Subscription fees and the fees for Professional Services, if any, for each Order will be due and payable within thirty (30) days from the date of Supplier’s invoice. Supplier may assess finance fees of 1.5% per month for any late payments.
4.3 Subscription fees shall be paid by Client annually in advance as specified in the applicable Order.
4.4 Upon expiration of the Initial Term, Supplier may apply an overall market increase and/or usage increase to the Subscription fee(s).
4.5 Client will pay all applicable sales, use, VAT, and other consumption taxes and other taxes.
4.6 Client agrees that either (i) upon Supplier's written request, or (ii) within thirty (30) days of the end of any Subscription 12-month period, Client shall promptly provide Supplier in writing with a summary of its usage of the Software, including an average and maximum number of Users, Nodes, or other metrics as described in any Order. Client shall remedy any underpayments revealed during the audit both retroactively as well as prospectively for the remainder of the Subscription term.
4.7 The Subscription is ordered annually in advance of Supplier’s provision of the Subscription.
4.8 Except as otherwise explicitly provided herein, Subscription fees paid and the fees for Professional Services, if any, are non-refundable.
Fees and Audit. 4.1 All amounts specified in the applicable Order are exclusive applicable sales, use, VAT and other consumption taxes and other taxes.
4.2 The total non-refundable, non-cancellable Subscription fees and the fees for Professional Services, if any, for each Order will be due and payable within thirty (30) days from the date of Supplier’s invoice. Supplier may assess finance fees of 1.5% per month for any late payments.
4.3 Subscription fees shall be paid by Client annually in advance as specified in the applicable Order.
4.4 Upon expiration of the Initial Term, Supplier may apply an overall market increase and/or usage increase to the Subscription fee(s).
4.5 Client will pay all applicable sales, use, VAT, and other consumption taxes and other taxes.
4.6 Client agrees that within thirty (30) days of the end of any Subscription 12-month period, Client shall provide Supplier in writing with a summary of its usage of the Software, including an average and maximum number of users, hosts or other metrics as described in any Order. Client shall remedy any underpayments revealed during the audit both retroactively as well as prospectively for the remainder of the Subscription term.
4.7 The Subscription is ordered annually in advance of Supplier’s provision of the Subscription.
4.8 Except as otherwise explicitly provided herein, Subscription fees paid and the fees for Professional Services, if any, are non-refundable.
Fees and Audit. 4.1 Reserved.
