Fees and Payment Taxes. This Section 2 is applicable in any instance where fees are payable by Licensee for the Licensed Product (“Fees”) and not where the Licensed Product is provided by Teradici free of charge to Licensee (including, without limitation, under a free evaluation license). Prior to download of the Licensed Product, Licensee shall pay, or have paid via a distributor or reseller, all applicable Fees for any authorized copies or uses of Licensed Product or such other Fees as have been expressly agreed to by Teradici. In addition, without limiting Teradici’s remedies, if Licensee makes or uses copies, or has users/uses, that are not authorized hereunder, it shall pay additional license and maintenance and support fees (if applicable) equal to Teradici’s then current standard fees for the license and maintenance and support of such extra copies and users/uses (from time to time upon request, Teradici shall be entitled to audit or have audited all systems and records relevant to assure compliance with the foregoing; any audit showing noncompliance shall be at Licensee’s expense). All payments shall be made in the currency of, and within the borders of the country (or countries) specified by Teradici or Teradici’s distributor or reseller. Any payments more than thirty (30) days overdue shall bear a late payment fee of 1.5% per month, or, if lower, the maximum rate allowed by law. Any Fees that are unpaid as of the date of termination shall be immediately due and payable. Licensee shall pay on demand all of Teradici’s reasonable attorney fees and other costs incurred by Teradici to collect any fees or charges due Teradici under this Agreement following Licensee’s breach of this Section 2. Unless otherwise stated, the Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, "Taxes"). Licensee is responsible for paying all Taxes associated with Licensee’s purchases hereunder. If Teradici has the legal obligation to pay or collect Taxes for which Licensee is responsible under this Section, the appropriate amount shall be paid by Licensee promptly following notice thereof, unless Licensee provides Teradici with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, Teradici is solely responsible for taxes assessable against it based on Teradici’s income, property and employees.
Appears in 5 contracts
Samples: End User License Agreement, End User License Agreement, End User License Agreement
Fees and Payment Taxes. This Section 2 3 is applicable in any instance where fees are payable by Licensee for the Licensed Product (“Fees”) and not where the Licensed Product is provided by Teradici free of charge to Licensee (including, without limitation, under a free evaluation license). Prior to download of the Licensed Product, Licensee shall pay, or have paid via a distributor or reseller, all applicable Fees for any authorized copies or uses of Licensed Product or such other Fees as have been expressly agreed to by Teradici. In addition, without limiting Teradici’s remedies, if Licensee makes or uses copies, or has users/uses, that are not authorized hereunder, it shall pay additional license and maintenance and support fees (if applicable) equal to Teradici’s then current standard fees for the license and maintenance and support of such extra copies and users/uses (from time to time upon request, Teradici shall be entitled to audit or have audited all systems and records relevant to assure compliance with the foregoing; any audit showing noncompliance shall be at Licensee’s expense). All payments shall be made in the currency of, and within the borders of the country (or countries) specified by Teradici or Teradici’s distributor or reseller. Any payments more than thirty (30) days overdue shall bear a late payment fee of 1.5% per month, or, if lower, the maximum rate allowed by law. Any Fees that are unpaid as of the date of termination shall be immediately due and payable. Licensee shall pay on demand all of Teradici’s reasonable attorney fees and other costs incurred by Teradici to collect any fees or charges due Teradici under this Agreement following Licensee’s breach of this Section 23. Unless otherwise stated, the Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, "Taxes"). Licensee is responsible for paying all Taxes associated with Licensee’s purchases hereunder. If Teradici has the legal obligation to pay or collect Taxes for which Licensee is responsible under this Section, the appropriate amount shall be paid by Licensee promptly following notice thereof, unless Licensee provides Teradici with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, Teradici is solely responsible for taxes assessable against it based on Teradici’s income, property and employees.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Fees and Payment Taxes. This Section 2 is applicable in any instance where fees are payable by Licensee for the Licensed Product (“Fees”) and not where the Licensed Product is provided by Teradici free of charge to Licensee (including, without limitation, under a free evaluation license). Prior to download of the Licensed Product, Licensee shall pay, or have paid via a distributor or reseller, all applicable Fees for any authorized copies or uses of Licensed Product or such other Fees as have been expressly agreed to by Teradici. In addition, without limiting Teradici’s remedies, if Licensee makes or uses copies, or has users/uses, that are not authorized hereunder, it shall pay additional license and maintenance and support fees (if applicable) equal to Teradici’s then current standard fees for the license and maintenance and support of such extra copies and users/uses (from time to time upon request, Teradici shall be entitled to audit or have audited all systems and records relevant to assure compliance with the foregoing; any audit showing noncompliance shall be at Licensee’s expense). All payments shall be made in the currency of, and within the borders of the country (or countries) specified by Teradici or Teradici’s distributor or reseller. Any payments more than thirty (30) days overdue shall bear a late payment fee of 1.5% per month, or, if lower, the maximum rate allowed by law. Any License Fees that are unpaid as of the date of termination shall be immediately due and payable. Licensee shall pay on demand all of Teradici’s reasonable attorney fees and other costs incurred by Teradici to collect any fees or charges due Teradici under this Agreement following Licensee’s breach of this Section 2. Unless otherwise stated, the License Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-value- added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, "Taxes"). Licensee is responsible for paying all Taxes associated with Licensee’s purchases hereunder. If Teradici has the legal obligation to pay or collect Taxes for which Licensee is responsible under this Section, the appropriate amount shall be paid by Licensee promptly following notice thereof, unless Licensee provides Teradici with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, Teradici is solely responsible for taxes assessable against it based on Teradici’s income, property and employees.
Appears in 1 contract
Samples: End User License Agreement
Fees and Payment Taxes. This Section 2 is applicable in any instance where fees are payable by Licensee for the Licensed Product (“Fees”) and not where the Licensed Product is provided by Teradici free of charge to Licensee (including, without limitation, under a free evaluation license). Prior to download of the Licensed Product, Licensee shall pay, or have paid via a distributor or reseller, all applicable Fees for any authorized copies or uses of Licensed Product or such other Fees as have been expressly agreed to by Teradici. In addition, without limiting Teradici’s remedies, if Licensee makes or uses copies, or has users/uses, that are not authorized hereunder, it shall pay additional license and maintenance and support fees (if applicable) equal to Teradici’s then current standard fees for the license and maintenance and support of such extra copies and users/uses (from time to time upon request, Teradici shall be entitled to audit or have audited all systems and records relevant to assure compliance with the foregoing; any audit showing noncompliance shall be at Licensee’s expense). All payments shall be made in the currency of, and within the borders of the country (or countries) specified by Teradici or Teradici’s distributor or reseller. Any payments more than thirty (30) days overdue shall bear a late payment fee of 1.5% per month, or, if lower, the maximum rate allowed by law. Any License Fees that are unpaid as of the date of termination shall be immediately due and payable. Licensee shall pay on demand all of Teradici’s reasonable attorney fees and other costs incurred by Teradici to collect any fees or charges due Teradici under this Agreement following Licensee’s breach of this Section 2. Unless otherwise stated, the License Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-value added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, "Taxes"). Licensee is responsible for paying all Taxes associated with Licensee’s purchases hereunder. If Teradici has the legal obligation to pay or collect Taxes for which Licensee is responsible under this Section, the appropriate amount shall be paid by Licensee promptly following notice thereof, unless Licensee provides Teradici with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, Teradici is solely responsible for taxes assessable against it based on Teradici’s income, property and employees.
Appears in 1 contract
Samples: End User License Agreement
Fees and Payment Taxes. This Section 2 is applicable in any instance where fees are payable by Licensee for the Licensed Product (“Fees”) and not where the Licensed Product is provided by Teradici free of charge to Licensee (including, without limitation, under a free evaluation license). Prior to download Within thirty (30) days of the earlier of (i) first receipt of the Licensed ProductProduct and (ii) the date of Teradici’s invoice, Licensee shall pay, or have paid via a distributor or reseller, pay Teradici all applicable Fees in U.S. dollars for any authorized copies or uses of Licensed Product or such other Fees as have been expressly agreed to by Teradici. In addition, without limiting Teradici’s remedies, if Licensee makes or uses copies, or has users/uses, that are not authorized hereunder, it shall pay additional license and maintenance and support fees (if applicable) equal to Teradici’s then current standard fees for the license and maintenance and support of such extra copies and users/uses (from time to time upon request, Teradici shall be entitled to audit or have audited all systems and records relevant to assure compliance with the foregoing; any audit showing noncompliance shall be at Licensee’s expense). All payments shall be made in the currency of, and within the borders of the country (or countries) specified by Teradici or Teradici’s distributor or reseller. Any payments more than thirty (30) days overdue shall bear a late payment fee of 1.5% per month, or, if lower, the maximum rate allowed by law. Any License Fees that are unpaid as of the date of termination shall be immediately due and payable. Licensee shall pay on demand all of Teradici’s reasonable attorney fees and other costs incurred by Teradici to collect any fees or charges due Teradici under this Agreement following Licensee’s breach of this Section 2. Unless otherwise stated, the License Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-value added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, "Taxes"). Licensee is responsible for paying all Taxes associated with Licensee’s purchases hereunder. If Teradici has the legal obligation to pay or collect Taxes for which Licensee is responsible under this Section, the appropriate amount shall be paid by Licensee promptly following notice thereof, unless Licensee provides Teradici with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, Teradici is solely responsible for taxes assessable against it based on Teradici’s income, property and employees.
Appears in 1 contract
Samples: End User License Agreement