Licence Fees and Payment. Without prejudice and in addition to its obligations under clause 5, the Licensee shall: (i) maintain accurate records of any Third Party Mobile Application that is provided with Third Party Mobile Application Services by the Licensee; and (ii) maintain an independent log record and quote meter for the Third Party Mobile Application to keep tally of all quotes requested by the Subscribers. Such log records and quote meter records shall be subject to inspection by HKEX-IS in accordance with clause 5.7.
Licence Fees and Payment. Without prejudice and in addition to its obligations under clause 5, the Licensee shall: (i) maintain accurate records and the location/URL of any Third Party Website that is provided with Third Party Website Services by the Licensee; and (ii) maintain an independent log record and quote meter for the Third Party Website to keep tally of all quotes requested by the Subscribers. Such log records and quote meter records shall be subject to inspection by HKEX-IS in accordance with clause 5.7.
Licence Fees and Payment. 10.1 The parties shall comply with the provisions of Annex 9 and the Licensee shall pay Royal Mail the Licence Fees as calculated in accordance with and in the manner and at the times set out in this Clause 10 and Annex 9.
10.2 In respect of this Agreement and each Sub-licence, in order to determine the Licence Fees payable to Royal Mail, the Licensee shall notify Royal Mail of which Fee Option will apply to each of its (including its Corporate Group Members’) and the relevant Sub-licensee’s (including its Corporate Group Members’) use and licensing of any Map Solution, as follows:
10.2.1 in respect of the Licensee’s (including its Corporate Group Members’) licensing of Remote Maps to Remote Map Users and licensing of Loaded Maps to Loaded Device Users, in each case, the Licensee shall within twenty (20) Working Days of the first day of the first Licence Year for the Licensee provide a Notice to Royal Mail specifying which Fee Option will apply in respect of such licensing; and
10.2.2 in respect of each Sub-licensee’s (including its Corporate Group Members’) licensing of Remote Maps to Remote Map Users and licensing of Loaded Maps to Loaded Device Users, in each case, the Licensee shall within twenty (20) Working Days of the first day of the first Licence Year for such Sub-licensee provide a Notice to Royal Mail specifying which Fee Option will apply in respect of such licensing. Where the Licensee fails to provide any such Notice then the Licensee will be deemed to have applied Fee Option 2 in respect of such use or licensing. Each Fee Option notified or deemed to apply in accordance with this Clause 10.2 shall continue to apply in respect of the relevant use or licensing until Royal Mail is notified otherwise in accordance with Clause 10.3.
10.3 The Licensee shall be entitled to change the Fee Option which shall apply to its (including its Corporate Group Members’) and/or to the relevant Sub-licensee’s (including its Corporate Group Members’) licensing of each of: (a) Remote Maps to Remote Map Users; and/or (b) Loaded Maps to Loaded Device Users, as follows:
10.3.1 in respect of such licensing to which Fee Option 1 then applies, the Licensee shall be entitled to provide at least twenty (20) Working Days’ Notice to Royal Mail specifying that Fee Option 2 shall apply from the end of the then current Quarter (the “current Quarter”) to which Fee Option 1 applies (and the Licence Year for the purposes of such Fee Option 2 shall be the Year commencing on the f...
Licence Fees and Payment. 10.1. In consideration of the Licence being granted:
10.1.1. the Licensee shall pay the Licensor the Licence Fee per the amount set agreed upon in during sign up and as set out in the Terms of Use payable per annum within 30 (thirty) days of the invoice date setting out the payment terms.
Licence Fees and Payment. 2.4.1 The annual Licence Fees for each Licence Year of the Initial Term shall be fixed and calculated by reference to the forecasted Users in the Initial Term as set out in the relevant Statement of Work.
2.4.2 The licence fees may increase to reflect an annual increases in consumer prices or costs. This increase will not exceed the greater of the percentage stated in the most recent consumer price index selected by SAP or 3.3% per annum. The increase is applied on a cumulative, year-over-year basis beginning on either the start of the preceding Order Form Term or date of last increase, whichever is later. Not raising fees is not a waiver of EPI-USE's right to do so. EPI-USE may increase fees if the client elects to reduce the SAP Cloud Service, Usage Metrics or volume for any Order Form Renewal Term. Except for fee increases applied under this Section 2.4.2 Renewal Terms will be equal to the fees for the immediately preceding Order Form Term for the same SAP Cloud Service, Usage Metrics and volume.
2.4.3 Invoice for licences will be issued quarterly in advance.
2.4.4 The Supplier shall issue an invoice for the pro-rata amount for any increase of the user numbers (as they may be increased pursuant to paragraph 2.2 above) at the end of each quarter during the Initial Term and any Renewal Term.
2.4.5 Unless Client in good faith disputes all or part of an invoice, Client shall pay the Licence Fees within thirty (30) calendar days from the date of the invoice.
2.4.6 Software Licence subscriptions are binding, non-cancellable, non-revocable and non- transferable for the term of the subscription.
2.4.7 Neither party may terminate any or all of a Cloud Service Subscription (and in the case of partial termination, reduce the Usage Metric for a Cloud Service) for convenience. If Client wishes to longer use the Cloud Services, the full amount payable over the Fixed term will still remain payable to EPI-USE.
2.4.8 Any affected Cloud Service subscriptions (as set out in the Statement of Work) may be terminated by the non-breaching Party immediately upon written notice to the other Party in the following cases (and subject to the provisions contained therein):
(a) Non-Payment. Client does not pay on the due date any amount properly payable to EPI-USE under or this agreement at the place at and in the currency in which it is expressed to be payable unless payment is made within thirty days of the due date. Termination under this clause does not remove Client’s obligatio...
Licence Fees and Payment. 4.1 The initial license fee for the Services and the Mobile App is for a fixed term subscription of the period agreed at the time of placing the order, payable simultaneously with the placing of the order for the Services. Should the Customer want to continue using the Services and the Mobile App after this initial term, payment of a renewal license fee must be made according to the instructions provided by Omegawave.
4.2 The Customer shall make required payments using one of the payment options provided to the Customer.
4.3 License fee includes VAT and other applicable taxes.
Licence Fees and Payment. 3.1 Outcomes IT (Pty) Ltd grants an annual, automatically renewable licence (unless terminated as per clause 4.2), to the Registered User to access and use Outcomes IT Software in exchange for payment as per the payment pricing schedule and selection indicated on the registration form and or website, and in the event of a functionality customization per quotation, as follows:
3.1.1. via Debit Order either recurring payments in advance per annual subscription or
Licence Fees and Payment. 4.1 You will pay the Licence Fees for the Paid Nodes and any other agreed charges under this Agreement plus taxes (if any) to us in accordance with the payment terms set out in the Order Form. No licence fees are payable for the Free Nodes however we reserve the right to introduce licence fees for Free Nodes in the future by giving written notice to you in accordance with clause 4.3.
4.2 If you default in any payment of the Licence Fees, we may (without prejudice to our other rights):
(a) charge interest on the unpaid amount from the due date until the date of actual payment at 2% per annum over the base overdraft facility rate charged by our bankers from time to time;
(b) withhold the provision of any of the Support Services until all amounts you owe to us under this Agreement have been paid in full; and/or
(c) deactivate the functionality of the Software by invalidating the Licence Keys until all amounts you owe to us under this Agreement have been paid in full.
4.3 We may increase any, or introduce new, Licence Fees (including for Free Nodes) by giving you at least 30 days’ prior written notice. If you do not wish to pay the increased or new Licence Fees you may terminate this Agreement by giving notice to us at least five days prior to the effective date of the increase or introduction.
4.4 You are responsible for payment of all duties or taxes.
4.5 If you are required by law to deduct or withhold taxes or charges from the amounts due to us under this Agreement, you will ensure that the amount due to us is increased so that the payment actually made to us equals the amount due to us as if no such taxes or charges had been imposed.
Licence Fees and Payment. 2.4.1 The annual Licence Fees for each Licence Year of the Initial Term shall be fixed and calculated by reference to the forecasted Users in the Initial Term as set out in the relevant Statement of Work.
2.4.2 Invoice for licences will be issued quarterly in advance.
2.4.3 The Supplier shall issue an invoice for the pro-rata amount for any increase of the user numbers (as they may be increased pursuant to paragraph 2.2 above) at the end of each quarter during the Initial Term and any Renewal Term.
2.4.4 Unless Client in good faith disputes all or part of an invoice, Client shall pay the Licence Fees within thirty (30) calendar days from the date of the invoice.
2.4.5 Software Licence subscriptions are binding, non-cancellable, non-revocable and non- transferable for the term of the subscription.
2.4.6 Neither party may terminate any or all of a Cloud Service Subscription (and in the case of partial termination, reduce the Usage Metric for a Cloud Service) for convenience. If Client wishes to longer use the Cloud Services, the full amount payable over the Fixed term will still remain payable to EPI-USE.
2.4.7 Any affected Cloud Service subscriptions (as set out in the Statement of Work) may be terminated by the non-breaching Party immediately upon written notice to the other Party in the following cases (and subject to the provisions contained therein):
(a) Non-Payment. Client does not pay on the due date any amount properly payable to EPI-USE under or this agreement at the place at and in the currency in which it is expressed to be payable unless payment is made within thirty days of the due date. Termination under this clause does not remove Client’s obligation to pay all amounts lawfully due under this agreement.
Licence Fees and Payment. 6.1 The parties shall comply with the provisions of Annex 5 and the Solutions Provider shall pay Royal Mail the Licence Fees calculated in accordance with and in the manner and at the times set out in Annex 5.
6.2 The Solutions Provider shall be responsible for the payment to Royal Mail of the Licence Fees, which are based on the fees applicable to each End-User in respect of Data supplied or made available to it by the Solutions Provider or a Third Party Solutions Provider, in each case as specified in and calculated in accordance with Annex 5.
6.3 The Solutions Provider shall also be responsible for collecting any and all fees that it charges to End-Users from those End-Users (whether via a Third Party Solutions Provider or otherwise), and such collection (or otherwise) shall not affect its liability to pay the applicable Licence Fees due to Royal Mail. For the avoidance of doubt, nothing in this Agreement shall affect the Solutions Provider’s ability to set its own prices for its Solutions.
