Common use of Monitoring; Auditing Clause in Contracts

Monitoring; Auditing. Licensee understands that the Software is programmed to track the number of deployed copies of the Software, authorized devices, users and other usage related data, and Licensee consents to such operations and shall not engage in any activity designed to circumvent or obstruct, or which has the effect of circumventing or obstructing, the Software’s tracking capabilities. Licensee grants to Spanning the right to monitor usage by all of its users and to audit its books, records and accounts, at Spanning’s expense, during Licensee’s normal business hours to verify compliance with this Agreement, and Licensee agrees to make available to Spanning or its representatives any records pertaining to this Agreement. If any audit reveals that any additional amounts are owed in excess of five percent (5%) of the total Fees paid during the audited time period, then such owed amounts will be paid immediately and the cost of such audit shall be reimbursed by Licensee. Furthermore, in the event that Licensee uses any Software other than as licensed under this Agreement (or under another agreement executed by the parties), in addition to any other remedies available to Spanning, Licensee agrees to pay Spanning the then current subscription Fees and any related Service fees for such unauthorized use.

Monitoring; Auditing. Licensee understands that the Software is programmed to track the number of deployed copies of the Software, authorized devices, users and other usage related data, and Licensee consents to such operations and shall not engage in any activity designed to circumvent or obstruct, or which has the effect of circumventing or obstructing, the Software’s tracking capabilities. Licensee grants to Spanning IT Glue the right to monitor usage by all of its users and to audit its books, records and accounts, at SpanningIT Glue’s expense, during Licensee’s normal business hours to verify compliance with this Agreement, and Licensee agrees to make available to Spanning IT Glue or its representatives any records pertaining to this Agreement. If any audit reveals that any additional amounts are owed in excess of five percent (5%) of the total Fees paid during the audited time period, then such owed amounts will be paid immediately and the cost of such audit shall be reimbursed by Licensee. Furthermore, in the event that Licensee uses any Software other than as licensed under this Agreement (or under another agreement executed by the parties), in addition to any other remedies available to SpanningIT Glue, Licensee agrees to pay Spanning IT Glue the then current subscription Fees and any related Service fees for such unauthorized use.