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 ID Agent the right to monitor usage by all of its users and to audit its books, records and accounts, at ID Agent’s expense, during Licensee’s normal business hours to verify compliance with this Agreement, and Licensee agrees to make available to ID Agent 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 ID Agent, Licensee agrees to pay ID Agent 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 ID Agent Spanning the right to monitor usage by all of its users and to audit its books, records and accounts, at ID AgentSpanning’s expense, during Licensee’s normal business hours to verify compliance with this Agreement, and Licensee agrees to make available to ID Agent 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 ID AgentSpanning, Licensee agrees to pay ID Agent Spanning the then current subscription Fees and any related Service fees for such unauthorized use.