Common use of PRICING STRUCTURE DEFINITIONS Clause in Contracts

PRICING STRUCTURE DEFINITIONS. ASC means the Annual Service Charge for use of a DS Offering, subject to the conditions set forth in the Agreement. For the first year of each right to use a DS Offering, ASC is due together with the PSC or TSC, as applicable. Provided Customer has paid PSC or TSC as applicable, payment of the ASC for a DS Offering entitles Customer to (i) use the DS Offering, (ii) Support Services for the Licensed Program(s) included in the DS Offering for one (1) year, including a license (subject to the conditions set forth in the Agreement) to use the Release(s) of such Licensed Program(s) made available by DS during such year, in lieu of the license(s) on the previous Release(s) of the Licensed Program(s) made available to Customer, and (iii) a one (1) year right to use and to receive Support Services for the elements of the DS Offering other than the Licensed Program(s) included in such DS Offering. Termination of ASC of a DS Offering ordered under a TSC/ASC pricing structure automatically terminates TSC. Termination of ASC of a DS Offering ordered under a PSC/ASC pricing structure shall result in suspension of the right to use the DS Offering. Online Services as stated in the SLA shall be deemed expired. Customer may reinstate the DS Offering ordered under a PSC/ASC pricing structure of a terminated ASC, provided such DS Offering is generally available to the market and provided Customer pays (i) ASC for one (1) year and (ii) ASC fees that would have been due in respect of the use of the DS Offering from the date of termination of ASC to the date of reinstatement of such DS Offering. Each year, the ASC renewal price shall be calculated by applying the percentage difference between the list price of the renewal period and the list price of the prior period against the price charged to Customer for the prior period. PSC means the Primary Service Charge applicable to each DS Offering ordered under the PSC/ASC pricing structure. The PSC is a one-time and non-refundable charge. Payment of the PSC for a DS Offering provides Customer with an access right to the Licensed Program(s) included in the DS Offering at any time subject to the conditions set forth in the Agreement. Customer may terminate its online access to a DS Offering at any time and, if such option is generally available to the market, opt instead to install on Machines and use the functionally equivalent Release of the Licensed Program(s) being used by Customer upon the termination date of the corresponding ASC, provided that Customer requests such change in writing prior to the termination date of the PSC, pays reasonable fees for such change, and is not in breach of this Agreement. Any such use is perpetual and subject to the terms of this Agreement.

PRICING STRUCTURE DEFINITIONS. ASC means the Annual Service Charge for use of a DS 3DS Offering, subject to the conditions set forth in the Agreement. For the first year of each right to use a DS 3DS Offering, ASC is due together with the PSC or TSC, as applicable. Provided Customer has paid PSC or TSC as applicable, payment of the ASC for a DS 3DS Offering entitles Customer to (i) use the DS 3DS Offering, (ii) Support Services for the Licensed Program(s) included in the DS 3DS Offering for one (1) year, including a license (subject to the conditions set forth in the Agreement) to use the Release(s) of such Licensed Program(s) made available by DS 3DS during such year, in lieu of the license(s) on the previous Release(s) of the Licensed Program(s) made available to Customer, and (iii) a one (1) year right to use and to receive Support Services for the elements of the DS 3DS Offering other than the Licensed Program(s) included in such DS 3DS Offering. Termination of ASC of a DS 3DS Offering ordered under a TSC/ASC pricing structure automatically terminates TSC. Termination of ASC of a DS 3DS Offering ordered under a PSC/ASC pricing structure shall result in suspension of the right to use the DS 3DS Offering. Online Services as stated in the SLA shall be deemed expired. Customer may reinstate the DS 3DS Offering ordered under a PSC/ASC pricing structure of a terminated ASC, provided such DS 3DS Offering is generally available to the market and provided Customer pays (i) ASC for one (1) year and (ii) ASC fees that would have been due in respect of the use of the DS 3DS Offering from the date of termination of ASC to the date of reinstatement of such DS 3DS Offering. Each year, the ASC renewal price shall be calculated by applying the percentage difference between the list price of the renewal period and the list price of the prior period against the price charged to Customer for the prior period. PSC means the Primary Service Charge applicable to each DS 3DS Offering ordered under the PSC/ASC pricing structure. The PSC is a one-one- time and non-refundable charge. Payment of the PSC for a DS 3DS Offering provides Customer with an access right to the Licensed Program(s) included in the DS 3DS Offering at any time subject to the conditions set forth in the Agreement. Customer may terminate its online access to a DS 3DS Offering at any time and, if such option is generally available to the market, opt instead to install on Machines and use the functionally equivalent Release of the Licensed Program(s) being used by Customer upon the termination date of the corresponding ASC, provided that Customer requests such change in writing prior to the termination date of the PSC, pays reasonable fees for such change, and is not in breach of this Agreement. Any such use is perpetual and subject to the terms of this Agreement.

PRICING STRUCTURE DEFINITIONS. ASC means the Annual Service Charge for use of a DS Offering, subject to the conditions set forth in the Agreement. For the first year of each right to use a DS Offering, ASC is due together with the PSC or TSC, as applicable. Provided Customer has paid PSC or TSC as applicable, payment of the ASC for a DS Offering entitles Customer to (i) use the DS Offering, (ii) Support Services for the Licensed Program(s) included in the DS Offering for one (1) year, including a license (subject to the conditions set forth in the Agreement) to use the Release(s) of such Licensed Program(s) made available by DS during such year, in lieu of the license(s) on the previous Release(s) of the Licensed Program(s) made available to Customer, and (iii) a one (1) year right to use and to receive Support Services for the elements of the DS Offering other than the Licensed Program(s) included in such DS Offering. Termination of ASC of a DS Offering ordered under a TSC/ASC pricing structure automatically terminates TSC. Termination of ASC of a DS Offering ordered under a PSC/ASC pricing structure shall result in suspension of the right to use the DS Offering. Online Services as stated in the SLA shall be deemed expired. Customer may reinstate the DS Offering ordered under a PSC/ASC pricing structure of a terminated ASC, provided such DS Offering is generally available to the market and provided Customer pays (i) ASC for one (1) year and (ii) ASC fees that would have been due in respect of the use of the DS Offering from the date of termination of ASC to the date of reinstatement of such DS Offering. Each year, the ASC renewal price shall be calculated by applying the percentage difference between the list price of the renewal period and the list price of the prior period against the price charged to Customer for the prior period. PSC means the Primary Service Charge applicable to each DS Offering ordered under the PSC/ASC pricing structure. The PSC is a one-time and non-refundable charge. Payment of the PSC for a DS Offering provides Customer with an access right to the Licensed Program(s) included in the DS Offering at any time subject to the conditions set forth in the Agreement. Customer may terminate its online access to a DS Offering at any time and, if such option is generally available to the market, opt instead to install on Machines and use the functionally equivalent Release of the Licensed Program(s) being used by Customer upon the termination date of the corresponding ASC, provided that Customer C ustomer requests such change in writing prior to the termination date of the PSC, pays reasonable fees for such change, and is not in breach of this Agreement. Any such use is perpetual and subject to the terms of this Agreement.