Common use of Remedies for Non-Compliance Clause in Contracts

Remedies for Non-Compliance. If verification or self-audit reveals any unlicensed use of Products, then within 30 days (1) Customer must order sufficient licenses to cover its use, and (2) if unlicensed use is 5% or more, Customer must reimburse Microsoft for the costs Microsoft incurred in verification and acquire the necessary additional licenses at 125% of the price, based on the then-current price last and customer price level. The unlicensed use percentage is based on the total number of licenses purchased for current use compared to the actual installed base. If there is no unlicensed use, Microsoft will not subject Customer to another verification for at least one year. By exercising the rights and procedures described above, Microsoft does not waive its rights to enforce this agreement or to protect its intellectual property by any other legal means.

Appears in 7 contracts

Samples: Microsoft Cloud Agreement, Cloud Services Agreement, Master Services Agreement

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Remedies for Non-Compliance. If verification or self-audit reveals any unlicensed use of Products, then within 30 days (1) Customer must order sufficient licenses to cover its use, and (2) if unlicensed use or distribution is 5% or more, Customer must reimburse Microsoft for the costs Microsoft incurred in verification and acquire the necessary additional licenses at 125% of the price, based on the then-current price last list and customer Customer price level. The unlicensed use percentage is based on the total number of licenses purchased for current use compared to the actual installed install base. If there is no unlicensed use, Microsoft will not subject Customer to another verification for at least one year. By exercising the rights and procedures described above, Microsoft does not waive its rights to enforce this agreement or to protect its intellectual property by any other legal means.and

Appears in 3 contracts

Samples: Business and Services Agreement, Business and Services Agreement, Business and Services Agreement

Remedies for Non-Compliance. If verification or self-audit reveals any unlicensed use of Products, then within 30 days (1) Customer must order sufficient licenses to cover its use, and (2) if unlicensed use or distribution is 5% or more, Customer must reimburse Microsoft for the costs Microsoft incurred in verification and acquire the necessary additional licenses at 125% of the price, based on the then-current price last list and customer Customer price level. The unlicensed use percentage is based on the total number of licenses purchased for current use compared to the actual installed install base. If there is no unlicensed use, Microsoft will not subject Customer to another verification for at least one year. By exercising the rights and procedures described above, Microsoft does not waive its rights to enforce this agreement or to protect its intellectual property by any other legal means.

Appears in 2 contracts

Samples: Microsoft Business and Services Agreement, Business and Services Agreement

Remedies for Non-Compliance. If verification or self-audit reveals any unlicensed use of Products, then within 30 thirty (30) days (1) Customer must order sufficient licenses to cover its use, and (2) if unlicensed use is five percent (5% %) or more, Customer must reimburse Microsoft for the costs Microsoft incurred in verification and acquire the necessary additional licenses at one-hundred twenty-five (125% %) of the price, based on the then-current price last and customer price level. The unlicensed use percentage is based on the total number of licenses purchased for current use compared to the actual installed base. If there is no unlicensed use, Microsoft will not subject Customer to another verification for at least one year. By exercising the rights and procedures described above, Microsoft does not waive its rights to enforce this agreement or to protect its intellectual property by any other legal means.

Appears in 1 contract

Samples: Terms and Conditions of Service

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Remedies for Non-Compliance. If verification or self-audit reveals any unlicensed use of Products, then within 30 days (1) Customer Institution must order sufficient licenses to cover its use, and (2) if unlicensed use or distribution is 5% or more, Customer Institution must reimburse Microsoft for the costs Microsoft incurred in verification and acquire the necessary additional licenses at 125% of the price, based on the then-current price last list and customer Institution price level. The unlicensed use percentage is based on the total number of licenses purchased for current use compared to the actual installed install base. If there is no unlicensed use, Microsoft will not subject Customer Institution to another verification for at least one year. By exercising the rights and procedures described above, Microsoft does not waive its rights to enforce this agreement or to protect its intellectual property by any other legal means.

Appears in 1 contract

Samples: Campus and School Agreement

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