Common use of Standard Rate Clause in Contracts

Standard Rate. Licensee shall pay to Licensing Company a royalty at the Standard Rate for each copy of Licensed Product that is provided directly or indirectly by Licensee or its Affiliate and that (a) is Sold by Licensee or its Affiliate, or (b) Licensee or its Affiliate is aware of being Sold by an Authorized Recipient, a Retailer or any other third party has Sold (regardless of whether or not Authorized Recipient has actually reported the data from its own sales and the sales of its Retailer to Licensee or its Affiliate). Notwithstanding the foregoing, in respect of Licensee and its Affiliates, there shall be no royalty payable if the copy of the Licensed Product is used for research and development purposes for and on behalf Licensee or its Affiliates. Licensee shall not be obligated to pay Licensing Company a royalty for any copy of Licensed Software for which Licensee or another licensee of One-Blue has already reported and paid the Standard Royalty to Licensing Company. Each copy of Licensed Product reproduced from another Licensed Product shall be considered a separate Licensed Product for the purposes of this Agreement.

Standard Rate. Licensee shall pay to Licensing Company a royalty at the Standard Rate for each copy of Licensed Product that is provided directly or indirectly by Licensee or its Affiliate and that that (a) is Sold by Licensee or its Affiliate, or (b) Licensee or its Affiliate is aware of being Sold by an Authorized Recipient, a Retailer or any other third party has Sold (regardless of whether or not Authorized Recipient has actually reported the data from its own sales and the sales of its Retailer to Licensee or its Affiliate). Notwithstanding the foregoing, in respect of Licensee and its Affiliates, there shall be no royalty payable if the copy of the Licensed Product is used for research and development purposes for and on behalf Licensee or its Affiliates. Licensee shall not be obligated to pay Licensing Company a royalty for any copy of Licensed Software for which Licensee or another licensee of One-Blue has already reported and paid the Standard Royalty to Licensing Company. Each copy of Licensed Product reproduced from another Licensed Product shall be considered a separate Licensed Product for the purposes of this Agreement.