Common use of Subscription Licensing Model Clause in Contracts

Subscription Licensing Model. To the extent the licensing model is a subscription model, the terms in this section 4.6 shall apply. Upon each and every breach by the Licensee hereunder a contractual penalty amounting to 200% for breach under sections 3.2, 3.3, 3.4, 3.5, 3.6, 3.8, 3.9, 3.14, 4.1, 4,3 or 4.4 and 1000% for breach under section 3.12 of an amount equal to the aggregate annual license fee for the software paid by the licensee for the past one-year period is payable by the Licensee to IAR Systems. In case IAR Systems’ actual damage due to the breach would exceed this amount, also the remainder shall be paid by the Licensee, see also section 3.12.

Subscription Licensing Model. To the extent the licensing model is a subscription model, the terms in this section 4.6 4.5 shall apply. Upon each and every breach by the Licensee hereunder a contractual penalty amounting to 200% for breach under sections 3.2, 3.3, 3.4, 3.5, 3.6, 3.8, 3.9, 3.14, 4.1, 4,3 4.1 or 4.4 4.3 and 1000% for breach under section 3.12 of an amount equal to the aggregate annual license fee for the software paid by the licensee for the past one-year period is payable by the Licensee to IAR Systems. In case IAR Systems’ actual damage due to the breach would exceed this amount, also the remainder shall be paid by the Licensee, see also section 3.12.

Subscription Licensing Model. To the extent the licensing model is a subscription model, the terms in this section 4.6 4.5 shall apply. Upon each and every breach by the Licensee hereunder a contractual penalty amounting to 200% for breach under sections 3.2, 3.3, 3.4, 3.5, 3.6, 3.8, 3.9, 3.14, 4.1, 4,3 4.1 or 4.4 4.3 and 1000% for breach under section 3.12 of an amount equal to the aggregate annual license fee for the software paid by the licensee for the past one-year period is payable by the Licensee to IAR Systems. In case IAR Systems’ actual damage due to the breach would exceed this amount, also the remainder shall be paid by the Licensee, see also section Section 3.12.