Common use of Subscription Licensing Clause in Contracts

Subscription Licensing. Xxxxxxx makes available for purchase by Subscriber certain Product licenses for a specified term only (“Subscription”, such term being the “Subscription Term”). Subscriber’s use of such Products under Subscription shall be governed by the terms of an applicable Offering Document- and the Agreement. 5.1. Subscriber may, upon Xxxxxxx’x approval, purchase Subscriptions to license specific Eligible Products (a “Product Subscription License”). A Product Subscription License entitles Subscriber to license rights in a Product for Production Use, in Object Code form and (except for CALs) within a Country. To be eligible to participate, Subscriber must be current on all outstanding invoices for amounts owed to Bentley. Some Product Subscription Licenses require participation in SELECT Open Access. 5.2. Subscriber recognizes that the Products licensed under a Product Subscription License are provided to Subscriber for use only for the applicable Subscription Term or any renewal term. In no event will a Product Subscription License continue beyond the expiration or earlier termination of the Agreement. Subscriber recognizes that Product Subscription Licenses may be delivered to Subscriber with embedded Time Clocks. Subscriber agrees that Time Clocks are not considered a defect of such Product Subscription Licenses and releases Xxxxxxx from any and all claims, however characterized, arising from or related to Time Clocks or their operation. Subscriber may not remove or evade Time Clocks. 5.3. In the event of any inconsistency between this Section 5 of these SELECT Program Terms and any other Section of the Agreement, or between this Section 5 and the terms and conditions in the license agreement provided with any Product that is the subject of a Product Subscription License, this Section 5 shall control with respect to Product Subscription Licenses. 5.4. A Client Access License (“CAL”) is a Product Subscription License that permits a specific named User to access Server Products licensed by Subscriber. CAL usage is determined by counting the number of Users accessing a given Server Product during a three-month period or other period as specified in an applicable Offering Document. For the sake of clarity, “CAL” refers to a category of Product license designations, including but not limited to Passports, Visas or such other designations as Bentley may determine from time to time. CALs are non- transferrable and cannot be pooled or shared among Users. Subscriber shall allow the management and monitoring of CAL usage, and Server Product usage, through SES. Subscriber acknowledges that the continuing availability of CALs to Users xxx be predicated upon communications with SES.