Common use of Term Licenses Clause in Contracts

Term Licenses. If, during a calendar quarter (or such other period as may be offered by Xxxxxxx from time to time), the number of unique Devices at a Subscriber Site that utilize a Product in any interval exceeds the number of copies of such Product for which Subscriber has licenses at the Site (“Excess Use”), Bentley may grant Subscriber retroactive licenses to cover Excess Use (“Term Licenses”) and invoice Subscriber fees per Site and per licensed Product for the peak amount of such Excess Use (“Term License Fees”), where such Term Licenses shall be effective upon Subscriber’s payment of the Term License Fees only. Term License Fees shall be those in effect as of the start of the calendar term to which they apply. In the event Subscriber fails to pay Term License Fees, Xxxxxxx may, in addition to exercising any rights provided in Section 6.2 of Bentley’s General Terms and Conditions, i) take technical measures aimed at restricting Subscriber’s capacity to engage in Excess Use and/or ii) discontinue Subscriber’s grant of the right to pooled licensing pursuant to Section 4.1 above of these SELECT Program Terms.