Common use of Trials Clause in Contracts

Trials. Licensee is permitted to offer one trial (or pilot program, as applicable) per Customer for the Service or the Additional Service (each, a “Trial”). During a Trial, neither Customer nor Licensee shall owe Adobe any fees for use of the Software provided that such Trial does not last more than [***] and no more than [***] GB of total video is transferred during the Trial. Notwithstanding the foregoing, Licensee may request an additional amount of video transfer for a Trial, and such request may be granted at Adobe’s discretion. In the event that a Trial for the Service exceeds the GB limits set forth above, Licensee shall owe Adobe the Minimum Transfer Fees for each GB transferred in excess of the [***] GB. In the event that a Trial for the Additional Service exceeds the GB limits set forth above, Licensee shall owe Adobe the Minimum Additional Service Fee as set forth below for each such Trial as a flat fee and in lieu of a fee based upon GB transferred in such Trial.

Appears in 2 contracts

Samples: Macromedia Flash Communication Server License Agreement (Vitalstream Holdings Inc), Macromedia Flash Communication Server License Agreement (Vitalstream Holdings Inc)

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Trials. Licensee is permitted to offer one trial (or pilot program, as applicable) per Customer for the Service or the Additional Service (each, a "Trial"). During a Trial, neither Customer nor Licensee shall owe Adobe Macromedia any fees for use of the Software provided that such Trial does not last more than [***] * days and no more than [***] * GB of total video is transferred during the Trial. Notwithstanding the foregoing, Licensee may request an additional amount of video transfer for a Trial, and such request may be granted at Adobe’s Macromedia's discretion. In the event that a Trial for the Service exceeds the GB limits set forth above, Licensee shall owe Adobe Macromedia the Minimum Transfer Fees for each GB transferred in excess of the [***] * GB. In the event that a Trial for the Additional Service exceeds the GB limits set forth above, Licensee shall owe Adobe Macromedia the Minimum Additional Service Fee as set forth below for each such Trial as a flat fee and in lieu of a fee based upon GB transferred in such Trial.

Appears in 1 contract

Samples: Macromedia Flash Communication Server License Agreement (Vitalstream Holdings Inc)

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Trials. Licensee is permitted to offer one trial (or pilot program, as applicable) per Customer for the Service or the Additional Service (each, a “Trial”). During a Trial, neither Customer nor Licensee shall owe Adobe any fees for use of the Software provided that such Trial does not last more than [***] ]and no more than [***] GB of total video is transferred during the Trial. Notwithstanding the foregoing, Licensee may request an additional amount of video transfer for a Trial, and such request may be granted at Adobe’s discretion. In the event that a Trial for the Service exceeds the GB limits set forth above, Licensee shall owe Adobe the Minimum Transfer Fees for each GB transferred in excess of the [***] GB. In the event that a Trial for the Additional Service exceeds the GB limits set forth above, Licensee shall owe Adobe the Minimum Additional Service Fee as set forth below for each such Trial as a flat fee and in lieu of a fee based upon GB transferred in such Trial.

Appears in 1 contract

Samples: Macromedia Flash Communication Server License Agreement (Vitalstream Holdings Inc)

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