Allocation of Revenue. In order to allocate fairly revenues relating --------------------- to licenses of TSI and Reuters Parties products, services or any other item and the provision of related maintenance and support, such revenues shall be determined in accordance with the following: (i) The Reuters Parties shall allocate fees fairly as between the TSI Product license and maintenance fees, on the one part, and any Reuters or TFT products, services or any other item, sold in connection with any customer transaction or series of related transactions. Such fair allocation shall be based on a presumption that TSI Product license or maintenance fees have not been discounted at a greater rate (based on standard list price) than any Reuters or TFT products, maintenance, services or any other item, sold in connection with any customer transaction or series of related transactions. (ii) The Reuters Parties shall not structure any customer transaction or series of transactions with the purpose of reducing the pricing or allocation of TSI Product license or maintenance fees in relation to any such Reuters or TFT products or services or other items. For example, in a transaction that includes TSI Products and Reuters or TFT services, Reuters and TFT shall fairly allocate service fees only for services actually performed and shall not, in connection with the determination of the amount properly allocable to sales of products, deem TSI Product or license fees to have been discounted in a proportionate amount greater than the proportionate amount that such services have been discounted. The provisions of this Section 6.4(i) and (ii) shall apply mutatis mutandis to the allocation of revenues of TSI that are subject to a payment obligation from TSI to any Reuters Party under this Agreement.
Appears in 2 contracts
Sources: License, Maintenance and Distribution Agreement (Tibco Software Inc), License, Maintenance and Distribution Agreement (Tibco Software Inc)