Definition of Net Revenue. Net Revenue shall consist of all revenues recognized by PlanetCAD for the sale and licensing of IntraVision and Derivative Works thereof, including enterprise versions and ASP services offered directly or indirectly by PlanetCAD that incorporate, or are facilitated by or are based on IntraVision and/or Derivative Works thereof. Royalty payments to Spatial shall be based on a prorata share of the total price (if IntraVision is offered as a service or ASP or as a bundled product). Any discount on bundled products, services, ASPs or other products including IntraVision or Derivative Works as well as in IntraVision or Derivative Works sold as standalone products, shall be made pro rata to the other products in the same offer/bundle of software or services. Net Revenue shall be net of any applicable discounts and net of any commissions or fees paid to third party resellers, and less any other fees and charges invoiced by PlanetCAD to the customers, without deduction by PlanetCAD of any other costs or expenses related to achievement of the revenue, provided, however, that Net Revenue shall be reduced by the amount, if any, of (i) value-added taxes, (ii) sales taxes or (iii) withholding taxes imposed by any jurisdiction on payments made by a payor in such jurisdiction to a payee outside of such jurisdiction.
Appears in 2 contracts
Sources: License Agreement (Planetcad Inc), License Agreement (Planetcad Inc)