Common use of Fair Use Policy Clause in Contracts

Fair Use Policy. 1. Unless specifically agreed otherwise in writing, the use of the Private Cloud Solution is subject to a Fair Use Policy (“FUP”). The FUP implies that eLabNext can restrict the Customer's data traffic and/or the allocated storage and computing capacity, after first issuing a warning, if according to the administrative records of eLabNext, the Customer’s data traffic and/or use of storage and computing capacity qualifies as excessive use, i.e. 100 times above average. eLabNext has the right to suspend, to terminate or to amend the Agreement in accordance with the actual usage if the limit continues to be exceeded after a FUP-waring has been issued three times and the Customer has refused an offer by eLabNext to upgrade its capacity. 2. eLabNext reserves the right to suspend or terminate the Agreement if above-average data traffic generated by the Customer has adverse effects on its other customers and the Customer has refused an offer by eLabNext to upgrade its capacity. 3. The use of the Software generates anonymous usage metadata concerning the way the Software is used. eLabNext may use this metadata to improve its Services. 4. Storage and computing capacity are kept to the limits defined in the contract with the selected infrastructure provider for the Private Cloud Solution. eLabNext cannot be held liable for problems with the use of the Private Cloud Solution that can be attributed or are related to insufficient storage and computing capacity. If it is established that there is insufficient storage and computing capacity or if problems arise in this regard, eLabNext will recommend upgrading the capacity. If the upgrade advice is not followed, eLabNext will have the right to suspend the Services or to terminate the Agreement.

Fair Use Policy. 1. Unless specifically agreed otherwise in writing, the use of the Private Cloud Solution is subject to a Fair Use Policy (“FUP”). The FUP implies that eLabNext can restrict the Customer's data traffic and/or the allocated storage and computing capacity, after first issuing a warning, if according to the administrative records of eLabNext, the Customer’s data traffic and/or use of storage and computing capacity qualifies as excessive use, i.e. 100 times above average. eLabNext has the right to suspend, to terminate or to amend the Agreement in accordance with the actual usage if the limit continues to be exceeded after a FUP-waring has been issued three times and the Customer has refused an offer by eLabNext to upgrade its capacity. 2. eLabNext reserves the right to suspend or terminate the Agreement if above-above- average data traffic generated by the Customer has adverse effects on its other customers and the Customer has refused an offer by eLabNext to upgrade its capacity. 3. The use of the Software generates anonymous usage metadata concerning the way the Software is used. eLabNext may use this metadata to improve its Services. 4. Storage and computing capacity are kept to the limits defined in the contract with the selected infrastructure provider for the Private Cloud Solution. eLabNext cannot be held liable for problems with the use of the Private Cloud Solution that can be attributed or are related to insufficient storage and computing capacity. If it is established that there is insufficient storage and computing capacity or if problems arise in this regard, eLabNext will recommend upgrading the capacity. If the upgrade advice is not followed, eLabNext will have the right to suspend the Services or to terminate the Agreement.