Common use of LICENSEE RECORDS Clause in Contracts

LICENSEE RECORDS. If you are an enterprise customer, then you grant to Wherible, any applicable Authorized Dealer, and each of their respective independent accountants, within two (2) weeks after written notice, the right to examine your books, records and accounts during your normal business hours to verify compliance with this Agreement. In the event such audit discloses non-compliance with this Agreement, you shall promptly pay to the Wherible or Authorized Dealer, as applicable, the appropriate Service/License Fees, any damages incurred by the Wherible or Authorized Dealer, as applicable, due to the non-compliance and all costs incurred by the Wherible or Authorized Dealer, as applicable, to conduct such audit (including reasonable attorneys’ fees, employee costs and other internal expenses directly related to the audit). Failure of the Wherible and/or Authorized Dealer to conduct an audit shall not be a waiver or negatively affect any rights either the Wherible or Authorized Dealer may have under this Agreement. This audit right shall not apply to individual retail customers.

Appears in 2 contracts

Sources: Terms of Service and License Agreement, Terms of Service and License Agreement