Common use of Lines of Code License Clause in Contracts

Lines of Code License. Licensed Software provided under the Lines of Code license option requires, as a condition of use, that Licensee use a usage counter containing a credit for the number of lines of code that Licensee has purchased (“Usage Counter”). Licensee shall have sole responsibility for installing, configuring, and administering the Usage Counter. The Usage Counter will allow Licensee to create metering control files in order to track the number of lines of code which Licensee has purchased and which Licensee accesses. Licensee hereby acknowledges and agrees that unless Licensee can demonstrate to Licensor’s satisfaction that the Usage Counter was faulty on delivery to Licensee, Licensee is solely responsible for any lost, damaged, corrupted, destroyed, inaccurate or improperly used metering control files or metering transaction files, and in any such circumstance, may be subject to an additional license fee on a line of code basis for lines of code which may have been already accessed and recorded using the Usage Counter. Each line of code which Licensee has accessed using the Licensed Software and which has been properly recorded using the Usage Counter may be re-accessed without the need to pay an additional license fee. However, if Licensee creates an additional line of code by updating a line of code source member which has already been accessed and metered by the Licensed Software, then Licensee may be subject to an additional license fee to access such additional line of code using the Licensed Software. Upon exhaustion of prepaid license fees, however, Licensee must purchase more lines of code in order to continue to use the Licensed Software on lines of code not yet accessed by the Licensed Software and properly recorded using the Usage Counter. Except for the termination rights provided in the FAR, any prepaid license fees are non-cancellable and non- refundable.

Lines of Code License. Licensed Micro Focus Software provided under the Lines of Code license option requires, as a condition of use, that Licensee use a usage counter containing a credit for the number of lines of code that Licensee has purchased (“Usage Counter”). Licensee shall have sole responsibility for installing, configuring, and administering the Usage Counter. The Usage Counter will allow Licensee to create metering control files in order to track the number of lines of code which Licensee has purchased and which Licensee accesses. Licensee hereby acknowledges and agrees that unless Licensee can demonstrate to Licensor’s Micro Focus’ satisfaction that the Usage Counter was faulty on delivery to Licensee, Licensee is solely responsible for any lost, damaged, corrupted, destroyed, inaccurate or improperly used metering control files or metering transaction files, and in any such circumstance, may be subject required to pay an additional license fee on a line of code basis for lines of code which may have been already accessed and recorded using the Usage Counter. Each line of code which Licensee has accessed using the Licensed Micro Focus Software and which has been properly recorded using the Usage Counter may be re-accessed without the need to pay an additional license fee. However, if Licensee creates an additional line of code by updating a line of code source member which has already been accessed and metered by the Licensed Micro Focus Software, then Licensee may be subject will need to pay an additional license fee to access such additional line of code using the Licensed Micro Focus Software. Upon exhaustion of prepaid license fees, however, Licensee must purchase more lines of code in order to continue to use the Licensed Micro Focus Software on lines of code not yet accessed by the Licensed Micro Focus Software and properly recorded using the Usage Counter. Except for the termination rights provided in the FAR, any Any prepaid license fees are non-cancellable and non- non-refundable.