Common use of Monthly Usage Fees Clause in Contracts

Monthly Usage Fees. During the Term of this Agreement and on a monthly basis, Portworx will charge or invoice Licensee a Monthly Usage Fee as defined hereafter. “Monthly Usage Fee” is the greater of the monthly minimum commitment (“Monthly Minimum”) or the hourly usage of Software in accordance with pricing provided by Portworx at ▇▇▇▇▇://▇▇▇▇▇▇▇▇.▇▇▇/products/features/. For the avoidance of doubt, each calendar month Licensee will owe at minimum, the Monthly Minimum fee, regardless if hourly usage was below the Monthly Minimum. For the first month of the Software, the Monthly Minimum will be prorated to cover the remaining days of the first month. For example, Portworx will charge 50% of the Monthly Minimum if Licensee starts the Software subscription on the 15th day of a calendar month in a 30-day month in addition to any hourly usage that exceeds such Monthly Minimum. On the first day of the calendar month after the initial pay-as-you-go Software month and each month renewed thereafter, Portworx will charge the full Monthly Usage Fee on a monthly basis. In addition, each calendar month’s hourly usage will not rollover to the next calendar month. For example, if in Month 1 the hourly usage exceeded the Monthly Minimum by 600 hours and in Month 2 Licensee did not use the entire Monthly Minimum by 500 hours, Licensee may not apply Month 1’s 600 hours to meet Month 2’s Monthly Minimum.

Appears in 2 contracts

Sources: End User License Agreement, End User License Agreement