1. Usage Reporting Terms

We will use automatic usage logging within Microsoft Azure and Kdb Insights Enterprise (the “Licensed Software”) to automatically generate usage reports of system size RAM measured in Gigabytes (GiB) (“RAM Capacity”) and also the volume, in Gigabytes (GiB), of uncompressed data which is ingested and persisted to Licensed Software (“Data Ingest & Stored”).

The Licensed Software licensing metric is RAM Capacity. Data Ingest & Stored is subject to the fair usage policy as detailed below.

You will provide us with any other information and technical reports reasonably requested by us to verify the automatically generated usage report (such as third party public cloud infrastructure billing statements and/or tooling developed to assist you in estimating your usage).

We will provide you with a copy of such usage reports on a monthly basis commencing on the date you are given access to Licensed Software and the usage report will be deemed accepted by you if you do not dispute it, with reasonable grounds and supporting evidence, within a period of 14 days from delivery to you of such usage report.

2. KX Calculations

We will calculate the Average Daily Peak RAM Capacity on each day over the relevant month covered by the usage report (“Report Period”) as follows:

• Average Daily Peak RAM Capacity (across all nodes) shall be calculated by taking the average of the five (5) peak daily rates of RAM Capacity during the Report Period; and
  for the purposes of the fair usage policy below, Data Ingest & Stored will be calculated as follows:
• Data Ingest & Stored shall be calculated as the aggregate of the Data Ingest & Stored during the Report Period.

3. Kdb Insights Enterprise Usage Review Policy

We shall review the usage reports for each Report Period each month. In the event that those usage reports reveal that the Average Daily Peak RAM Capacity has exceeded the level for which you are licensed for two (2) consecutive months, we will notify you and present the following options:

1. Remediate: Do not increase committed license amounts and remediate to the level of RAM Capacity for which you are licensed. You must confirm in writing to us that this has been done; or
2. Expand: purchase additional levels of RAM Capacity by way of an additional order (that shall be effective from the end of the relevant report period (i.e. the second consecutive month where you have exceeded) and for the remainder of your Subscription Term).

If you choose to remediate, but then in any subsequent Report Period your usage exceeds the usage metrics for which you are licensed, an automatic charge will apply based on the then current on-demand rate detailed on the Plans and Pricing Page.

4. Kdb Insights Enterprise Data Ingest & Stored Fair Usage Policy

The monthly Data Ingest & Stored should not be more than 50 times the licensed RAM Capacity for any given month. If this occurs, you will enter discussions with KX about alternative price plans for your use of Licensed Software. For example, if the customer licenses 1,000 GiB, the fair usage limit would be 50TiB for that month.