5.1.Fees. In consideration of the rights and privileges granted hereunder, Licensee will pay Viablegrid all licensee fee(s) applicable to Licensee’s use of the SDK, Licensed Software and Licensed Materials under this Agreement (“License Fees”). Before downloading the SDK, you will have an opportunity to review and accept the fees that will be charged. All fees are in U.S. dollars and are non-refundable. Viablegrid may change the License Fees for future Subscription Terms on a going-forward basis by sending notice to the email address associated with Licensee’s account at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Viablegrid will make reasonable efforts to keep pricing information published on the website up to date.
5.2.Authorization. Licensee authorizes Viablegrid to charge all License Fees to the payment method specified in Licensee’s account. If Licensee pays any fees with a credit card, Viablegrid or its payment processor may seek pre-authorization of the credit card account prior to Licensee’s purchase to verify that the credit card is valid and has the necessary funds or credit available to cover Licensee’s purchase.
5.3.Usage Limitations. Licensee acknowledges and agrees that the License Fees are based on the Usage Limitations and Subscription Term specified at checkout. Viablegrid reserves the right to de-activate the Licensed Software or use other technological mechanisms to enforce such Usage Limitations in its sole discretion, with or without notice to Licensee. Calculation of any usage-based License Fees will be solely based on Viablegrid’ measurements of Licensee’s use of the Licensed Software, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of Viablegrid.
5.4.Payment Terms. Unless otherwise stated, all one-time License Fees are due at the time of purchase, and all usage-based or recurring fees will be charged on a monthly basis. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Viablegrid reserves the right to suspend or terminate Licensee’s account, and terminate the license granted under this Agreement, for any accounts for which any amount is due but unpaid. In addition to License Fees, such accounts will be charged with fees or charges that are incidental to any chargebacks or collection of any such unpaid amounts including collection fees. 5.5.Taxes. All payments under this Agreement will be made without reduction for any and all taxes, duties or levies assessed by applicable governmental authorities, which will be paid by Licensee. In addition, Licensee will be responsible for and will pay any sales, use, value added and similar transaction taxes and customs duties paid or payable, however designated, levied, or based on amounts payable to Licensee hereunder. Licensee will not be responsible for paying any federal, state, local or other taxes based on Viablegrid’s net income.