Common use of Acceptance of Release Clause in Contracts

Acceptance of Release. (a) Subject to clause 4.2(b), the Customer is not obliged to accept or install a Release. (b) As the Customer is using Enterprise Software: (i) The Customer must accept and install at least the number of Releases per calendar year set out in Schedule A. (ii) Where indicated in Schedule A, installation of any Major Version must be by way of an Assisted Upgrade. (c) If the Customer elects not to accept or install a new Release: (i) Deswik will not be liable for any loss or damage that the Customer suffers as a result of any Defects in the Software which are remedied by the Release; (ii) the Customer acknowledges that Deswik may not be able to adequately support or remedy the Customer’s issues; and (iii) the Customer acknowledges that support is only provided on the Releases specified in Schedule A. (d) If the Customer accepts a Release (by downloading and installing it): (i) this Agreement will continue to apply in all respects to the Release; and (ii) the Customer will delete all copies of the Software or part of the Software which have been superseded by the Release or otherwise deal with all copies in accordance with Deswik's reasonable directions.

Appears in 5 contracts

Samples: Software Support and Maintenance Agreement, Software Support and Maintenance Agreement, Software Support and Maintenance Agreement

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Acceptance of Release. (a) Subject to clause 4.2(b4.2(c), the Customer is not obliged to accept or install a Release. (b) As If the Customer is using Enterprise Software: (i) The Customer must accept and install at least the number of Releases per calendar year set out in Schedule A. (ii) Where indicated in Schedule A, installation of any Major Version must be by way of an Assisted Upgrade. (c) If the Customer elects not to accept or install a new Release: (i) Deswik will not be liable for any loss or damage that the Customer suffers as a result of any Defects in the Software which are remedied by the Release; (ii) the Customer acknowledges that Deswik may not be able to adequately support or remedy the Customer’s issues; and (iii) the Customer acknowledges that support is only provided on the Releases specified in Schedule A. (d) If the Customer accepts a Release (by downloading and installing it): (i) this Agreement will continue to apply in all respects to the Release; and (ii) the Customer will delete all copies of the Software or part of the Software which have been superseded by the Release or otherwise deal with all copies in accordance with Deswik's reasonable directions.

Appears in 2 contracts

Samples: Software Support and Maintenance Agreement, Software Support and Maintenance Agreement

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Acceptance of Release. (a) Subject to clause 4.2(b4.2(c), the Customer is not obliged to accept or install a Release. (b) As the Customer is using Enterprise Software: (i) The Customer must accept and install at least the number of Releases per calendar year set out in Schedule A. (ii) Where indicated in Schedule A, installation of any Major Version must be by way of an Assisted Upgrade. (c) If the Customer elects not to accept or install a new Release: (i) Deswik will not be liable for any loss or damage that the Customer suffers as a result of any Defects in the Software which are remedied by the Release; (ii) the Customer acknowledges that Deswik may not be able to adequately support or remedy the Customer’s issues; and (iii) the Customer acknowledges that support is only provided on the Releases specified in Schedule A. (d) If the Customer accepts a Release (by downloading and installing it): (i) this Agreement will continue to apply in all respects to the Release; and (ii) the Customer will delete all copies of the Software or part of the Software which have been superseded by the Release or otherwise deal with all copies in accordance with Deswik's reasonable directions.

Appears in 1 contract

Samples: Software Support and Maintenance Agreement

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