Common use of Backward Compatibility Clause in Contracts

Backward Compatibility. (a) During the period beginning on the Effective Date and ending on the fifteenth (15th) anniversary of the Original Effective Date, to the extent that: (i) TSI makes a generally commercially available release (a “GA” release) of a version of TSI’s Rendezvous product that is not backward compatible with the immediately preceding GA version of Rendezvous; (ii) TSI replaces the TSI Product known as “Rendezvous” with another TSI Product as TSI’s flagship messaging product (the “Non-RV Flagship Product”) and the Non-RV Flagship Product does not constitute a successor product to Rendezvous (as described in Section 3.2), and such Non-RV Flagship Product is not backward compatible with the then-current GA version of Rendezvous as of the date of GA release of such Non-RV Flagship Product; or (iii) TSI makes successive GA release of a version of the Non-RV Flagship Product that is not backward compatible with the immediately preceding GA version of such Non-RV Flagship Product, then upon written notice from Reuters identifying with specificity such failure of backward compatibility and specifically referencing this Section 3.4 of this Agreement (the “BC Notice”), TSI shall use commercially reasonable efforts to enable backward compatibility between such products (whether by provision of a patch, a software tool or other mechanism) and provide such mechanism to Reuters as soon as commercially practicable. If TSI has not provided such mechanism for backward compatibility within ninety (90) days of the date of the BC Notice, then Reuters shall have the right, at any time prior to TSI providing such mechanism to Reuters (but no more than six (6) months from the date of the BC Notice), to request those portions of the Source Code for such non-backward compatible product that are necessary to enable backward compatibility, if Reuters does not already have possession of such Source Code, by written notice to TSI requesting such Source Code and specifically referencing this Section 3.4 of this Agreement. Upon receipt of such written notice, TSI shall promptly provide such Source Code to Reuters, and Reuters shall have the right to use such Source Code solely for the purpose of enabling such backward compatibility as described above, and subject to the restrictions set forth in subsection (b) below. Reuters shall have up to 12 months from the date of the BC Notice to attempt to correct the identified backward compatibility problem. For purposes of this Section 3.4, “backward compatibility” means that an application (in object code form) using only TSI supported interfaces into which the immediately preceding version of a product has been Embedded will function in all material respects in the same manner, without any re-linking or re-compiling being required, with the next version of that same product when that next version of that product is Embedded in the object code form of the relevant application.