Licensed Software Upgrades And Enhancements; New Technology Sample Clauses

Licensed Software Upgrades And Enhancements; New Technology a. MTS may, from time to time, in its sole discretion, modify, upgrade or enhance any version(s) of the Licensed Software for the purpose of allowing the OnDemand System to perform new or substantially different functions, to increase the capacity of the Licensed Software to process information, or any other reason deemed necessary or appropriate by MTS (each such modified, upgraded or enhanced version, a “Release”). Any Release that MTS makes generally available to all MTS end users will be made available at the same time to Customer (i) at no additional cost to Customer during the Initial Maintenance Term and any Renewal Maintenance Term (as defined in Section 4(a)) that, pursuant to Section 3(a), Customer is paying an annual maintenance fee or (ii) for a commercially reasonable fee during any Renewal Maintenance Term that Customer, pursuant to Section 3(a), is paying for maintenance on a time and materials basis. In addition, MTS may introduce other new technology with substantially new functionality (each such new technology or new functionality an “Improvement”), and Customer as well as MTS’s other customers will, for a commercially reasonable fee, have the option to purchase or license such Improvement. (An example of such new technology could include a vision identification system.) b. Any Release or Improvement, when delivered, shall become part of the Licensed Software or Licensed Technology (as applicable), shall be maintained in accordance with this Addendum B, and shall otherwise be subject to all of the terms of the Agreement. c. MTS will continue to provide maintenance services on Customer’s current Release of the Licensed Software should Customer elect not to purchase an Improvement as long as such Improvement is not required by MTS to be purchased because of changes in technology that affect MTS’s ability to provide maintenance services for the OnDemand System. (For example, if a database provider went out of business or stopped supporting the current version of database software and MTS selected a new database provider that required an update to hardware and software licenses and additional software, MTS would require Customer to pay the cost of such Improvement in order to continue to provide maintenance service for the OnDemand System. d. In order to satisfy any obligation hereunder, MTS may, with Customer’s agreement, send Customer a single copy in magnetic form of any modification, upgrade, enhancement, error correction, bug fix or Rel...
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Related to Licensed Software Upgrades And Enhancements; New Technology

  • Licensed Software Computer program(s) provided by Contractor in connection with the Deliverables, subject to Section 14 of this Contract.

  • Technology Upgrades Notwithstanding any other provision of this Agreement, Verizon shall have the right to deploy, upgrade, migrate and maintain its network at its discretion. The Parties acknowledge that Verizon, at its election, may deploy fiber throughout its network and that such fiber deployment may inhibit or facilitate PNG’s ability to provide service using certain technologies. Nothing in this Agreement shall limit Verizon's ability to modify its network through the incorporation of new equipment or software or otherwise. PNG shall be solely responsible for the cost and activities associated with accommodating such changes in its own network.

  • Software Upgrades All Software Releases (including all Error corrections made available pursuant to this Agreement) that RSA in its sole discretion: (a) deems to be logical improvements to the Software; (b) make generally available to all licensees of the Software; and (c) does not separately price or market.

  • Software Updates XXXXX agrees to keep current with software licensed from Skyward and will install new versions on a timeline approved by XXXXX governance. This timeline will be communicated by NWRDC to the Districts.

  • Hardware and Software In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by Credit Union from time to time. Credit Union is not responsible for any third party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.

  • Equipment and Software To use the Mobile Remote Deposit Services, you must obtain and maintain at your expense, compatible equipment and software that we may specify from time to time.

  • Licensed Materials The materials that are the subject of this Agreement are set forth in Appendix A ("Licensed Materials").

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  • Licensed Technology (a) LICENSOR is not aware of any interference, infringement, misappropriation, or other conflict with any intellectual property rights of third parties, and LICENSOR has never received any charge, complaint, claim, demand, or notice alleging any such interference, infringement, misappropriation, or violation (including any claim that LICENSOR must license or refrain from using any intellectual property rights of any third party). To the knowledge of LICENSOR, no third party has interfered with, infringed upon, misappropriated, or otherwise come into conflict with any of the LICENSED TECHNOLOGY. (b) Exhibit A identifies each patent or registration which has been issued to LICENSOR with respect to any of the LICENSED TECHNOLOGY and identifies each pending patent application or application for registration which LICENSOR has made with respect to any of the LICENSED TECHNOLOGY. LICENSEE acknowledges that LICENSOR has previously made available to LICENSEE correct and complete copies of all such patents, registrations and applications (as amended to-date) in LICENSOR’s possession and has made available to LICENSEE correct and complete copies of all other written documentation in LICENSOR’s possession evidencing ownership and prosecution (if applicable) of each such item. (c) Exhibit A identifies each item of LICENSED TECHNOLOGY that is assigned to LICENSOR or that LICENSOR uses pursuant to license, sublicense, agreement, or permission. LICENSOR has made available to LICENSEE correct and complete copies of all such licenses, sublicenses, agreements, patent prosecution files and permissions (as amended to-date) in LICENSOR’s possession. With respect to each item of LICENSED TECHNOLOGY required to be identified in Exhibit A and to the knowledge of LICENSOR: (i) the license, sublicense, agreement, or permission covering the item is legal, valid, binding, enforceable, and in full force and effect; (ii) the license, sublicense, agreement, or permission will continue to be legal, valid, binding, enforceable, and in full force and effect on identical terms following the consummation of the transactions contemplated hereby; (iii) no Party to the license, sublicense, agreement, or permission is in breach or default, and no event has occurred which with notice or lapse of time would constitute a breach or default or permit termination, modification, or acceleration thereunder; (iv) no party to the license, sublicense, agreement, or permission has repudiated any provision thereof; (v) the underlying item of LICENSED TECHNOLOGY is not subject to any outstanding lien or encumbrance, injunction, judgment, order, decree, ruling, or charge; (vi) no action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand is pending or is threatened which challenges the legality, validity, or enforceability of the underlying item of LICENSED TECHNOLOGY; and (vii) except as provided in Exhibit A, LICENSOR has not granted any license or similar right to the LICENSED TECHNOLOGY within the GENERAL FIELD or PARTHENOGENESIS FIELD.

  • New Technology When new or updated technology is introduced into a workplace, it will be the responsibility of the employer to provide appropriate and, if necessary, ongoing training to the employees directly affected. Such training will include any health and safety implications or information that will enable employees to operate the equipment without discomfort and will help maintain their general well-being.

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