Common use of Maintenance and Support Clause in Contracts

Maintenance and Support. 10.1 Maintenance and Support services are included under all project licenses, division licenses, and global licenses. For all Retail Licenses and other non-subscription licenses, Maintenance and Support services subscriptions are available from Syncfusion for an additional charge. Maintenance and Support services subscriptions are provided in accordance with the terms of Syncfusion’s then-current support and maintenance policies. A current version of those policies is available from Syncfusion upon request. In the event that Customer declines to purchase and initiate Maintenance and Support services subscriptions at the time of installation of the Licensed Program, or in the event that Customer allows Maintenance and Support service coverage to lapse for any period of time, Customer agrees that (i) Maintenance and Support service fees will be due, upon the resumption of Maintenance and Support services, for any period during which Customer previously declined to purchase Maintenance and Support services; and (ii) Customer must pay an upgrade fee to update the Licensed Program(s) to the then-latest version. Failure to maintain a Maintenance and Support services subscription will limit Customer’s right to use the Licensed Programs to create and re-distribute modified binaries for Customer’s product(s) as set forth in Section 4.2(f). 10.2 Syncfusion requires that each copy of the Licensed Program be assigned to an individual End-User for the purpose of efficiently providing Maintenance and Support services. Accordingly, Customer acknowledges and agrees that it will be required to provide information to Syncfusion that Syncfusion reasonably requests to identify each individual End-User in order for Syncfusion to provide such Maintenance and Support services under a Maintenance and Support services subscription. 10.3 In certain instances, Customer may have properly obtained Retail Licenses rather than a site license or an enterprise license, but subsequent to the procurement of such Retail Licenses, Customer’s actual use of the Licensed Programs may increase to the extent that a project license, site license, division license, or a global license is more appropriate. Accordingly, Syncfusion reserves the right to make a determination as to whether or not the provision of a Maintenance and Support services subscription for existing Retail Licenses continues to be appropriate under the circumstances applicable to any given Customer, and reserves the right, in its sole discretion, to require a given Customer to procure a project license, site license, division license, or global license for the continuation of such Maintenance and Support services subscriptions for such previously procured Retail Licenses. For the avoidance of doubt, Syncfusion reserves the right to refuse to renew any given Maintenance and Support services subscription at its sole discretion. 10.4 Syncfusion reserves the right, in its sole discretion, to limit or suspend the provision of services under a Maintenance and Support services subscription in the event that Syncfusion determines that Customer is abusing its Maintenance and Support services subscription. Examples of such abuse include, but are not limited to, (i) Customer personnel making excessive use of Syncfusion support resources, (ii) Customer personnel making unreasonable demands of Syncfusion support personnel, (iii) Customer maintaining a number of Maintenance and Support services subscriptions that is fewer than the number of Licensed Products originally licensed or that is currently in use by Customer’s personnel, or (iv) Customer maintaining only a single or small number of valid Retail License(s) for a given Licensed Product while allowing multiple End-Users to share fixes and support services obtained by other End- Users. 10.5 Maintenance and Support services are provided to Customer only, and a Maintenance and Support services subscription is valid only between Customer and Syncfusion. Accordingly, all help tickets, or route maintenance and support requests, must be submitted by Customer and may not be submitted by any third party on behalf of Customer. This prohibition against the use of third parties includes, but is not limited to, (i) Customer’s use of a third party to submit help tickets on Customer’s behalf, (ii) Customer submitting a help ticket on behalf of a third party, (iii) Customer using a third party to submit a request for support. Further, Customer cannot use any third party to provide maintenance, support, or updates to the Licensed Product or any Customer product or other software application that incorporates the Licensed Product; all Maintenance and Support services must be obtained directly from, and only from, Syncfusion. Customer acknowledges that any breach of this Section 10.5 will constitute a material breach of this Agreement and will result in an immediate termination of the license granted hereunder.

Appears in 16 contracts

Samples: Software License Agreement, Software License Agreement, Software License Agreement

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Maintenance and Support. 10.1 Maintenance and Support services are included under all project licenses, division licenses, and global licenses. For all Retail Licenses and other non-subscription licenses, Maintenance and Support services subscriptions are available from Syncfusion for an additional charge. Maintenance and Support services subscriptions are provided in accordance with the terms of Syncfusion’s then-then- current support and maintenance policies. A current version of those policies is available from Syncfusion upon request. In the event that Customer declines to purchase and initiate Maintenance and Support services subscriptions at the time of installation of the Licensed Program, or in the event that Customer allows Maintenance and Support service coverage to lapse for any period of time, Customer agrees that that: (i) Maintenance and Support service fees will be due, upon the resumption of Maintenance and Support services, for any period during which Customer previously declined to purchase Maintenance and Support services; and or (ii) Customer must pay an upgrade fee to update the Licensed Program(s) to the then-latest version. Failure to maintain a Maintenance and Support services subscription will limit Customer’s right to use the Licensed Programs to create and re-distribute modified binaries for Customer’s product(s) as set forth in Section 4.2(f). 10.2 Syncfusion requires that each copy of the Licensed Program be assigned to an individual Endend-User user for the purpose of efficiently providing Maintenance and Support services. Accordingly, Customer acknowledges and agrees that it will be required to provide information to Syncfusion that Syncfusion it reasonably requests to identify each individual Endend-User user in order for Syncfusion to provide such Maintenance suchMaintenance and Support services under a Maintenance and Support services subscription. No internal transfer of any copies of the Licensed Program from one individual end-user to another is permitted once Customer’s Maintenance and Support services subscription lapses. 10.3 In certain instances, Customer may have properly obtained Retail Licenses rather than a site license or an enterprise license, but subsequent to the procurement of such Retail Licenses, Customer’s actual use of the Licensed Programs may increase to the extent that a project license, site license, division license, license or a global an enterprise license is more appropriate. Accordingly, Syncfusion reserves the right to make a determination as to whether or not the provision of a Maintenance and Support services subscription for existing Retail Licenses continues to be appropriate under the circumstances applicable to any given Customer, and reserves the right, in its sole discretion, to require a given Customer to procure a project license, site license, division license, license or global enterprise license for the continuation of such Maintenance and Support services subscriptions for such previously procured Retail Licenses. For the avoidance of doubt, Syncfusion reserves the right to refuse to renew any given Maintenance and Support services subscription at in its sole discretion. 10.4 Syncfusion reserves the right, in its sole discretion, to limit or suspend the provision of services under a Maintenance and Support services subscription in the event that Syncfusion determines that Customer is abusing its Maintenance and Support services subscription. Examples of such abuse include, but are not limited to, (i) Customer personnel making excessive use of Syncfusion support resources, (ii) Customer personnel making unreasonable demands of Syncfusion support personnel, (iii) Customer maintaining a number of Maintenance and Support services subscriptions that is fewer than the number of Licensed Products originally licensed or that is currently in use by Customer’s personnel, or (iv) Customer maintaining only a single or small number of few valid Retail License(slicense(s) for a given Licensed Product while allowing multiple Endend-Users users to share fixes and support services obtained by other End- Usersend-users. 10.5 Maintenance and Support services are provided to Customer only, and a Maintenance and Support services subscription is valid only between Customer and Syncfusion. Accordingly, all help tickets, or route maintenance and support requests, must be submitted by Customer and may not be submitted by any third party on behalf of Customer. This prohibition against the use of third parties includes, but is not limited to, (i) Customer’s use of a third party to submit help tickets on Customer’s behalf, (ii) Customer submitting a help ticket on behalf of a third party, (iii) Customer using a third party to submit a request for support. Further, Customer cannot use any third party to provide maintenance, support, or updates to the Licensed Product or any Customer product or other software application that incorporates the Licensed Product; all Maintenance and Support services must be obtained directly from, and only from, Syncfusion. Customer acknowledges that any breach of this Section 10.5 will constitute a material breach of this Agreement and will result in an immediate termination of the license granted hereunder.

Appears in 1 contract

Samples: Software License Agreement

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Maintenance and Support. 10.1 Maintenance and Support services are included under all project licenses, division licenses, and global annual subscription licenses. For all Retail Licenses retail licenses and other non-subscription licenses, Maintenance and Support services subscriptions are available from Syncfusion for an additional charge. Maintenance and Support services subscriptions are provided in accordance with the terms of Syncfusion’s then-current support and maintenance policies. A current version of those policies is available from Syncfusion upon request. In the event that Customer declines to purchase and initiate Maintenance and Support services subscriptions at the time of installation of the Licensed Program, or in the event that Customer allows Maintenance and Support service coverage to lapse for any period of time, Customer agrees that that: (i) Maintenance and Support service fees will be due, upon the resumption of Maintenance and Support services, for any period during which Customer previously declined to purchase Maintenance and Support services; and (ii) Customer must pay an upgrade fee to update the Licensed Program(s) to the then-latest version. Failure to maintain a Maintenance and Support services subscription will limit Customer’s right to use the Licensed Programs to create and re-distribute modified binaries for Customer’s product(s) as set forth in Section 4.2(f). 10.2 Syncfusion requires that each copy of the Licensed Program be assigned to an individual End-User for the purpose of efficiently providing Maintenance and Support services. Accordingly, Customer acknowledges and agrees that it will be required to provide information to Syncfusion that Syncfusion reasonably requests to identify each individual End-User in order for Syncfusion to provide such Maintenance and Support services under a Maintenance and Support services subscription. 10.3 In certain instances, Customer may have properly obtained Retail Licenses rather than a site license or an enterprise license, but subsequent to the procurement of such Retail Licenses, Customer’s actual use of the Licensed Programs may increase to the extent that a project license, site license, division license, or a global license is more appropriate. Accordingly, Syncfusion reserves the right to make a determination as to whether or not the provision of a Maintenance and Support services subscription for existing Retail Licenses continues to be appropriate under the circumstances applicable to any given Customer, and reserves the right, in its sole discretion, to require a given Customer to procure a project license, site license, division license, or global license for the continuation of such Maintenance and Support services subscriptions for such previously procured Retail Licenses. For the avoidance of doubt, Syncfusion reserves the right to refuse to renew any given Maintenance and Support services subscription at in its sole discretion. 10.4 Syncfusion reserves the right, in its sole discretion, to limit or suspend the provision of services under a Maintenance and Support services subscription in the event that Syncfusion determines that Customer is abusing its Maintenance and Support services subscription. Examples of such abuse include, but are not limited to, (i) Customer personnel making excessive use of Syncfusion support resources, (ii) Customer personnel making unreasonable demands of Syncfusion support personnel, (iii) Customer maintaining a number of Maintenance and Support services subscriptions that is fewer than the number of Licensed Products originally licensed or that is currently in use by Customer’s personnel, or (iv) Customer maintaining only a single or small number of valid Retail License(sretail license(s) for a given Licensed Product while allowing multiple End-Users to share fixes and support services obtained by other End- Users. 10.5 Maintenance and Support services are provided to Customer only, and a Maintenance and Support services subscription is valid only between Customer and Syncfusion. Accordingly, all help tickets, or route maintenance and support requests, must be submitted by Customer and may not be submitted by any third party on behalf of Customer. This prohibition against the use of third parties includes, but is not limited to, (i) Customer’s use of a third party to submit help tickets on Customer’s behalf, (ii) Customer submitting a help ticket on behalf of a third party, (iii) Customer using a third party to submit a request for support. Further, Customer cannot use any third party to provide maintenance, support, or updates to to, the Licensed Product or any Customer product or other software application that incorporates the Licensed Product; all Maintenance and Support services must be obtained directly from, and only from, Syncfusion. Customer acknowledges that any breach of this Section 10.5 will constitute a material breach of this Agreement and will result in an immediate termination of the license granted hereunder.

Appears in 1 contract

Samples: Software License Agreement

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