Common use of Product or Service Re Clause in Contracts

Product or Service Re. Bundling In the event that Contractor is the Product manufacturer and publicly announces to all U.S. customers (“date of notice”) that a Product or maintenance or technical support offering is being re-bundled in a different manner from the structure or licensing model of the prior U.S. commercial offering, Contractor shall be required to: (i) notify the State and each Authorized User in writing of the intended change; (ii) continue to provide Product or withdrawn support upon the same terms and conditions as previously offered on the then-current NYS Contract for the greater of: a) the best terms offered by Contractor to any other customer, or b) not less than twelve (12) months from the date of notice; and (iii) shall submit the proposed rebundling change to the Commissioner for approval prior to its becoming effective for the remainder of the Contract term. The provisions of this section do not apply if the Contractor is not the Product manufacturer. term and shall certify annually that the escrow remains in effect in compliance with the terms of this clause. Nothing herein shall prevent an Authorized User from requesting Source Code or Source Code Escrow in any RFQ, when Source Code or Source Code Escrow is not offered by either Contractor or Product manufacturer or developer to any other commercial customers. Contractor shall follow the Contract Modification procedures of the Contract to add any pricing for Source Code or Source Code Escrow not offered by either Contractor or Product manufacturer or developer to any other commercial customers. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product.

Product or Service Re. Bundling In the event that Contractor is the Product manufacturer and publicly announces to all U.S. customers (“date of notice”) that a Product or maintenance or technical support offering is being re-bundled in a different manner from the structure or licensing model of the prior U.S. commercial offering, Contractor shall be required to: (i) notify the State and each Authorized User in writing of the intended change; (ii) continue to provide Product or withdrawn support upon the same terms and conditions as previously offered on the then-current NYS Contract for the greater of: a) the best terms offered by Contractor to any other customer, or b) not less than twelve (12) months from the date of notice; and (iii) shall submit the proposed rebundling change to the Commissioner for approval prior to its becoming effective for the remainder of the Contract term. The provisions of this section do not apply if the Contractor is not the Product manufacturer. term and shall certify annually that the escrow remains in effect in compliance with the terms of this clause. Nothing herein shall prevent an Authorized User from requesting Source Code or Source Code Escrow in any RFQ, when Source Code or Source Code Escrow is not offered by either Contractor or Product manufacturer or developer to any other commercial customers. Contractor shall follow the Contract Modification procedures of the Contract to add any pricing for Source Code or Source Code Escrow not offered by either Contractor or Product manufacturer or developer to any other commercial customers. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product.