Software Changes. 12.1 Software Upgrades will be provided by Seller at no charge to Buyer during the Software Warranty Period. 12.2 Software Enhancement license fees shall be quoted by Seller at Buyer's request and assume that Buyer's System is operating on Software at the same level of maintainability as set forth in Section 12.4. Otherwise, retrofitting features from a new Software Release onto Buyer's System shall be considered and quoted by Seller on a case-by-case basis. Additionally, future Hardware purchases may require the support of a then-current Software Release. Buyer acknowledges that any Software Enhancement may require the purchase of additional Hardware by Buyer. 12.3 In the event the Seller at any time issues a Software Upgrade which is combined with any Software Enhancement (collectively the "Software Combined Release") to such Software, the Software Combined Release will be quoted by Seller at Buyer's request. 12.4 If Buyer elects to remain on a prior Software Release, Seller's sole obligation hereunder shall be to make available maintenance for the Software for the previous two consecutive releases from the then-current, Seller-numbered release (i.e., numbered Software Release). 12.5 Buyer further acknowledges that the proper operation of the Equipment and/or the availability of certain Optional Features is dependent upon having the appropriate Software Release installed, as applicable, to the Switch, BSC and/or BTS Equipment.
Appears in 4 contracts
Samples: Additional Affiliate Supply Agreement (Ipcs Equipment Inc), Additional Affiliate Agreement (Alamosa PCS Holdings Inc), Additional Affiliate Supply Agreement (Ipcs Equipment Inc)
