Software Evolution Sample Clauses

Software Evolution. Should Supplier or Software Publisher merge or splinter the System Software previously provided to any Authorized User, such action on the part of Supplier or Software Publisher shall not in any way result in any Authorized User being charged additional license or support fees in order to receive enhancements, releases, upgrades or support for the System Software. If Supplier or Software Publisher reduces or replaces functionality contained in a licensed System Software product and provides the same or substantially similar functionality as or within a separate or renamed System Software product, then the Commonwealth or the Authorized User will be entitled to license such System Software product at no additional license or maintenance fee, and subject to the terms and conditions herein. If Supplier or Software Publisher releases an option, future System Software product or other release that has substantially the same functionality as the Software products provided under this Contract, and Software Publisher and/or Supplier ceases to provide maintenance for the older System Software product, then Supplier shall offer the Commonwealth or the Authorized User the option to exchange licenses for such replacement System Software product or function at no additional charge.
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Software Evolution. In the event that Supplier or Software Publisher merge or splinter the Software previously provided to VDSS, Supplier shall not charge VDSS additional support fees in order to receive enhancements, releases, upgrades, or support for the Software. If Supplier or Software Publisher reduces or replaces functionality contained in a licensed Software product and provides the same or substantially similar functionality as or within a separate or renamed Software product, then the Commonwealth or VDSS will be entitled to license such Software product at no additional license or maintenance fee, and subject to the terms and conditions in this Contract. If Supplier or Software Publisher releases an option, future Software product, or other release that has substantially the same functionality as the Software products provided under this Contract, and the Software Publisher, or Supplier, or both, ceases to provide Maintenance Services for the older Software product, then Supplier shall offer the Commonwealth or VDSS the option to exchange licenses for such replacement Software product or function at no additional charge. Escalation Procedures [To be provided by Supplier.] Solution Remedies If the Solution or any Component fails to conform in all material respects, VDSS shall provide written notification of the failure to Supplier. If Supplier is unable to make the Solution or any Component conform within 30 calendar days of receiving VDSS’s notice, Supplier shall, at VDSS’s request, accept return of the tangible Solution Components. If the failure of the Solution or any Components occurs during the Warranty Period, Supplier shall return all monies paid by VDSS for the returned Solution Components and Documentation in the following if the failure occurs during the Warranty Period. If the failure of the Solution or any Components occurs during any subsequent MCP, Supplier shall return all monies paid by VDSS for the returned Solution Components and Documentation, pro-rated using the straight-line method for an estimated Solution life cycle of seven (7) years. VDSS shall discontinue use of any Solution Component Software or product. Solution Support Services and Renewal Options Sixty (60) calendar days prior to the expiration of the Warranty Period, Supplier shall notify VDSS in writing of such expiration. VDSS may, at its sole discretion, order from Supplier Solution Maintenance Services including new Software releases, updates and upgrades. The MCP will be for a peri...
Software Evolution. In the event that Supplier or Software Publisher merge or splinter the Software previously provided to DMAS, Supplier shall not charge DMAS additional support fees in order to receive enhancements, releases, upgrades, or support for the Software. If Supplier or Software Publisher reduces or replaces functionality contained in a licensed Software product and provides the same or substantially similar functionality as or within a separate or renamed Software product, then the Commonwealth or DMAS will be entitled to license such Software product at no additional license or maintenance fee, and subject to the terms and conditions in this Contract. If Supplier or Software Publisher releases an option, future Software product, or other release that has substantially the same functionality as the Software products provided under this Contract, and the Software Publisher, or Supplier, or both, ceases to provide Maintenance Services for the older Software product, then Supplier shall offer the Commonwealth or DMAS the option to exchange licenses for such replacement Software product or function at no additional charge. Escalation Procedures [To be provided by Supplier.] Solution Remedies If the Solution or any Component fails to conform in all material respects to the Requirements, DMAS shall provide written notification of the failure to Supplier. If Supplier is unable to make the Solution or any Component conform within 30 calendar of receiving DMAS’ notice Supplier shall, at DMAS’ request, accept return of the tangible Solution Components at DMAS’ request. If the failure of the Solution or any Components occurs during the Warranty Period, Supplier shall return all monies paid by an affected DMAS for the returned Solution Components and Documentation in the following if the failure occurs during the Warranty Period. Solution Support Services and Renewal Options Supplier will continue to provide Solution support Services, applicable software required for the Solution, and Maintenance/Warranty Services throughout the duration of the contract, including option years.
Software Evolution. In the event that Supplier or Software Publisher merge or splinter the Software previously provided to any Authorized User, Supplier shall not charge any Authorized User additional support fees in order to receive enhancements, releases, upgrades, or support for the Software. If Supplier or Software Publisher reduces or replaces functionality contained in a licensed Software product and provides the same or substantially similar functionality as or within a separate or renamed Software product, then the Commonwealth or the Authorized User will be entitled to license such Software product at no additional license or maintenance fee, and subject to the terms and conditions in this Contract. If Supplier or Software Publisher releases an option, future Software product, or other release that has substantially the same functionality as the Software products provided under this Contract, and the Software Publisher, or Supplier, or both, ceases to provide Maintenance Services for the older Software product, then Supplier shall offer the Commonwealth or the Authorized User the option to exchange licenses for such replacement Software product or function at no additional charge.
Software Evolution. In the event that Supplier or Software Publisher merge or splinter the Software previously provided to DMAS, Supplier shall not charge DMAS additional support fees in order to receive enhancements, releases, upgrades, or support for the Software. If Supplier or Software Publisher reduces or replaces functionality contained in a licensed Software product and provides the same or substantially similar functionality as or within a separate or renamed Software product, then the Commonwealth or DMAS will be entitled to license such Software product at no additional license or maintenance fee, and subject to the terms and conditions in this Contract. If Supplier or Software Publisher releases an option, future Software product, or other release that has substantially the same functionality as the Software products provided under this Contract, and the Software Publisher, or Supplier, or both, ceases to provide Maintenance Services for the older Software product, then Supplier shall offer the Commonwealth or DMAS the option to exchange licenses for such replacement Software product or function at no additional charge.
Software Evolution. In the event that Supplier or Software Publisher merge or splinter the Software previously provided to OAG, Supplier shall not charge OAG additional support fees in order to receive enhancements, releases, upgrades, or support for the Software. If Supplier or Software Publisher reduces or replaces functionality contained in a licensed Software product and provides the same or substantially similar functionality as or within a separate or renamed Software product, then the Commonwealth or OAG will be entitled to license such Software product at no additional license or maintenance fee, and subject to the terms and conditions in this Contract. If Supplier or Software Publisher releases an option, future Software product, or other release that has substantially the same functionality as the Software products provided under this Contract, and the Software Publisher, or Supplier, or both, ceases to provide Maintenance Services for the older Software product, then Supplier shall offer the Commonwealth or OAG the option to exchange licenses for such replacement Software product or function at no additional charge. Escalation Procedures [To be provided by Supplier.] Solution Remedies [Include a separate service level table to address response and restore time remedies for all important performance standards.]]If the Solution or any Component fails to conform in all material respects to its order or SOW, OAG shall provide written notification of the failure to Supplier. If Supplier is unable to make the Solution or any Component conform within 15 calendar of receiving OAG’s notice Supplier shall, at OAG’s request, accept return of the tangible Solution Components at OAG’s request. Supplier shall return all monies paid by an affected OAG for the returned Solution Components and Documentation.
Software Evolution. 8.1. C-MORE may, at its sole discretion, evolve the Software and make available new Versions or Upgrades of the Software. The CLIENT acknowledges that new Versions or Upgrades may have additional costs, change the way the Service is accessed or used and may change the need for compatibility, connectivity, performance, feature coverage or any other aspect of its operation.
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Software Evolution. BRAINCUBE may publish updates and/or upgrades that will be provided to Customer within this XXXX as long as a Customer subscription to Software is valid.

Related to Software Evolution

  • Software Development Software designs, prototypes, and all documentation for the final designs developed under this agreement must be made fully transferable upon direction of NSF. NSF may make the software design, prototype, and documentation for the final design available to competitors for review during any anticipated re-competition of the project.

  • Antivirus software All workstations, laptops and other systems that process and/or store PHI COUNTY discloses to CONTRACTOR or CONTRACTOR creates, receives, maintains, or transmits on behalf of COUNTY must have installed and actively use comprehensive anti-virus software solution with automatic updates scheduled at least daily.

  • SERVICE MONITORING, ANALYSES AND ORACLE SOFTWARE 11.1 We continuously monitor the Services to facilitate Oracle’s operation of the Services; to help resolve Your service requests; to detect and address threats to the functionality, security, integrity, and availability of the Services as well as any content, data, or applications in the Services; and to detect and address illegal acts or violations of the Acceptable Use Policy. Oracle monitoring tools do not collect or store any of Your Content residing in the Services, except as needed for such purposes. Oracle does not monitor, and does not address issues with, non-Oracle software provided by You or any of Your Users that is stored in, or run on or through, the Services. Information collected by Oracle monitoring tools (excluding Your Content) may also be used to assist in managing Oracle’s product and service portfolio, to help Oracle address deficiencies in its product and service offerings, and for license management purposes.

  • 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. School District Workstations Configuration requirements for devices and their software that school district personnel use to access WSIPC’s software modules can be found on our website: xxxxx://xxx.xxxxx.xxx/technology‐team/. State Reports XXXXX will provide, at no additional fee, all data reports required by the state that impact 50% or more of the school districts in the state. WSIPC and NWRDC will work with state agencies to gather requirements on the required data. WSIPC will inform NWRDC staff of any mandated changes to state reports and NWRDC will communicate the information to the District. Appendix B NWRDC FTE Fees Fiscal Only NWRDC Software Support Services XXXXX Software Licensing Total FTE Fee $13.63 $20.34 $33.97 $15.56 $13.08 $28.64 $24.52 $20.34 $44.86 Student Only Full Service

  • Architecture The Private Improvements shall have architectural features, detailing, and design elements in accordance with the Project Schematic Drawings. All accessory screening walls or fences, if necessary, shall use similar primary material, color, and detailing as on the Private Improvements.

  • Interface A defined set of transmission facilities that separate Load Zones and that separate the NYCA from adjacent Control Areas. Investor-Owned Transmission Owners. A Transmission Owner that is owned by private investors. At the present time these include: Central Xxxxxx Gas & Electric Corporation, Consolidated Edison Company of New York, Inc., New York State Electric & Gas Corporation, Niagara Mohawk Power Corporation, Orange and Rockland Utilities, Inc., and Rochester Gas and Electric Corporation.

  • Third Party Software 1. The Software may contain third party software that requires and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at xxxx://xxx.xxxxxxxxx.xxx/thirdparty/index.html and are made a part of and incorporated by reference into this XXXX. By accepting this XXXX, You are also accepting the additional terms and conditions, if any, set forth therein.

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