Software Evolution Sample Clauses
The software-evolution clause defines how software may be updated, modified, or enhanced over time during the term of an agreement. Typically, this clause outlines the rights and responsibilities of the parties regarding the implementation of new features, bug fixes, or compatibility updates, and may specify whether such changes are mandatory or optional for the licensee. Its core practical function is to ensure that the software remains current and functional, while clarifying the process for managing changes and minimizing disputes over software maintenance and improvement.
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Software Evolution. Ift Supplier merges or splinters the System Software previously provided to any Authorized User, in no event will the merger or splinter on the part of Supplier result in any Authorized User being charged additional license or Maintenance 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 the Software Publisher, the Supplier, or both, 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.
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 VDOT, Supplier shall not charge VDOT 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 VDOT 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 VDOT 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 Exhibit A and C, VDOT 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 VDOT’s notice Supplier shall, at VDOT’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 VDOT 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 VDOT for the returned Solution Components and Documentation, pro-rated using the straight-line method for an estimated Solution life cycle of seven (7) years. VDOT 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 VDOT in writing of such expiration. VDOT may, at its sole discretion, order from Supplier Solution Maintenance Services including new Software releases, updates and upgrades. The MCP will ...
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 VDH, Supplier shall not charge VDH 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 VDH 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 VDH the option to exchange licenses for such replacement Software product or function at no additional charge.
Software Evolution. BRAINCUBE may publish updates and/or upgrades that will be provided to Customer within this ▇▇▇▇ as long as a Customer subscription to Software is valid.
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. 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. 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.
8.2. The introduction of new features in the Software, to comply with legal requirements or in order to improve its functioning, operation, performance, etc., may, in certain cases, give rise to a price change or require the purchase of a new version of the Software separately, WITHOUT
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.
8.2. The introduction of new features in the Software, to comply with legal requirements or in order to improve its functioning, operation, performance, etc., may, in certain cases, give rise to a price change or require the purchase of a new version of the Software separately, WITHOUT