Common use of Software Evolution Clause in Contracts

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.

Appears in 5 contracts

Samples: Hardware and Maintenance Contract, Hardware and Maintenance Contract, Hardware and Maintenance Contract

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Software Evolution. Ift Should Supplier merges or splinters Software Publisher merge or splinter the System Software previously provided to any Authorized User, in no event will the merger or splinter 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 Maintenance support fees in order to receive enhancements, releases, upgrades, 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, 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.

Appears in 5 contracts

Samples: Products and Services Contract, Hardware and Maintenance Contract, Hardware and Maintenance Contract

Software Evolution. Ift Should Supplier merges or splinters Software Publisher merge or splinter the System Software previously provided to any Authorized User, in no event will the merger or splinter 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 Maintenance support fees in order to receive enhancements, releases, upgrades, 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 shall 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, 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.

Appears in 3 contracts

Samples: Hardware and Maintenance Contract, Software and Maintenance Contract, vita2.virginia.gov

Software Evolution. Ift Should Supplier merges or splinters Software Publisher merge or splinter the System Software previously provided to any Authorized User, in no event will the merger or splinter 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 Maintenance support fees in order to receive enhancements, releases, upgrades, upgrade 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 shall 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, 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.

Appears in 3 contracts

Samples: Information Technology Solution Contract, Software and Maintenance Contract, vita2.virginia.gov

Software Evolution. Ift Should Supplier merges merge or splinters splinter the System Software previously provided to any Authorized User, in no event will the merger or splinter such action on the part of Supplier shall not in any way result in any Authorized User being charged additional license or Maintenance fees in order to receive enhancements, releases, upgrades, 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 shall 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, 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.

Appears in 3 contracts

Samples: Hardware and Maintenance Contract, Software and Maintenance Contract, vita2.virginia.gov

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Software Evolution. Ift If 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.

Appears in 2 contracts

Samples: Products and Services Contract, Information Technology Services Contract

Software Evolution. Ift ‌ Should Supplier merges or splinters Software Publisher merge or splinter the System Software previously provided to any Authorized User, in no event will the merger or splinter 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 Maintenance support fees in order to receive enhancements, releases, upgrades, upgrade 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 shall 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, 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.

Appears in 2 contracts

Samples: Information Technology Solution Contract, Software License Contract

Software Evolution. Ift Should Supplier merges or splinters Software Publisher merge or splinter the System Software previously provided to any Authorized User, in no event will the merger or splinter 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 Maintenance support fees in order to receive enhancements, releases, upgrades, 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 Software Publisher’s end user license agreement or other licensing requirements and conditions hereinterms,. 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, 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, subject to the Software Publisher’s end user license agreement or other licensing requirements and terms,.

Appears in 1 contract

Samples: Hardware and Maintenance Contract

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