Common use of Software Evolution Clause in Contracts

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.

Software Evolution. In the event that Supplier or Software Publisher merge or splinter the Software previously provided to VDOTany Authorized User, Supplier shall not charge VDOT 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 VDOT 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 VDOT 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 VDOTVDH, Supplier shall not charge VDOT 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 VDOT 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 VDOT VDH the option to exchange licenses for such replacement Software product or function at no additional charge.charge.‌

Software Evolution. In the event that Supplier or Software Publisher merge or splinter the Software previously provided to VDOTthe VADOC, Supplier shall not charge VDOT the VADOC 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 the VADOC 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 VADOC the option to exchange licenses for such replacement Software product or function at no additional charge.