Common use of Software Maintenance Agreements Clause in Contracts

Software Maintenance Agreements. For each customer purchasing a license for the Products in the Territory, Toshiba and/or the Dealer Associates shall use its reasonable best efforts to persuade such customer to purchase annual software maintenance services under a software maintenance program. Such software maintenance services shall include updates and upgrades to the Vitreaâ 2 and other applicable Products that have been purchased by the customer, free of charge to the customer. It is agreed between the parties that newly released options to Vitreaâ 2, except for those listed in Exhibit E and purchased by the customer, shall be excluded from such updates and upgrades, unless explicitly agreed between the parties. Provided, however, even after the Warranty Period (hereinafter defined in Section 8.1(a)), upon written request from Toshiba or its Dealer Associates, for up to six (6) months after the expiration date of the Warranty Period, Vital Images shall continue, without charge, to support and shall upgrade or update such Product to its latest version available within the Warranty Period, with downward compatibility. Further, for non-U.S. sales, after the expiration of such six-month post warranty grace period, Toshiba and/or its Dealer Associates may purchase the latest version of the Vitreaâ 2 for their customers at a price of $ , per each release. Notwithstanding the foregoing, if the Product has not been updated for no more than two (2) years after expiration of the Warranty Period, such Product may be upgraded or updated to its latest version for $ .

Software Maintenance Agreements. For each customer purchasing a license for the Products in the Territory, Toshiba and/or the Dealer Associates shall use its reasonable best efforts to persuade such customer to purchase annual or long-term software maintenance services under a software maintenance program. Such software maintenance services shall include updates and upgrades to the Vitreaâ 2 and other applicable Products that have been purchased by the customer, free of charge to the customer, for so long as that customer is current in its payment of fees for software maintenance services. Included in software maintenance services is the provision of updates, which are new versions of the products that include enhancements and upgrades and are released to Vital Images’ general installed base, and corrections, which are fixes to errors in the Products that are reported by Vital Images customers and are released to Vital Images’ general installed base. It is agreed between the parties that newly released options to Vitreaâ 2, ,except for those listed in Exhibit E and purchased by the customer, shall be excluded from such updates and upgrades, unless explicitly agreed between the parties. Provided, however, even after the Warranty Period (hereinafter defined in Section 8.1(a9.1(a)), upon written request from Toshiba or its Dealer AssociatesAssociates for any particular end-user, for up to six (6) months after the expiration date of the Warranty Period, Vital Images shall continueshall, without charge, to support and shall upgrade or update such end-user’s Product to its latest version available within the end-user’s Warranty Period, with downward compatibility. Further, for non-U.S. sales, after the expiration of such six-month post warranty grace period, Toshiba and/or its Dealer Associates may purchase the latest version of the Vitreaâ 2 for their customers at a price of $ * , per each release. Notwithstanding provide the foregoing, if the Product has not been updated for no more than two (2) years after expiration of the Warranty Period, such Product may be upgraded or updated to its latest version customer executes a one-year maintenance contract for $ .* ..

Software Maintenance Agreements. For each customer purchasing a license for the Products in the Territory, Toshiba and/or the Dealer Associates shall use its reasonable best efforts to persuade such customer to purchase annual or long-term software maintenance services under a software maintenance program. Such software maintenance services shall include updates and upgrades to the Vitreaâ 2 Vitrea®, Vitrea fX and other applicable Products that have been purchased by the customer, free of charge to the customer, for so long as Toshiba and/or Dealer Associate is current in its payment of fees for software maintenance services. Included in software maintenance services is the provision of updates, which are new versions of the products that include enhancements and upgrades and are released to Vital Images’ general installed base, and corrections, which are fixes to errors in the Products that are reported by Vital Images customers and are released to Vital Images’ general installed base. It is agreed between the parties that newly released options to Vitreaâ 2, Vitrea® or Vitrea fX except for those listed in Exhibit E and purchased by the customer, shall be excluded from such updates and upgrades, unless explicitly agreed between the parties. Provided, however, even after the Warranty Period (hereinafter defined in Section 8.1(a9.1(a)), upon written request from Toshiba or its Dealer AssociatesAssociates for any particular end-user, for up to six (6) months after the expiration date of the Warranty Period, Vital Images shall continueshall, without charge, to support and shall upgrade or update such end-user’s Product to its latest version available within the end-user’s Warranty Period, with downward compatibility. Further, for non-U.S. salesregardless of whether a customer is under a warranty or software maintenance program, after in the expiration of event Vital Images issues a correction related to a patient safety issue resulting in a product recall or similar governmental action, Vital Images shall provide such six-month post warranty grace period, Toshiba and/or its Dealer Associates may purchase correction to the latest version of the Vitreaâ 2 for their customers affected at a price of $ , per each release. Notwithstanding the foregoing, if the Product has not been updated for no more than two (2) years after expiration of the Warranty Period, such Product may be upgraded or updated charge with prior written notice to its latest version for $ Toshiba.

Software Maintenance Agreements. For each customer purchasing a license for the Products in the Territory, Toshiba and/or the Dealer Associates shall use its reasonable best efforts to persuade such customer to purchase annual or long-term software maintenance services under a software maintenance program. Such software maintenance services shall include updates and upgrades to the Vitreaâ 2 and other applicable Products that have been purchased by the customer, free of charge to the customer, for so long as that customer is current in its payment of fees for software maintenance services. Included in software maintenance services is the provision of updates, which are new versions of the products that include enhancements and upgrades and are released to Vital Images’ general installed base, and corrections, which are fixes to errors in the Products that are reported by Vital Images customers and are released to Vital Images’ general installed base. It is agreed between the parties that newly released options to Vitreaâ 2, ,except for those listed in Exhibit E and purchased by the customer, shall be excluded from such updates and upgrades, unless explicitly agreed between the parties. Provided, however, even after the Warranty Period (hereinafter defined in Section 8.1(a9.1(a)), upon written request from Toshiba or its Dealer AssociatesAssociates for any particular end-user, for up to six (6) months after the expiration date of the Warranty Period, Vital Images shall continueshall, without charge, to support and shall upgrade or update such end-user’s Product to its latest version available within the end-user’s Warranty Period, with downward compatibility. Further, for non-U.S. sales, after the expiration of such six-month post warranty grace period, Toshiba and/or its Dealer Associates may purchase the latest version of the Vitreaâ 2 for their customers at a price of $ * , per each release. Notwithstanding provide the foregoing, if the Product has not been updated for no more than two (2) years after expiration of the Warranty Period, such Product may be upgraded or updated to its latest version customer executes a one-year maintenance contract for $ * .