Software Maintenance and Fees. (1) Fees for particular versions or releases of the Software may differ depending upon previous versions or releases licensed by the State. Fees for hardware changes or upgrades in users that result in additional license fees will be consistent with the Contract Price List and billed under the license fee schedule and will be effective and invoiced as of the date of change or upgrade. With regard to hardware changes, applicable fees are generally based on the total processing power of the hardware on which the Software is installed. With respect to server hardware, processing power includes each processor on each chip. With respect to mainframe hardware, processing power is based on Millions of Instructions Per Second (“MIPS”). The State must notify Contractor within thirty (30) days of making any hardware change.
Software Maintenance and Fees. Fees for particular versions or releases of the Software may differ depending upon previous versions or releases licensed by Ordering Activity. Fees for hardware changes or upgrades in users which result in additional license fees will be consistent with the approved Price List, billed under the same, and will be effective and invoiced as of the date of change or upgrade. With regard to hardware changes, applicable fees are generally based on the total processing power of the hardware on which the Software is installed. With respect to server hardware, processing power includes each processor on each chip. With respect to mainframe hardware, processing power is based on Millions of Instructions Per Second (“MIPS”). Ordering Activity must notify EIS prior to making any hardware change. License and maintenance fees that have been applied and used in the performance of the Agreement are nonrefundable. Ordering Activity is not entitled to a pro-rata refund of any fees paid, unless this Agreement or an order placed under it is terminated for cause in which case fees will be prorated for the time remaining in the then- current annual license period and maintenance period. Maintenance is available for desktop and server-based Software licensed under this Agreement. Maintenance beyond the first twelve months of the license will be made available for each designated server or user increment upon payment of the applicable yearly Maintenance fees contained in the Price List. Institute Maintenance in the form of updates, new releases, and fixes is cumulative. If at any time during the term of this Agreement Ordering Activity elects not to order Maintenance from EIS for a server or user increment such that there is an interruption in Maintenance for that server or user increment for the licensed Software, reinstatement of such Maintenance will require payment of a maintenance fee equal to the amount of all preceding skipped periods of Maintenance for that server or user increment of the licensed Software. If at any time during the term of this Agreement Ordering Activity elects not to order Maintenance from EIS for a server or user increment, then Ordering Activity’s license rights shall continue with regard to such Software for the remainder of the license period applicable to such Software, subject to the license terms applicable to such Software on the last day for which Maintenance was purchased. Without limiting the foregoing sentence, without the payment of appli...
