Common use of SOFTWARE MAINTENANCE & UPGRADE Clause in Contracts

SOFTWARE MAINTENANCE & UPGRADE. Licensor will provide generally available Software upgrades to Licensee through a "Maintenance & Upgrade" ("M&U" or "Maintenance") program as described below: (a) Under Perpetual License, Licensee receives an initial one (1) year Maintenance & Upgrade, commencing on the date on which Licensor accepts Licensee's order by issuing the License Key or the date on which the License Key is activated, whichever comes first. Licensee may purchase additional software Maintenance & Upgrade at the then-current rate for one or more years, before or after expiration of the software Maintenance & Upgrade term. Each Maintenance & Upgrade term will start on the date following expiration of the previous Maintenance & Upgrade term regardless of when it is purchased. When operating under the Perpetual License, the Software contains a feature that checks the Software's release date against the expiry date of the Maintenance & Upgrade associated with the License Key, and determines whether activated License is entitled to use the particular release of the Software. If the Maintenance & Upgrade has expired before the Software's release date, the Software will cease certain functions and revert the Software back to the Free Developer License. To rectify the problem, Licensee must purchase additional Maintenance & Upgrade to extend the Software maintenance, or downgrade to an older release of the Software. (b) Under Subscription License, Licensee receives free Maintenance & Upgrade during the entire subscription term.

SOFTWARE MAINTENANCE & UPGRADE. Licensor will provide generally available Software upgrades to Licensee through a "Maintenance & Upgrade" ("M&U" or "Maintenance") program as described below: (a) Under Perpetual License, Licensee receives an initial one (1) year Maintenance & Upgrade, commencing on the date on which Licensor accepts Licensee's order by issuing the License Key of purchase or the date on which the License Key license key is activated, whichever comes first. Licensee may purchase additional software Maintenance & Upgrade at the then-current rate for one or more years, before or after expiration of the software Maintenance & Upgrade term. Each Maintenance & Upgrade term will start on the date following expiration of the previous Maintenance & Upgrade term regardless of when it is purchased. When operating under the Perpetual License, the Software contains a feature that checks the Software's release date against the expiry date of the Maintenance & Upgrade associated with the License Key, and determines whether activated License is entitled to use the particular release of the Software. If the Maintenance & Upgrade has expired before the Software's release date, the Software will cease certain functions and revert the Software back to the Free Developer License. To rectify the problem, Licensee must purchase additional Maintenance & Upgrade to extend the Software maintenance, or downgrade to an older release of the Software. (b) Under Subscription License, Licensee receives free Maintenance & Upgrade during the entire subscription term.

SOFTWARE MAINTENANCE & UPGRADE. Licensor will provide generally available Software upgrades to Licensee through a "Maintenance & Upgrade" ("M&U" or "Maintenance") program as described below: (a) Under Perpetual License, Licensee receives an initial one (1) year Maintenance & Upgrade, commencing on the date on which Licensor accepts Licensee's order by issuing the License Key or the date on which the License Key is activated, whichever comes first. Licensee may purchase additional software Maintenance & Upgrade at the then-current rate for one or more years, before or after expiration of the software Maintenance & Upgrade term. Each Maintenance & Upgrade term will start on the date following expiration of the previous Maintenance & Upgrade term regardless of when it is purchased. When operating under the Perpetual License, the Software contains a feature that checks the Software's release date against the expiry date of the Maintenance & Upgrade associated with the License Key, and determines whether activated License is entitled to use the particular release of the Software. If the Maintenance & Upgrade has expired before the Software's release date, the Software will cease certain functions and revert the Software back to the Free Developer Licensefunctions. To rectify the problem, Licensee must purchase additional Maintenance & Upgrade to extend the Software maintenance, or downgrade to an older release of the Software. (b) Under Subscription License, Licensee receives free Maintenance & Upgrade during the entire subscription term.