Term of Licenses. The licenses granted in Section 2(b) shall commence upon the delivery of the ES&S Software described in Section 2(b) and shall continue for a one (1) year period (the “Initial License Term). Upon expiration of the Initial License Term, the licenses shall automatically renew for an unlimited number of successive one-year periods (each a “License Renewal Term”) upon the payment by Customer of the annual software license and software maintenance and support fee as set forth on the front side of this Agreement. The license terms for any License Renewal Term shall be set forth on Exhibit A. ES&S may terminate any of the licenses granted hereunder if Customer fails to pay the consideration due for, or breaches Sections 2(b), 3, or 9 with respect to, such licenses. Upon the termination any of the licenses granted in Section 2(b) for ES&S Software or upon Customer’s discontinuance of the use of any ES&S Software, Customer shall immediately return such ES&S Software and the related Documentation (including any and all copies thereof) to ES&S, or (if requested by ES&S) destroy such ES&S Software and Documentation and certify in writing to ES&S that such destruction has occurred.
Appears in 4 contracts
Samples: Sales Order Agreement, Sales Order Agreement, Sales Order Agreement
Term of Licenses. The licenses granted in Section 2(b) shall commence upon the delivery of the ES&S Software described in Section 2(b) and shall continue for a one (1) year period (the “Initial License Term”). Upon expiration of the Initial License Term, the licenses shall automatically renew for an unlimited number of successive one-year periods (each a “License Renewal Term”) upon the payment by Customer of the annual software license and software maintenance and support fee as set forth on the front side of this Agreement. The license terms for any License Renewal Term shall be set forth on Exhibit A. ES&S may terminate any of the licenses granted hereunder if Customer fails to pay the consideration due for, or breaches Sections 2(b), 3, or 9 with respect to, such licenses. Upon the termination any of the licenses granted in Section 2(b) for ES&S Software or upon Customer’s discontinuance of the use of any ES&S Software, Customer shall immediately return such ES&S Software and the related Documentation (including any and all copies thereof) to ES&S, or (if requested by ES&S) destroy such ES&S Software and Documentation and certify in writing to ES&S that such destruction has occurred.
Appears in 1 contract
Samples: Sales Order Agreement
Term of Licenses. The initial licenses granted in Section 2(b) 2 shall commence upon the delivery of the ES&S Software and ES&S Firmware, as applicable, as described in Section 2(b) 2, and shall continue for a expire one (1) year period thereafter (the “Initial License Term”). Upon expiration of the Initial License Term, the The licenses shall automatically renew for an unlimited number of successive one-year periods upon Customer’s timely payment of the annual Software and Firmware License and Maintenance Fees set forth on Schedule A1 (each each, a “License Renewal Term”) upon the payment by Customer of the annual software license and software maintenance and support fee as set forth on the front side of this Agreement). The license terms for any License Initial Term and each Renewal Term shall be set forth on Exhibit A. are collectively referred to herein as the “Term”. ES&S may terminate any of the licenses granted hereunder either license if Customer fails to pay the consideration due for, or breaches Sections 2(b), 3, 2 or 9 3 with respect to, such licenseslicense. Upon the termination any of either of the licenses granted in Section 2(b) 2 for ES&S Software or ES&S Firmware or upon Customer’s discontinuance of the use of any ES&S SoftwareSoftware or ES&S Firmware, Customer shall immediately return such ES&S Software and ES&S Firmware and the related Documentation (including any and all copies thereof) to ES&S, or (if requested by ES&S) destroy such ES&S Software Software, ES&S Firmware and Documentation and certify in writing to ES&S that such destruction has occurred.
Appears in 1 contract
Samples: Purchase and License Agreement