Term of Licenses. The licenses granted in Section 2.1 shall be in effect for the Term of the Agreement (as defined in Section 3.1 below) provided Customer timely pays the annual software license and maintenance and support fees as determined by ES&S. ES&S may terminate the license if Customer fails to pay the consideration due for, or breaches Sections 2.1, 2.4, or 3.6 with respect to, such license. Upon the termination of either of the licenses granted in Section 2.1 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 3 contracts
Samples: Software License and Services Agreement, Ongoing License, Maintenance, and Services Agreement, Ongoing License, Maintenance, and Services Agreement
Term of Licenses. The licenses granted in Section 2.1 2.2 shall be in effect for commence upon the Term delivery of the Agreement (as defined ES&S Software described in Section 3.1 below) provided Customer timely pays 2.2(a). The licenses shall survive the annual software license termination of all other obligations of the parties under this Agreement and maintenance and support fees as determined by ES&S. the termination of all Exhibits; provided, however, that ES&S may terminate the either license if Customer fails to pay the consideration due for, or breaches Sections 2.12.2, 2.42.5, or 3.6 with respect to, such license. Upon the termination of either of the licenses granted in Section 2.1 2.2 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 2 contracts
Samples: Voter Tabulation System and Services Agreement, Voter Tabulation System and Services Agreement