Updates and Improvements. H.3.1. Only if so adopted of the Agreement, the Contractor will make an effort to adapt the Materials from time to time in order to improve the functionality and to repair errors, whether or not based on instructions and requests from the Client or on his own initiative, if this is stipulated in the Agreement.
H.3.2. Only if so adopted in the Agreement, the Contractor will make an effort to keep the Materials up-to-date. However, in many cases the Contractor is dependent on his supplier(s) and third parties. The Contractor is entitled not to install certain updates or patches if it believes that this will not benefit the proper functioning of the software or is not in the interest of the Service.
H.3.3. The Contractor will make every effort to add changes and new functionality to the Materials requested by the Client. The Contractor is at any time entitled to refuse such a request if it believes that this is not feasible or may hinder the proper functioning or availability of the Materials. Adding changes and new functionality to the Materials at the request of the Client involves costs. The Contractor shall inform the Client of these costs in advance.
H.3.4. f a change, update or patch results in changed functionality within an already developed Service or Project which has far-reaching consequences for the functioning of other Materials, systems etc., the Contractor and Client will consult about the consequences. If it is decided to implement this change, update or patch, the Contractor is entitled to invoice the hours spent on this separately on a subsequent costing basis.
H.3.5. If the Client wishes to make any changes to the Materials independently, this will be entirely at the risk and responsibility of the Client. the Contractor does not have to make any (longer any) efforts to solve bugs or errors. This is the case unless the Client has notified the Contractor of the desired change in advance and the Contractor has approved this change in writing. The Contractor may subject its approval to conditions.
H.3.6. Unless otherwise agreed, support to end users (customers of Client) is not included.
Updates and Improvements. Gen-Probe shall make available to Roka, on a fully burdened cost plus [*] basis, for retrofitting or upgrading any Panther Instruments previously purchased by Roka from Gen-Probe, any modified or upgraded software, component or other improvement to the Panther Instruments developed during the Term which Gen-Probe has made generally available to the then outstanding Panther Instruments deployed in the field by Gen-Probe for Clinical Diagnostics; provided, however, that software upgrades that are released to correct errors or fix other software bugs shall be provided at no cost to Roka (except with respect to the installation thereof as described below). Notwithstanding the foregoing, (i) Roka shall be responsible for installing all such software updates (including labor costs associated with the installation of such software updates) on all Panther Instruments previously purchased by Roka hereunder and (ii) Roka shall be solely responsible for all costs associated with modifications or upgrades specifically requested by Roka or for features designed specifically for use in the Roka Field (it being understood that Gen-Probe shall have the absolute right to decline any such requests for modifications, upgrades or features from Roka). Gen-Probe shall make available to Roka on reasonable terms mutually agreed upon technical assistance as may be needed to implement any such improvements in Panther Instruments previously purchased by Roka on a fully burdened cost plus [*] basis.
Updates and Improvements. Any updates, improvements, upgrades to, and new versions of the Product conceived, developed or acquired by Licensor during the Term of this Agreement shall be promptly disclosed in writing to Licensee and shall be, as of the date of such written notice, automatically included as part of the Product and subject to the provisions of this Agreement. 9.
Updates and Improvements. D.4.1 Only if this is part of the Agreement, the Contractor will make an effort to adjust the Materials from time to time to improve the functionality and to correct errors, whether or not on the basis of instructions and requests from the Client or on the basis of its own initiative, if provided for in the Agreement.
D.4.2 Only if this is part of the Agreement will the Contractor endeavour to keep the Materials up to date. In many cases, however, the Contractor is dependent on its supplier(s) and third parties. The Contractor is entitled not to install certain updates or patches if, in their opinion, this does not benefit the correct functioning of the software or is not in the interest of the Service.
Updates and Improvements. During the term of this Agreement, each party will provide the other party with all improvements, upgrades and updates to SiTek Technology or Xxxxxct Technology, as and when such upgrades and updates are available. Each party will reimburse the other for reasonable out-of-pocket costs associated with transferring such upgrades and updates.
Updates and Improvements. In addition to the user License, the Licensor puts the assistance and update service of the software at the Licensee’s disposal. The Licensee, by compiling the specific “Registration form” and following the instructions provided together with the software installation pack, receives some credentials through which he will be allowed to access the assistance and update service. This service provides:
a) the release of updates that the Licensor will do over time, increasing and improving the software licensed for use. Updates will be made available through the internet. Downloading updates made available by the Licensor is an exclusive Licensee’s duty, being any responsibility of the Licensor expressively excluded for any damage, malfunctioning or errors of the software arising from not updating it. The Licensee admits that the improvement and the update do not constitute concession of a second user license of the software.
b) the assistance on the software use, through the processes reported in Annex A. The maintenance and assistance service does not comprise the correction of malfunctions due to an improper use of the software by the Licensee or his staff.
Updates and Improvements. To the extent Providers make Updates or Improvements to the Sports Betting Platform following delivery of the Source Code of the copy of the Sports Betting Platform to Distributors and such Updates or Improvements are technically possible to integrate with the Product, Providers shall make Source Code of such Updates and Improvements available to Distributors, and Distributors may choose, at Distributors’ discretion, to include such Updates or Improvements in the Product. The Parties agree that the Product Response Team shall use reasonable commercial efforts to integrate such Updates and Improvements into the Product. Notwithstanding the above, Providers undertake to make in the Product all Updates and/or Improvements to the Sports Betting Platform following delivery of the Source Code of the copy of the Sports Betting Platform to Distributors as may be required, from time to time, by the laws of the place where the Product is offered to customers.
Updates and Improvements. Vertical IQ will provide Customer with ongoing maintenance,
Updates and Improvements. Vertical IQ will provide Customer with ongoing maintenance, updates and improvements to the Reports that Vertical IQ provides to all of its customers at no additional charge to Customer, provided, however, that such updates and improvements do not constitute a new or separate Report, as determined in the sole discretion of Vertical IQ.
Updates and Improvements. CreditForce may, at its discretion, provide updates and improvements to ORIGIN. These updates and improvements will be subject to the terms of this LICENSE AGREEMENT, and any separately agreed-upon agreements between the parties involved.
