Common use of Updates and Improvements Clause in Contracts

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. H.3.1. 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. 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 cer- tain updates or patches if it believes that this will not benefit the proper functioning of the software sohware or is not in the interest of the Service. H.3.3. 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 H.3.4 If 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. H.3.5 If the Client wishes to make any changes to the Materials independently, this will be entirely at the risk and responsibility re- sponsibility 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. H.3.6 Unless otherwise agreed, support to end users (customers of Client) is not includedincluded Artikel H.4 Remote support 4.1 Remote support is provided by telephone, e-mail and other jointly agreed channels.