Updates and New Releases. 15.1 If so specified in the SLA, the Services include the provision of updates and new releases of the Licensed System.
15.2 Unless stated in the SLA to the contrary, updates and new releases of the Licensed System must be provided by Pentana Solutions as they become available and the Customer must accept them. If the Customer does not upgrade, Pentana Solutions may request an Extra Charge for its Services.
15.3 When reasonably required to do so by the Customer, Pentana Solutions must demonstrate the extent to which an update or new release is capable of providing functions and performance specified in the SLA. Pentana Solutions may make an Extra Charge in respect of any such demonstration.
15.4 Where the Customer accepts an update or new release this Agreement applies in all respects to that update or new release to the extent that it is incorporated or replaces the Licensed System.
15.5 Customers are required to remain on the current version of the Licensed System and an Extra Charge may apply if not.
Updates and New Releases. 3.1 Where, during the Term of a Customer Agreement, the Supplier creates any Updates or New Releases, the Supplier shall promptly provide those Updates or New Releases to the Customer without additional cost, so as to enable the Update or New Release to be incorporated into relevant Deliverables. Where the Update or New Release is relevant to Contract Work, it shall become part of the Contract Work and vest in the Customer in accordance with clause 1.1 of this IP Model 1.
Updates and New Releases. 14.1 Unless stated in the SLA to the contrary, updates and new releases of the Licensed System and/or Product must be provided by Pentana Solutions as they become available and the Customer must accept them. If the Customer does not upgrade the Licensed System and/or Product, Pentana Solutions may request an Extra Charge for its Services in relation to superseded versions of the Licensed System and/or Product.
14.2 When reasonably required to do so by the Customer, Pentana Solutions must demonstrate the extent to which an update or new release of the Licensed System and/or Product is capable of providing enhanced functions and performance. Pentana Solutions may make an Extra Charge in respect of any such demonstration.
14.3 Where the Customer accepts an update or new release of the Licensed System and/or Product, this Agreement applies in all respects to that update or new release to the extent that it is incorporated or replaces the Licensed System and/or Product.
14.4 Customers are required to remain on the current version of the Licensed System and/or Product and an Extra Charge may apply if not.
Updates and New Releases. 9.1. If and when Next Technik makes Updates or New Releases of the Software Program generally available to supported customers, Next Technik will update the Software Program and the updated version of the Software Program will then be the version that is Accessed and used in accordance with this Agreement.
9.2. Customer acknowledges and agrees that:
(a) the Software Program is provided on a shared service basis to Customer and other clients and Next Technik may from time to time, without the prior consent of Customer issue Updates and/or New Releases that change, add or delete the functions, features, performance or other characteristics of the Software Program, and when such Update or New Release, the User Documentation and the functionality of the Software Program shall be amended accordingly;
(b) Next Technik does not guarantee that any change, addition, deletion, error correction, patch, Update or New Release will be compatible with any Customer Data, application, other software or interface that connects to or interfaces with the Software Program that has been made by or on behalf of Customer; and
(c) Next Technik will not be liable for any loss, damage or expense which Customer may incur as the result of any change, addition, deletion, error correction, patch, Update or New Release in any circumstances.
9.3. Next Technik does not provide any support, maintenance or issue resolution service in respect of:
(a) the NetSuite Software or the NetSuite Hosting Environment;
(b) any interfaces with third party products, including the NetSuite Software;
(c) any lists, records or fields or other changes or customizations that have been created by Customer in the Software Program otherwise than in accordance with the User Documentation;
(d) any Customer Data.
Updates and New Releases. 4.1. Any updates made available will be delivered or made available to the Client for download promptly upon them being generally available from the Software Owners. If delivered, the Client will receive one update copy for each supported operating system for which the Client’s Licensed Products were ordered. Client will be responsible for copying, downloading and installing the updates.
4.2. The Client is encouraged install Updates and New Releases promptly upon receipt. However, the Client acknowledges and agrees that in the event that the Client has not installed Updates and New Releases, the Supplier may require that the Client install such Updates and New Releases prior to commencing any Support Services.
4.3. When reasonably required to do so by the Client, Supplier must demonstrate the features and attributes of an Update or a New Release to the Client. Supplier may require an Additional Charge for the demonstration, which the Client shall be liable to pay to the Supplier on demand.
4.4. If the Client refuses to accept and promptly install an Update or a New Release of the Licensed Products, Supplier may decline to continue Support Services. If the Update or a New Release of the Licensed Products is released to provide a critical fix to the Licensed Software, the Client acknowledges that any failure to promptly install such Update or New Release shall be at their own risk, and the warranty given under SECTION A - STANDARD TERMS and SECTION C – SOFTWARE LICENCE, other than warranties which may not be excluded by law, may be voidable by the Supplier.
4.5. When the Client accepts an Update, a New Release, or a New Product (under a separate agreement), this Agreement applies in all respects to that Update, New Release or New Product to the extent that it is incorporated into or replaces the Licensed Products.
4.6. Updates are provided when available (as determined by the Supplier) and updates may not include all versions previously available for a program acquired by the Supplier. Software Owner and Supplier are under no obligation to develop any future Licensed Products or functionality.
Updates and New Releases. 8.1 Supply of Updates and New Releases
(a) the Updates or New Releases provide functions at least equal to the latest version of the Licensed Program then supplied to the Customer under this Agreement; and
(b) Oban makes the Updates and New Releases commercially available.
Updates and New Releases. During the Term, RN shall make available to LA --------------------------- at no charge, upon release by RN, a copy of all corresponding Updates on the RN website. RN shall make available at no charge all New Releases and all Updates associated with developments of LA Products. Each Update or New Release shall, upon release to LA, be subject to all of the terms and conditions of the Agreement.
Updates and New Releases. 9.1. If so, specified in Schedule 1, the Support Service shall include the provision of updates and new releases of the Supported Software.
9.2. When reasonably required to do so by the Customer, the Supplier shall demonstrate the extent to which an update or new release is capable of providing functions and performance specified in the Service Specifications. The Supplier may make an Additional Charge in respect of any such demonstration.
9.3. In the event that the Customer maintains a version of the Supported Software that is in Sustaining Maintenance stage, the Supplier may decline to continue Support Services.
9.4. Where the Customer accepts an update or new release this Agreement applies in all respects to that update or new release to the extent that it is incorporated or replaces the Support Software.
Updates and New Releases. 9.1 The licenses granted pursuant to this Agreement shall be deemed to include and extend to any updates or new releases to the Licensed Products which either party may choose in its sole discretion to supply to the other from time to time.
Updates and New Releases. (a) During the Term:
(i) Beamtree may make available Updates and/or New Releases relating to the Software Subscription Services to the Licensee; and
(ii) the Licensee must accept and use any Update or New Release that Beamtree makes available, unless otherwise agreed by the parties (acting reasonably).
(b) If the Licensee is required to install the Update or New Release, the Licensee must do so in accordance with any instructions provided by Beamtree, and the Licensee is responsible for interoperability of the Update or New Release with other software programs owned or licensed by the Licensee.
(c) Subject to clause 7(b), if the Licensee decides not to use the Update or New Release then the Licensee acknowledges and agrees that:
(i) subsequent Updates or New Releases may not operate with the Software Subscription Services; and
(ii) Beamtree may cease to provide Software Support Services for that release of the Licensed Software which is part of the Software Subscription Services from the release date of that Update or New Release, and thereafter:
(A) the Software Subscription Services may have its usefulness reduced over time; and/or
(B) Beamtree may not be able to remedy any Defects in the Software Subscription Services.
(d) This agreement will continue to apply to the Licensed Software in the Software Subscription Services containing any installed Update or New Release which will be deemed to be the Software Subscription Services for the purpose of this agreement.
