Updates and New Versions Sample Clauses

Updates and New Versions. In the event that Supplier determines that any of Customer’s reported maintenance problems cannot be resolved due to Customer’s failure to install Updates or procure new Versions of the Software, Customer will be given a reasonable opportunity to install such Updates or procure a new Version. If, after such opportunity, Customer fails or otherwise refuses to install such Updates or procure such new Version, Supplier shall be relieved of its obligations under this clause 11.
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Updates and New Versions. 2.1 During the Term Cygnus may furnish updates, modifications, enhancements and/or new versions of the Cygnus Software or Cygnus SaaS Products at its discretion (“Maintenance Release”). 2.2 Any such Maintenance Release will be provided under this MSA unless they come with separate terms in which case Cygnus will provide the Customer an opportunity to review and accept those terms. 2.3 Accordingly, it is Customer’s responsibility to maintain the currency of the relevant Software by deploying the latest version made available by Cygnus. 2.4 End-of-Support (EOS) 2.4.1 Cygnus reserves the right to retire or cease to provide any security updates, maintenance and technical support to any prior version of the Software which is not the Supported Software. 2.4.2 Cygnus shall issue an EOS notice in writing to the Customer at least three (3) months before the date on which the relevant Software version ceases to be maintained and supported (“EOS Date”). 2.4.3 With effect from the EOS Date, the EOS Software version will be declared out of use and the Customer shall either update or cease (as applicable) all use of the same. 2.4.4 Any Cygnus’ future obligations under this MSA to deliver, licence, maintain or support the EOS Software version shall cease, and all service levels, warranties and other obligations of Cygnus in respect of such EOS Software version shall cease to apply at the EOS Date. 2.4.5 Any use of the EOS Software version by the Customer or its Authorised Users after the EOS Date shall be entirely at the Customer's risk, and: (a) Cygnus shall not be liable for Losses arising from or in connection with the Customer’s (and/or an Authorised User’s) continued use of the EOS Software version; and (b) the Customer shall indemnify and keep indemnified Cygnus against all Losses (including consequential losses, loss of profit and loss of reputation, and all interest, penalties and legal and other professional costs and expenses) awarded against or incurred by Cygnus in connection with, or paid or agreed to be paid by Cygnus in settlement of, any claim arising out of or in connection with the Customer's (or an Authorised User’s) continued use of the EOS Software version beyond the EOS Date.
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Updates and New Versions. 3.1 PureDev may from time to time make Updates available to Licensee and Licensee may at its discretion choose to incorporate such Updates into the Licensee Product(s). Licensee acknowledges that neither the Software nor Updates may be entirely free from defects or errors, and that Licensee uses the Software and any Updates at its own risk.
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Updates and New Versions. For so long as Licensee is timely in the performance of its obligations under the XXXX and these M&S terms, and has paid directly or via a reseller to CrowdStrike the corresponding Licensed Software and M&S Fees, CrowdStrike shall provide Licensee with access to Updates (including Security Updates) and New Versions of the Licensed Software when and if made generally available to customers by CrowdStrike. Licensee shall use commercially reasonable efforts to install Updates (including Security Updates) and to Upgrade the Licensed Software as soon as reasonably practicable after CrowdStrike makes them available to Licensee. CrowdStrike may, in its sole discretion, provide automatic Updates and New Versions to the Licensed Software in Customer’s environment on an as available basis. Customer understands and agrees that CrowdStrike is not responsible for breaches of any warranty, or vulnerabilities or security flaws, in the Licensed Software if Customer blocks or prevents an automatic Security Update or fails to install or apply a Security Update.
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Updates and New Versions. From time to time, Elastifile may offer Customer Updates or New Versions of the Solution. Customer acknowledges that when migrating to a New Version certain technical errors may arise. Elastifile will use reasonable efforts to rectify the errors as soon as reasonably possible.
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Updates and New Versions. KyckGlobal may, from time to time in its discretion, issue Updates to the Services, which Payor shall install and/or incorporate into Payor’s Systems and/or Account, as applicable. KyckGlobal may charge Payor for any costs, expenses or fees KyckGlobal incurs in connection with any such Updates, which amounts shall be due and payable upon presentation of an invoice for same from KyckGlobal. Additionally, KyckGlobal may in its discretion issue any New Version from time to time. KyckGlobal may provide Payor notice of any such New Version by providing Payor an amended Schedule of Services and Fee Schedule, as applicable. Payor may elect to participate in any New Version offered by KyckGlobal by paying KyckGlobal all applicable KyckGlobal Fees for any such New Version.
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Updates and New Versions. Unless (and only to the extent) specified in an Order, the Supplier is not obliged to furnish the Client with any modifications, enhancements, upgrades, and/or releases of the Software. Any updates to the Software are released at the Supplier’s sole discretion. The Supplier shall not be responsible for obsolescence of the Software that may result from changes in the Client’s requirements, computing environment or any other event beyond the control of the Supplier. Client may be required to provide the Supplier with access to its Microsoft Azure environment running the Software and maintain such access. The Supplier will use the access to push updates to the Software using a standard Azure DevOps process. Client will ensure that the Supplier has sufficient access rights to allow Software updates to be deployed and Client will not interrupt or block the update process.
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Related to Updates and New Versions

  • Updates “Updates” are changes that do not require a change to the established Centralized Contract terms and conditions. Updates may include: Centralized Contract changes and updates made in accordance with the previously approved pricing formula (e.g. discount from list price); adding new products or services within the established, previously approved pricing structure; lowering pricing of products or services already on Contract, deleting products or services available through the Centralized Contract, adding product or service that do not fall under the previously established price structure or discounts under the Contract, re-bundled products, and other updates not listed above that are deemed to be in the best interest of the State and do not result in a change to the established Centralized Contract terms and conditions. Updates must be submitted to OGS for review, and must be accompanied by a justification of reasonableness of price if the change results in a change in pricing methodology. OGS will notify Contractor in writing if approved.

  • Promotional Materials In the event that the Fund or the Adviser makes available any promotional materials related to the Securities or the transactions contemplated hereby intended for use only by registered broker-dealers and registered representatives thereof by means of an Internet web site or similar electronic means, the Adviser will install and maintain, or will cause to be installed and maintained, pre-qualification and password-protection or similar procedures which are reasonably designed to effectively prohibit access to such promotional materials by persons other than registered broker-dealers and registered representatives thereof.

  • Technical Specifications and Drawings a) The Goods and Related Services supplied under this Contract shall conform to the technical specifications and standards mentioned in Section VI, Schedule of Requirements and, when no applicable standard is mentioned, the standard shall be equivalent or superior to the official standards whose application is appropriate to the Goods' country of origin. b) The Supplier shall be entitled to disclaim responsibility for any design, data, drawing, specification or other document, or any modification thereof provided or designed by or on behalf of the Procuring Entity, by giving a notice of such disclaimer to the Procuring Entity. c) Wherever references are made in the Contract to codes and standards in accordance with which it shall be executed, the edition or the revised version of such codes and standards shall be those specified in the Schedule of Requirements. During Contract execution, any changes in any such codes and standards shall be applied only after approval by the Procuring Entity and shall be treated in accordance with GCC Clause 33.

  • Marketing Materials (a) During the term of this Agreement, the Sub-Adviser agrees to furnish the Manager at its principal office for prior review and approval by the Manager all written and/or printed materials, including but not limited to, PowerPointÒ or slide presentations, news releases, advertisements, brochures, fact sheets and other promotional, informational or marketing materials (the “Marketing Materials”) for internal use or public dissemination, that are produced or are for use or reference by the Sub-Adviser, its affiliates or other designees, broker-dealers or the public in connection with the Series, and Sub-Adviser shall not use any such materials if the Manager reasonably objects in writing within five business days (or such other period as may be mutually agreed) after receipt thereof. Marketing Materials may be furnished to the Manager by first class or overnight mail, facsimile transmission equipment, electronic delivery or hand delivery. (b) During the term of this Agreement, the Manager agrees to furnish the Sub-Adviser at its principal office all prospectuses, proxy statements, reports to shareholders, or Marketing Materials prepared for distribution to shareholders of each Series, or the public that refer to the Sub-Adviser in any way, prior to the use thereof, and the Manager shall not use any such materials if the Sub-Adviser reasonably objects in writing within five business days (or such other period as may be mutually agreed) after receipt thereof. The Sub-Adviser’s right to object to such materials is limited to the portions of such materials that expressly relate to the Sub-Adviser, its services and its clients. The Manager agrees to use its reasonable best efforts to ensure that materials prepared by its employees or agents or its affiliates that refer to the Sub-Adviser or its clients in any way are consistent with those materials previously approved by the Sub-Adviser as referenced in the first sentence of this paragraph. Marketing Materials may be furnished to the Sub-Adviser by first class or overnight mail, facsimile transmission equipment, electronic delivery or hand delivery.

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