Upgrades and Enhancements. ImageSoft shall provide, upon Customer request, all Upgrades and Enhancements to the Supported Software commercially released by the Product Vendor during the term of this SMA. Customer acknowledges and agrees that Product Vendors have the right, at any time, to change the specifications and operating characteristics of the Supported Software. Any Upgrades and Enhancements to the Supported Software and Documentation shall remain proprietary to and the sole and exclusive property of the Product Vendor and shall be subject to all the restrictions, limitations and protections of the Product Vendor’s license agreement. All applicable rights to patents, copyrights, trademarks, other intellectual property rights, applications for any of the foregoing and trade secrets in the Supported Software and Documentation and any Upgrades and Enhancements are and shall remain the exclusive property of the Product Vendor.
Upgrades and Enhancements. “Upgrades and Enhancements” means any and all new versions, improvements, modifications, upgrades, updates, fixes and additions to the Software that Service Provider or its supplier commercially releases to its end users generally during the term of this Agreement to correct deficiencies or enhance the capabilities of the Software, together with updates of the Documentation to reflect such new versions, improvements, modifications, upgrades, fixes or additions; provided, however, that the foregoing shall not include new, separate product offerings, new modules, re-platformed Software or new functionality.
Upgrades and Enhancements. A Software Maintenance and Support Agreement entitles the Licensee to all software upgrades, enhancements and patches for Licensed Software released by SCALABLE during the Maintenance and Support Period. All such upgrades, including documentation and manuals, are normally made available through electronic downloads. If Licensee has multiple licenses of SCALABLE Software, and Software Maintenance and Support has not been purchased for all of the licenses, Licensee may upgrade only the licenses covered under the Software Maintenance and Support Agreement.
Upgrades and Enhancements. All upgrades and enhancements (“Upgrades and Enhancements”) to the RESX Service that are made generally available will be made available to User at a date no later than they become available to TRX clients or other clients or other distributors and at pricing, terms and conditions that shall be no less favorable than those offered to other TRX distributors. User will have full access to use and distribute all features and services of the RESX Service, as such use is determined by User in its sole discretion. TRX reserves the right to charge an additional fee for any Custom Modifications.
Upgrades and Enhancements. Service Provider will provide to Licensee, in accordance with Service Provider or its supplier’s then current policies, all Upgrades and Enhancements to the Software released by Service Provider or its supplier during the term of this Agreement. Licensee acknowledges and agrees that Service Provider or its supplier has the right, at any time, to change the specifications and operating characteristics of the Software and Service Provider or its supplier’s policies respecting Upgrades and Enhancements and the release thereof to its end users. Any Upgrades and Enhancements to the Software and Documentation shall remain proprietary to Xxxxxx Software, Inc. and the sole and exclusive property of Xxxxxx Software, Inc., and shall be subject to all of the restrictions, limitations and protections of the XXXX. All applicable rights to patents, copyrights, trademarks, other intellectual property rights, applications for any of the foregoing and trade secrets in the Software and Documentation and any Upgrades and Enhancements are and shall remain the exclusive property of Xxxxxx Software, Inc.
Upgrades and Enhancements. Preventia will make Upgrades and Enhancements available in the Preventia Application as part of maintenance and support Services. New functionality or major revisions to the Software may be available as separate Preventia products to which Provider can subscribe, when commercially available, for additional Fees.
Upgrades and Enhancements. 6.1 The Licensor may in its sole discretion issue Upgrades and / or Enhancements to the Licensed Software from time to time, and you agree that the provisions of this Agreement will apply to such Upgrades and / or Enhancements.
6.2 You note that the Licensed Software is programmed in such a way that it may under certain circumstances download and install Upgrades and / or Enhancements automatically. You consent to this and acknowledge that it is your responsibility to ensure that the Licensed Software is able to access the internet for that purpose.
6.3 Upgrades and / or Enhancements may be subject to amendments to this Agreement as set out in clause 9 (Amendment of Terms).
Upgrades and Enhancements. Where Upgrades or Enhancements are made to the Customer Equipment by us they shall be deemed to be included in the definition of “Customer Equipment” and shall become subject to the terms of this Contract for the unexpired term of the Contract from the date of the Upgrade or Enhancement.
Upgrades and Enhancements. 21.3.1 CDKX shall deliver to APL any improved version of the Software when and as they become available.
21.3.2 In reasonable time prior to the delivery of a new release CDKX shall make available to APL all amendments to the Software's specification which shall be necessary to describe the facilities and functions of the new release.
21.3.3 Notwithstanding anything else contained herein, APL shall not be obliged to accept or use the new release if its use would result in any of the facilities and functions of the System being diminished or curtailed or if its use would unduly interrupt the use of the Software in which event CDKX shall continue to perform its obligations in respect of the Software. CDKX's obligations under this Agreement with regard to the Software shall also apply to any such new version or replacement thereof.
21.3.4 It is an essential term of this Agreement that CDKX shall (and CDKX hereby agrees to) make modifications, enhancements upgrades or further development from time to time of and on the Software at the request in writing by APL (which request must not be unreasonable and be within the scope of current and available technology and software on the market and relate to CDKX's development plan). CDKX undertakes to make complete, available and install the same on the Hardware such upgrade, modification, enhancement and development to the Software upon such reasonable request by APL within a reasonable time and as soon as possible.
Upgrades and Enhancements. So long as the Maintenance Fees provided ------------------------- for herein are paid in full, Vendor will make available and provide to the Licensee any and all modifications to the Software that (***) or (***) and corresponding Documentation as they are released at no additional charge, including all enhancements, upgrades, modifications, updates or corrections thereto, except to the extent any such modifications are customer specific development requests which are either owned by the customer or licensed exclusively to such customer.
