Common use of Versions Clause in Contracts

Versions. Unless otherwise mutually agreed to in writing, for the Software licensed in Section 8.1.2 or 8.1.3, Contractor must, during the Project, maintain and implement any and all Proprietary Software and Third-Party Software products at their most current version or no more than one version back from the most current version at no additional charge. However, Contractor must not maintain any Proprietary Software and Third-Party Software versions, including one version back, if any such version would prevent the Department from using any Functions, in whole or in part, or would cause Deficiencies in the Module. Any additional costs that are charged by a Third-Party Software licensor or Contractor for an upgrade or Enhancement to a Third-Party Software product or the Proprietary Software are the sole responsibility of the Contractor and will be charged to and paid for by Contractor.