EXTENDED SOFTWARE MAINTENANCE Clause Samples

EXTENDED SOFTWARE MAINTENANCE. After the expiration of the Software Warranty for the Software, Customer may obtain continued Software Maintenance ("Extended Software Maintenance") by paying QUALCOMM's then current annual Extended Software Maintenance fee for each Software product licensed under this Agreement calculated at fifteen (15%) of the then list price for the licensed Software product (the "Annual Maintenance Fee"). After the expiration of the Software Warranty Period, Customer may elect to obtain QUALCOMM's Extended Software Maintenance by paying the first Annual Maintenance Fee. QUALCOMM will invoice Customer for the first Annual Maintenance Fee one (1) month prior to expiration of the Software Warranty Period. Thereafter, the Annual Maintenance Fee shall be due and payable annually within thirty (30) days after the anniversary of the expiration of the Software Warranty Period. QUALCOMM reserves the absolute right to terminate the Extended Software Maintenance without prior notification to Customer in the event that Customer has not paid the applicable charges in accordance with this Section. QUALCOMM's Extended Software Maintenance shall be limited to support to the current version and the immediately previously released version of the Software. If QUALCOMM fails to fulfill its Extended Software Maintenance obligations as set forth herein, the Customer's sole and exclusive remedy is the right to terminate the Extended Software Maintenance immediately for the Software and QUALCOMM shall refund to Customer any prepaid fees, prorated based upon a thirty (30) day month, beginning from the effective date of such termination.