FUNCTIONALITY ENHANCEMENTS Clause Samples

FUNCTIONALITY ENHANCEMENTS. 6.9.1 StarTraq, through its licensor, is able to develop Functionality Enhancements if required by the Customer.

FUNCTIONALITY ENHANCEMENTS. 7.5.1 StarTraq, through its licensor, is able to develop Functionality Enhancements if required by the Customer. 7.5.2 The following procedure shall be followed for Functionality Enhancements: 7.5.2.1 The Customer shall set out, in writing, the detailed business functionalities it requires, specifying: 7.5.2.1.1 the Software module to which such business functionality relates; 7.5.2.1.2 the urgency of such enhancement or addition; and 7.5.2.1.3 the number of Users that the Customer anticipates using the enhancement or addition. 7.5.2.2 StarTraq shall within 14 working days respond to the Customer in writing that: 7.5.2.2.1 it has received the request for an enhancement or addition; 7.5.2.2.2 what StarTraq’s understanding is of the Customer’s business functionality; 7.5.2.2.3 whether or not the current versions of the Software do or are able to have such functionality; 7.5.2.2.4 the Software module to which such enhancement or addition relates; 7.5.2.2.5 whether other customers have requested such enhancement or addition (and if so the previous outcome of such a request); and 7.5.2.2.6 whether it proposes to schedule the required enhancement or addition as a forthcoming Basic and/or Major Enhancement to be included in the Maintenance Services (and if so, the estimated release date), or whether it will quote separately for its development as a Functionality Enhancement. 7.5.2.3 The Customer shall confirm to StarTraq, in writing, that StarTraq has fully understood the necessary enhancement or addition and whether it requires a quotation from StarTraq for such development. 7.5.2.4 If the Customer requires a quotation StarTraq shall deliver a binding quotation to the Customer specifying amongst other items: 7.5.2.4.1 Nature of the enhanced functionality; 7.5.2.4.2 Time frame for delivery; 7.5.2.4.3 Price; 7.5.2.4.4 Any additional hardware required; 7.5.2.4.5 The period for which the quotation is valid; and 7.5.2.4.6 Any additional terms and conditions that might relate to the Functionality Enhancement. 7.5.2.5 The Customer may accept this quotation in writing within the time period for which the quotation is to be valid by written communication to StarTraq. 7.5.2.6 If the Customer accepts the quotation, StarTraq shall instruct its licensor’s software developers to begin with development as agreed.

FUNCTIONALITY ENHANCEMENTS. It is expected that the Licensor shall -------------------------- through the duration of this agreement continually enhance the Program's functionality (enhancements, revisions and versions) to remain among the leaders in their given field of technology as part of their normal course of business. Licensor will conduct quarterly meetings with HP to review their technology roadmap and delivery dates for such roadmap. At these meetings, HP will be able to provide input on the Licensor's technology roadmap. Licensor shall consider making commercially reasonable efforts in meeting the technology needs of HP for which HP has substantial dependency. HP and Licensor shall mutually agree on acceptance testing for any and each new program functionality. HP may, however, from time to time request significant functionality enhancements to the Program which are outside of the Licensor's technology roadmap or the roadmap's time frames. Licensor agrees to develop these enhancements if both parties agree to the enhancement proposal, which may provide for additional NRE payments by HP to Licensor. [*] Prior to commencing work, Licensor will provide HP with a written estimate of the total fee for the proposed enhancement and the final fee shall not exceed the estimate by more than fifteen percent (15%) unless mutually agreed to by HP and Licensor.

FUNCTIONALITY ENHANCEMENTS. Licensee may from time to time request significant functionality enhancements to a Program. If Licensor, in its sole and absolute discretion, agrees to develop any such enhancements, the parties shall enter into a mutually agreeable written SOW setting forth the terms and conditions of the development of such enhancements, which may provide for additional payments by Licensee to Licensor. The fee for any such enhancements shall be set forth in a SOW. Prior to commencing work, Licensor will provide Licensee with a written estimate of the total "not to exceed" fee for the proposed enhancement and the final fee shall not exceed the estimate by more than ten (10%) percent unless mutually agreed to by Licensee and Licensor.