Functionality Replacement and Extended Support Sample Clauses
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Functionality Replacement and Extended Support. If the form, fit, or functionality contained in any Software product acquired hereunder is substantially reduced or if a Software product is replaced, and/or Licensor provides the same or substantially similar functionality under a separate, repackaged, or renamed product, then the Licensee is entitled to use the substitute software without incurring additional license fees. Updates, upgrades and new releases shall be provided by Licensor, provided that Licensee continues to pay maintenance fees at the same rate previously established. The Licensee shall be entitled to buy additional licenses of the replacement software at pre-negotiated discounted rates, if such discounts were secured in an option. If following the period in which Licensor is required to offer Support and Maintenance services, Licensor shall have ceased providing Support and Maintenance services to Licensee (hereafter, the “Unsupported Product “), then Licensor will deliver, at no additional cost to Licensee, a substitute Product which is generally available and is licensed by Licensor to its other licensees and which provides equivalent features and functionality as the Unsupported Program. For a minimum period of one year from the date of productive use of the substitute product by the Licensee, Licensor shall extend support to the Licensee for the substitute product under either (a) the same terms and conditions as were originally offered or provided to the Licensee in the original license or support agreement for the unsupported product; or (b) the same terms and conditions as are offered to its other licensees for the substitute product. The choice of support terms will be at the discretion of the Licensee. The Licensor is prohibited from repackaging, re-bundling, renaming or merging existing or new products having the same or similar function as the products listed in Exhibit 3 as a means of re-pricing or re-licensing such listed products. If Licensor repackages, re-bundles, renames or merges existing or new products having the same or similar function as the products listed in Exhibit 3, Licensor shall provide updates, upgrades and new releases of said products under this Agreement at no additional cost. Licensor will give Licensee one hundred eighty (180) days advance written notice before Licensor discontinues support of any Product. Maintenance and support services are covered in the agreement attached hereto as Exhibit 6.
Functionality Replacement and Extended Support. If Licensor removes any or all of the material features or functionality to which DOD is being granted access hereunder from the Software without introducing replacement or substitute functionality such that the Software no longer performs its core operations as when initially released and Licensor subsequently offers substantially similar features, functionality, and pricing in a new or different product (Replacement Product whether directly or indirectly or through a third party), then upon request by DOD the License will be deemed to include (i) the portion of those new or different products that contain the original features, or (ii) if those features cannot be separated out, the entire Replacement Product will be provided to DOD under the terms of this Agreement at no additional charge to DOD provided the purchased software support agreement is current and DOD will cease use of the original software licenses once use of the Replacement product has begun. MFGS cannot provide license upgrades for software with expired software agreements. If the Software provided to DOD is updated as replacement, renamed or re-branded applications or products for any reason, then DOD shall be entitled to the same license to use the replacement, renamed or re-branded product as DOD had with respect to the Software that DOD had immediately prior to such replacement, renaming or re-branding, at no additional charge to DOD so long as
Functionality Replacement and Extended Support. If Licensor removes any or all of the material features or functionality to which DoD is being granted access hereunder from the Software without introducing replacement or substitute functionality such that the Software no longer performs its core operations as when initially released and Licensor subsequently offers those features or functionality in a new or different product (whether directly or indirectly or through a third party), then upon request by DoD the License will be deemed to include (i) the portion of those new or different products that contain the original features, or (ii) if those features cannot be separated out, the entire product, or (iii) another reasonable substitute as determined by DoD, will be provided to DoD under the terms of this Agreement at no additional charge to DoD. If the Software provided to DoD is updated as replacement, renamed or re- branded applications or products for any reason, then DoD shall be entitled to the same license to use the replacement, renamed or re-branded product as DoD had with respect to the Software that DoD had immediately prior to such replacement, renaming or re-branding, at no additional charge to DoD so long as (a) the new applications or products are functionally equivalent, at a minimum, and the same conditions of use apply as to the Software and (b) Licensor ceased or has advised DoD that Licensor intends to cease supporting the initial Software while DoD was still purchasing Maintenance and Support for such Software. If the form, fit, or functionality contained in any licensed products acquired hereunder is substantially reduced or if the product is replaced, and/or the Licensor provides the same or substantially similar functionality as a separate or renamed product, then the DoD is entitled to license such software without any additional license requirements or additional maintenance fees. However, throughout the term of this agreement, the Licensor will provide support services for at least a period of one year after the publisher declares an “end-of life” to the software.
Functionality Replacement and Extended Support. If the form, fit, or functionality contained in any licensed products acquired hereunder is substantially reduced or if the product is replaced, and/or (the contractor), provides this same or substantially similar functionality as a separate or renamed product, then the DoD is entitled to license such software at no additional license or maintenance fees. However, throughout the term of this agreement, the contractor will provide support services for a period of one year.
Functionality Replacement and Extended Support. If the form, fit, or functionality contained in any licensed products acquired hereunder is substantially reduced or if the product is replaced, and/or (the contractor), provides this same or substantially similar functionality as a separate or renamed product, then the GSA/FAS/SmartBUY PMO and the DoD/ESI are entitled to license such software at no additional licenses or maintenance fees. However, throughout the term of this agreement, the contractor will provide support services for a period of one year.
Functionality Replacement and Extended Support. If Publisher removes any or all of the material features or functionality to which DoD is being granted access hereunder from the Software without introducing replacement or substitute functionality such that the Software no longer performs its core operations as when initially released and Publisher subsequently offers those features or functionality in a new or different Licensed Software (whether directly or indirectly or through a third party), then upon request by DoD the License will be deemed to include (i) the portion of those new or different Licensed Software that contain the original features for the remainder of the then current paid Licensed Term for the affected Software, or
Functionality Replacement and Extended Support. If, during the term of this Agreement, (i) Publisher discontinues support or renewals for any Product licensed to DoD hereunder (the “Discontinued Product”), and (ii) the functionality of the Discontinued Product is repackaged into another Publisher Product (the “New Product”), and
Functionality Replacement and Extended Support. If Licensor removes any or all of the material features or functionality to which DoD is being granted access hereunder from the Product without introducing replacement or substitute functionality such that the Product no longer performs its core operations as when initially released, and Licensor subsequently offers those features or functionality in a new or different product (whether directly or indirectly or through a third party), then upon request by DoD the License will be deemed to include (for the remainder of the then‐current license term)
(i) the portion of those new or different products that contain the original features, or (ii) if those features cannot be separated out, the entire product, or (iii) another reasonable substitute as determined by DoD, will be provided to DoD under the terms of this Agreement at no additional charge to DoD. If the Product provided to DoD is updated, renamed or re‐branded for any reason, then DoD shall be entitled to the same license to use (for the remainder of the then‐current license term) the replacement, renamed or re‐branded product as DoD had with respect to the Product that DoD had immediately prior to such replacement, renaming or re‐branding, at no additional charge to DoD so long as (a) the new applications or products are functionally equivalent, at a minimum, and the same
Functionality Replacement and Extended Support. If the form, fit, or functionality contained in any perpetual licensed products acquired hereunder is substantially reduced or if the product is replaced, and/or (the contractor), provides this same or substantially similar functionality as a separate or renamed product, then the DoD is entitled to license such software at no additional licenses or maintenance fees. Minitab Inc. will provide to you, at no additional charge, reasonable amounts of technical support, routine maintenance and all program updates as they become available for so long as this current Software version is widely distributed by Minitab Inc., and for one (1) year thereafter.
Functionality Replacement and Extended Support. Without prejudice to Red Hat’s right to determine Product planning and Product lifecycles, if Red Hat reduces or replaces the functionality contained in any Product ordered under this Agreement and provides this functionality as a separate or renamed product during the term of this Agreement, Red Hat shall permit its authorized distributor to incorporate the new or revised product at no additional cost until the expiration of the then current subscription term of the original Product purchased by the Client.