Common use of Functionality Replacement and Extended Support Clause in Contracts

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. 6.8.1 If the form, fit, or functionality contained in any Software product licensed products acquired hereunder is substantially reduced or if a Software the product is replaced, and/or Licensor Publisher provides the this same or substantially similar functionality under as a separate, repackaged, separate or renamed product, then the Licensee is entitled to use the license such substitute software without incurring at no additional license or maintenance 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. . 6.8.2 If following the period in which Licensor is Publisher or its Resellers are required to offer Support and Maintenance services, Licensor Publisher or its authorized Resellers shall have ceased providing Support and Maintenance services to Licensee (hereafter, the “"Unsupported Product “"), then Licensor Publisher or its authorized Resellers will deliver, at no additional cost to Licensee, a substitute Product which is generally available and is licensed by Licensor Publisher or its authorized Resellers to its other licensees and which provides equivalent features and functionality as the Unsupported Program. . 6.8.3 For a minimum period of one year from the date of productive use of the substitute product by the Licensee, Licensor Publisher or its authorized Resellers 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. . 6.8.4 The Licensor Publisher 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 D as a means of re-pricing or re-licensing such listed products. . 6.8.5 If Licensor Publisher repackages, re-bundles, renames or merges existing or new products having the same or similar function as the products listed in Exhibit 3D, Licensor Publisher shall provide updates, upgrades and new releases of said products under this Agreement at no additional cost. Licensor . 6.8.6 Publisher will give Licensee one hundred eighty (180) days advance written notice before Licensor discontinues Publisher or its authorized Resellers discontinue support of any Product. Maintenance and support services are covered in the agreement attached hereto as Exhibit 6.