Common use of Maintenance and Updates Clause in Contracts

Maintenance and Updates. Roche will maintain the System by providing software Updates (defined below) and enhancements to Licensee. All software Updates and enhancements provided to Licensee by Roche shall also be subject to the terms and conditions of the Software License Agreement then in effect between the parties. Updates will be provided on an as-available basis and include the items listed below (collectively “Updates”): (1) Software defect patches and updates, (2) Performance enhancements to Covered Software, (3) Enhancements to keep current with releases, includes third-party software provided by Roche but does not include hardware vendor operating systems and other system software. (4) Select additional web dashboard elements, reports, and other informatics-based functionality, (5) Minor software releases (“Dot Releases”) providing additional software functionality to the system, and (6) Updates to the current configuration of the System. Updates do not include additional modules that are not configured with the current system. Software patches and Updates will either be installed by Roche or provided along with detailed installation instructions, and release notes, as needed. Software patches and Updates may be downloaded to the server automatically or manually. Communication of all available Updates will be provided to Licensee. If requested, Roche will provide on-site assistance in the installation of Updates on a time and materials basis, plus expenses.