Maintenance Upgrades. The Customer shall be given access to new versions and service releases of the Software as soon as these become available. Updates are released according to potential needs, where the needs shall be assessed by Xxxxx depending on what the changes contain. Examples of changes in new versions and updates might be: • Fault corrections in the Software as a result of reports received from the Customers. • Changes to the Software as the result of preventive maintenance. • Changes in the functionality of the Software because of wishes expressed by the Customers. • Reprogramming as a consequence of a desired change to the structure of the Software or new drivers etc. • General improvements/changes in the Software. Each new version of the Software will be accompanied by an installation guide in electronic format. Normally, a description of changes in the new version compared to the earlier versions will also be provided.
Maintenance Upgrades. 6.1 Service provider shall maintain and upgrade the software/ hardware during the contract period so that the software/ hardware shall, at all times during the contract period, meet the performance requirements as set forth in this Agreement. Service Provider shall, at no cost to the Bank, promptly correct any and all errors, deficiencies and defects in the software/ hardware.
Maintenance Upgrades. During the Term of this Agreement and subject to these terms and conditions and Licensee's continuing compliance herewith, Licensee shall be entitled to: (i) receive and benefit from all Maintenance Licenses at no extra charge or cost, (ii) receive all Upgrades for the Software from COREL; and (iii) install copies of any such Upgrades to replace copies of prior releases of the Software.
Maintenance Upgrades. Customer shall receive bug-fixes and software enhancements to the Software Service, and all new releases commensurate with their Subscription Level, as designated by Iron Mountain at its own reasonable discretion, and at no additional charge to the Customer.
Maintenance Upgrades. The Kiosks will be maintained by Licensee and will be inspected by Licensee as often as required to keep the Kiosks and the equipment used in the Business in first class condition. The term “first class condition” will mean that Licensee will maintain the Kiosks and operate the Business at a level that is equal or exceeds any similar type of business operated from a kiosk or cart in the Central Florida area. To maintain such level, Licensee will be required to update the equipment, Kiosks and appearance to a level that is considered to be “state of the art” for such business operation. Any replacements made by Licensee will be of like size, kind and quality to the items replaced as they existed when originally installed and will be subject to UCDP’s approval. If Licensee fails to perform its obligations under this Section, UCDP may, at its sole option, perform such obligations and UCDP shall have the right and Licensee authorizes UCDP to deduct from the Gross Revenues prior to paying Licensee’s Share to Licensee, the cost thereof plus interest thereon from the date of such expenditure at the lesser of eighteen percent (18%) per annum or the maximum rate permitted by law. Notwithstanding the foregoing, on or before the expiration of the twenty-fifth (25th) month of the Initial Term and on or before the expiration of each twenty-fifth (25th) month thereafter throughout the Term. Licensee will refurbish and replace all worn surfaces, fixtures and equipment used in the Business so as to restore the Kiosks to a “like new” condition. Licensee will submit its plans to UCDP for such refurbishment and repair at the end of each twenty-three (23) consecutive month period following each refurbishment and repair work required hereunder. UCDP will review and either approve such plans or advise Licensee of such additional work as may be required to comply with the refurbishment requirement hereunder. The foregoing refurbishment requirement is of material and significant importance to UCDP in entering into this Agreement with Licensee. If Licensee will fail to abide by the foregoing schedule or fail to make such refurbishment and repairs as approved or requested by UCDP, then UCDP, in addition to any other rights contained herein (including the right to make such refurbishment and/or repairs on Licensee’s behalf as provided above), will have the immediate right to terminate this Agreement upon ten (10) days notice to Licensee.
Maintenance Upgrades. In consideration of Customer's payment of the Annual Maintenance Fee set forth in Schedule A, DBI shall provide support, at a minimum between the hours of 9:00 a.m. and 5:00 p.m. Central Time, (call 000-000-0000 x000, email xxxxxxx@xx-xxxxxxxxxxx.xxx, or, for fastest service contact DBI support via xxx.xx-xxxxxxxxxxx.xxx/xxxxxxx.xxx), individual Patches, Releases, Enhancements, and new Versions to the Software so long as Customer is in compliance with the terms of this Agreement. DBI will generally provide Patches to the Software when required by operating system and/or database manager system (DB2 or Oracle) within one-hundred eighty (180) days of new software version general announcement ("GA") date. Customer may terminate such support and maintenance service at any time upon providing DBI with thirty (30) days' prior written notification and such termination shall not affect Customer's license or the remainder of this Agreement which shall remain in full force and effect. In the event Customer terminates such support and maintenance service, Customer shall not be entitled to a pro-rata refund for any portion of such Annual Maintenance Fee which has already become due or for which Customer has already paid. In order to keep in effect the maintenance services under this Agreement, Customer must timely pay an Annual Maintenance Fee each year. If Customer fails to pay the Annual Maintenance Fee for one or more years and later desires to re-establish maintenance services from DBI under this Agreement, (i) Customer must first pay the Annual Maintenance Fee for all prior, unpaid years, plus a 25% reinstatement fee, and (ii) Customer and DBI must agree in writing to such resumption of maintenance services. DBI’s maintenance price protection policy provides that annual maintenance fees will not increase from year to year by more than 2%, provided that Customer’s maintenance payments are timely received when due; If any Customer maintenance payment is received past due (after the due date), DBI, at its discretion, may increase Customer’s Annual Maintenance Fee by up to 20%.
Maintenance Upgrades. (a) Subject to the terms and conditions of this Agreement and the documents remitted at time of sale, and conditioned on Licensee's compliance therewith, during the Term, Provider will provide to Licensee support services (the "Services") in accordance with the Provider's description of support services described on Exhibit and thereafter, solely if Licensee renews the Services and pays the applicable Fees. Any additional services, including consulting, may be provided as set forth in an additional invoice and for such Fees as designated therein. The Services shall automatically renew for another term unless Licensee provides Licensor at least 90 days advance written notice of Licensee’s intention to terminate the Services.
Maintenance Upgrades
