New Software. If Xenogen makes available to third parties any new software suitable for use with in vivo imaging (“New Software”), Xenogen shall make the New Software available to IRM and Permitted Users on terms and conditions at least as favorable as the terms and conditions agreed to by any commercial entity that has in place a Commercial Use License to the *** Confidential Treatment Requested Xenogen Monitoring Technology, for similar quantities of New Software within six (6) months of when the New Software becomes available to IRM and Permitted Users.
New Software. 2.5.1 In the event that software is developed in the Penn labs of Drs. Xxxxx, XxXxxxx or Xxxxx that is a modification, improvement or enhancement to the Penn Software, Penn shall notify Licensee within 45 days after becoming aware of such development. Licensee shall within 30 days notify Penn that Licensee desires to obtain a license to such software. If Licensee so elects, then Penn and Licensee shall promptly thereafter negotiate in good faith for Licensee to take a license such software under terms substantially the same as those set forth herein; provided, however, that no additional consideration shall be payable to Penn in connection therewith. Notwithstanding the foregoing sentence, Penn reserves the right to renegotiate in good faith the consideration payable to Penn as it pertains to such software as may be required to protect Penn’s tax exempt status under the provisions of the Tax Reform Act of 1986.
New Software. IT&S may, in its sole discretion, migrate to new Software (“New Software”) to replace any IT&S Software or Third Party Software which shall be offered to Customer by IT&S at a price to be determined as set forth below at the time of such offering; provided, however that the New Software (1) shall provide substantially all of the functionality as the Software that it replaces and (2) shall be suitable for use in Customer’s distributed environment and shall be implemented in a manner that permits it to function effectively in Customer’s distributed environment (i.e., shall not require a centralized approach). If Customer elects not to implement the New Software, IT&S shall continue to support the Software that it was intended to replace during the Section 3(d) Period (as defined below) for the fees and charges not to exceed the fees and charges determined in accordance with Schedule B this Agreement and Customer may elect to continue to use the old Software for some or all of the Section 3(d) Period. The Section 3(d) Period shall be the longer of (A) forty-eight (48) months after the initial notification to Customer by IT&S of its final decision to migrate to New Software or (B) twenty-four (24) months after all of the HCA Entities have fully implemented the New Software. Notwithstanding the foregoing, if the change to New Software is due to either the full discontinuation of support of any Third Party Software (without a migration path to a new version or replacement software that is both commercially reasonable and fits within IT&S’s strategic plan as documented in its annual plans and discussed in its quarterly meetings attended by a Customer representative) or the termination or non-renewal of any Third Party Software other than as a consequence of breach by IT&S (each a “Complete Sunset”), the Section 3(d) Period shall end when the vendor of such Third Party Software stops providing support for it or when the license terminates or expires. IT&S shall notify Customer as soon as IT&S knows of any Complete Sunset and shall assist Customer with transition as requested by Customer. Customer may also at any time elect to use software not provided by IT&S instead of the New Software regardless of whether it has elected to continue use of the old Software for some or all of the Section 3(d) Period . IT&S shall, if requested by Customer, provide Additional Services (for which additional amounts may be charged pursuant to Section 3(a)) to Customer to assist with ...
New Software. CHSPSC may, in its sole discretion, migrate to new Software (“New Software”) to replace any CHSPSC Software or Third Party Software which shall be offered to Customer by CHSPSC at a price to be determined by CHSPSC below at the time of such offering. If the Customer elects not to purchase such New Software, CHSPSC shall, at its option, either (1) continue to support the current Software utilized by Customer at prices to be reasonably determined by CHSPSC, or (2) permit Customer to contract with a third party to obtain support for the current Software utilized by Customer. The Customer shall make such election within 60 days after CHSPSC provides an offer describing such New Software and specifying the pricing for same.
New Software. New Software in object code form only shall be provided by Aironet to Telxon at reasonable negotiated prices and terms, not to exceed the prices charged, and on terms no less favorable than those extended, to its most favored customers for similar works or deliverables. Aironet will use its reasonable best efforts to (i) make available under this Section 4.2 no later than March 31, 1999, fully functional access point software in object code form only, which, without limitation, supports 802.11, developed on a commercially available real time operating system and (ii) assist Telxon in its porting to the real time operating system referred to in clause (i) of any improvements, additions, or modifications made by or for Telxon to the 802.11 Supported Access Point Software, and Telxon shall pay Aironet for such assistance at Aironet's cost plus fifty percent (50%).
New Software. Any new Software to be used in connection with Services after the Statement of Work Effective Date shall only be added to the Statement of Work using the Change Control Procedures and shall be subject to the terms and conditions applicable to such Software as set forth herein or as may be otherwise mutually agreed in the Change Control Procedures.
New Software. 8.1. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ :
New Software. Royalties for New Software shall remain on a per copy basis in accordance with the terms of the Agreement.
New Software. The Licensed Programs include only (i) the current versions of such programs as of the Effective Date of this Agreement or the Effective Date of any subsequent Addendum, and (ii) enhancements, modifications or revisions to such programs prepared by DCL pursuant to an Addendum to this Agreement. Any new DCL software or revisions to the Licensed Programs which provide significant functional capabilities over and above those of the Licensed Programs other than revisions prepared for CCC pursuant to this Agreement or an applicable Addendum ("New Software") shall be considered outside the terms of this Agreement; the two parties may agree that DCL will license such New Software to CCC by execution of a new Addendum to this Agreement. In such an event, such license will be at terms no less favourable than licenses granted for the corresponding function to any other DCL licensees.
New Software. These provisions are very strict. It may be inappropriate or impractical to expect ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ . ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ . ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■
