Common use of Software Evolution Clause in Contracts

Software Evolution. ‌ In the event that Supplier or Software Publisher merge or splinter the Software previously provided to VDH, Supplier shall not charge VDH additional support fees in order to receive enhancements, releases, upgrades, or support for the Software. If Supplier or Software Publisher reduces or replaces functionality contained in a licensed Software product and provides the same or substantially similar functionality as or within a separate or renamed Software product, then the Commonwealth or VDH will be entitled to license such Software product at no additional license or maintenance fee, and subject to the terms and conditions in this Contract. If Supplier or Software Publisher releases an option, future Software product, or other release that has substantially the same functionality as the Software products provided under this Contract, and the Software Publisher, or Supplier, or both, ceases to provide Maintenance Services for the older Software product, then Supplier shall offer the Commonwealth or VDH the option to exchange licenses for such replacement Software product or function at no additional charge.‌

Software Evolution. ‌ In the event that Supplier or Software Publisher merge or splinter the Software previously provided to VDHVDOT, Supplier shall not charge VDH VDOT additional support fees in order to receive enhancements, releases, upgrades, or support for the Software. If Supplier or Software Publisher reduces or replaces functionality contained in a licensed Software product and provides the same or substantially similar functionality as or within a separate or renamed Software product, then the Commonwealth or VDH VDOT will be entitled to license such Software product at no additional license or maintenance fee, and subject to the terms and conditions in this Contract. If Supplier or Software Publisher releases an option, future Software product, or other release that has substantially the same functionality as the Software products provided under this Contract, and the Software Publisher, or Supplier, or both, ceases to provide Maintenance Services for the older Software product, then Supplier shall offer the Commonwealth or VDH VDOT the option to exchange licenses for such replacement Software product or function at no additional charge.‌charge.