Software Maintenance Agreements Sample Clauses

Software Maintenance Agreements. OEM may enter into Software Maintenance Agreements to extend the period of limited warranty coverage and maintenance to Customers who are licensed to use the Software or Private Label Software under a Software License Agreement pursuant to Section 7. OEM may do so only under a valid Software Maintenance Agreement containing substantially the identical terms as those set forth in Hyland's form of Software Maintenance Agreement, as it may be in effexx xxxx time to time. OEM may comply with this provision by using the form Software Maintenance Agreement provided by Hyland (attached hereto as Schedule C) or by preparing its own form of Software Maintenance Agreement that complies with the requirements of this Section. In the event OEM prepares its own form Software Maintenance Agreement for the Software or Private Label Software, prior to its use with any Customer, it shall submit such form to Hyland for approval, which approval shall not be unreasonably withheld. Hyland reserves the right to modify the Software Maintenance Agreement, Hyland reserves the right to specify that Warranty and Maintenance services provided to Customers by OEM is subject to restrictions to be stated in the Software Maintenance Agreement forms. Hyland shall establish the list prices for all Software Maintenance Fees, however, OEM shall have the right to set all prices charged to Customers.
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Software Maintenance Agreements. For each customer purchasing a license for the Products in the Territory, Toshiba and/or the Dealer Associates shall use its reasonable best efforts to persuade such customer to purchase annual or long-term software maintenance services under a software maintenance program. Such software maintenance services shall include updates and upgrades to the Vitrea®, Vitrea fX and other applicable Products that have been purchased by the customer, free of charge to the customer, for so long as Toshiba and/or Dealer Associate is current in its payment of fees for software maintenance services. Included in software maintenance services is the provision of updates, which are new versions of the products that include enhancements and upgrades and are released to Vital Images’ general installed base, and corrections, which are fixes to errors in the Products that are reported by Vital Images customers and are released to Vital Images’ general installed base. It is agreed between the parties that newly released options to Vitrea® or Vitrea fX except for those listed in Exhibit E and purchased by the customer, shall be excluded from such updates and upgrades, unless explicitly agreed between the parties. Provided, however, even after the Warranty Period (hereinafter defined in Section 9.1(a)), upon written request from Toshiba or its Dealer Associates for any particular end-user, for up to six (6) months after the expiration date of the Warranty Period, Vital Images shall, without charge, upgrade or update such end-user’s Product to its latest version available within the end-user’s Warranty Period, with downward compatibility. Further, regardless of whether a customer is under a warranty or software maintenance program, in the event Vital Images issues a correction related to a patient safety issue resulting in a product recall or similar governmental action, Vital Images shall provide such correction to the customers affected at no charge with prior written notice to Toshiba.
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Software Maintenance Agreements the various expressway monitoring system software maintenance agreements dated August 7, 2018 entered into between Zhejiang Information on the one hand and the Company and relevant subsidiaries of the Company (namely Shangsan Co, Hanghui Co, Jiaxing Co and Jinhua Co) on the other hand, pursuant to which the Company and certain of its subsidiaries agreed to purchase expressway monitoring system software maintenance services from Zhejiang Information “Group” the Company and its subsidiaries “Hanghui Co” Zhejiang Hanghui Expressway Co., Ltd.* ( 浙 江 杭 徽 高 速 公 路有限公司), a 88.674% owned subsidiary of the Company
Sample 1
Software Maintenance Agreements. While many software maintenance agreements include provisions for technical support and troubleshooting, these maintenance agreements generally represent the right to future releases, upgrades, updates, security patches, or other modifications or improvements. As such, most software maintenance agreements are subject to sales tax. Software agreements are not taxable provided that all of the following conditions are met:
Sample 1
Software Maintenance Agreements. For each customer purchasing a license for the Products in the Territory, Toshiba and/or the Dealer Associates shall use its reasonable best efforts to persuade such customer to purchase annual software maintenance services under a software maintenance program. Such software maintenance services shall include updates and upgrades to the Vitreaâ 2 and other applicable Products that have been purchased by the customer, free of charge to the customer. It is agreed between the parties that newly released options to Vitreaâ 2, except for those listed in Exhibit E and purchased by the customer, shall be excluded from such updates and upgrades, unless explicitly agreed between the parties. Provided, however, even after the Warranty Period (hereinafter defined in Section 8.1(a)), upon written request from Toshiba or its Dealer Associates, for up to six (6) months after the expiration date of the Warranty Period, Vital Images shall continue, without charge, to support and shall upgrade or update such Product to its latest version available within the Warranty Period, with downward compatibility. Further, for non-U.S. sales, after the expiration of such six-month post warranty grace period, Toshiba and/or its Dealer Associates may purchase the latest version of the Vitreaâ 2 for their customers at a price of $ , per each release. Notwithstanding the foregoing, if the Product has not been updated for no more than two (2) years after expiration of the Warranty Period, such Product may be upgraded or updated to its latest version for $ .
Sample 1
Software Maintenance Agreements. 9.4.1 Supplier has agreed to enter into, or to use its best efforts to cause applicable third parties, including but not limited to Major Subcontractors and Subcontractors (except that Supplier shall cause Xxxxx & Young LLP, a Subcontractor to Supplier through ABB), to enter into, certain Software Maintenance Agreements attached as Annex E and to provide certain services as specified therein, which are to become effective following the warranty period. The price for these services will be payable to Supplier or appropriate third parties, as applicable, upon the signing of this Contract or as otherwise agreed by the Parties.
Sample 1

Related to Software Maintenance Agreements

  • Software Maintenance Subrecipient shall apply security patches and upgrades in a timely manner and keep virus software up-to-date on all systems on which State data may be stored or accessed.

  • Maintenance Agreement The parties will abide by the terms of the Maintenance Agreement including the capacity to dispute the classification in accordance with the Maintenance Agreement (Information Appendix C).

  • Routine Maintenance (i) CRC shall be responsible for Routine Maintenance when necessary or desirable to maintain the Shared Assets in a safe operating condition, and to permit and facilitate (A) the performance by CRC of its obligations pursuant to this Agreement, and (B) the use of Shared Assets by the Operators in accordance with this Agreement.

  • Support and Maintenance Services Information about Teradici’s support and maintenance for the Licensed Product may be found at xxxxx://xxxx.xxxxxxxx.xxx.

  • Yield Maintenance Agreement The Trustee is hereby authorized and directed to, and agrees that it shall, enter into the Yield Maintenance Agreement on behalf of the Trust Fund.

  • Operation and Maintenance Manuals Receipts for transmittal of Operation and Maintenance Manuals, Brochures and Data to the Design Professional (or Commissioning Agent) as required by Section 6.1.1.5.

  • Software Modifications Company may request that BNYM, at Company’s expense, develop modifications to the software constituting a part of the Licensed System that BNYM generally makes available to customers for modification (“Software”) that are required to adapt the Software for Company’s unique business requirements. Such requests, containing the material features and functionalities of all such modifications in reasonable detail, will be submitted by Company in writing to BNYM in accordance with the applicable, commercially reasonable procedures maintained by BNYM at the time of the request. Company shall be solely responsible for preparing, reviewing and verifying the accuracy and completeness of the business specifications and requirements relied upon by BNYM to estimate, design and develop such modifications to the Software. BNYM shall have no obligation to develop modifications to the Licensed System requested by Company, but may in its discretion agree to develop requested modifications which it, in its sole discretion, reasonably determines it can accomplish with existing resources or with readily obtainable resources without disruption of normal business operations provided Company agrees at such time in writing to pay all costs and expenses, including out-of-pocket expenses, associated with the customized modification. BNYM shall be obligated to develop modifications under this Section 2.16 only upon the execution of and in accordance with a writing containing, to BNYM’s reasonable satisfaction, all necessary business and technical terms, specifications and requirements for the modification as determined by BNYM in its sole judgment (“Customization Order”) and Company’s agreement to pay all costs and expenses, including out-of-pocket expenses, associated with the customized modification (“Customization Fee Agreement”). All modifications developed and incorporated into the Licensed System pursuant to a Customization Order are referred to herein as “Company Modifications”. BNYM may make Company Modifications available to all users of the Licensed System, including BNYM, at any time after implementation of the particular Company Modification and any entitlement of Company to reimbursement on account of such action must be contained in the Customization Fee Agreement.

  • Support and Maintenance Where Licensee purchases support and/or maintenance services, Licensee’s initial support and/or maintenance term will begin upon delivery to Licensee of the Licensed Software and continue for one (1) year thereafter (or the length of the term if less than a year for any subscription/term license) unless otherwise specified in the applicable annual support and/or maintenance agreement, Product Order, or other written agreement executed between Licensor and Licensee. Where Licensee purchases support and/or maintenance for any Licensed Software, Licensee hereby agrees that it shall purchase such support and/or maintenance services for all of Licensee’s licensed units of such Licensed Software product. Support and/or maintenance services provided by Licensor will be subject to Licensor’s then current applicable standard annual support and/or maintenance agreement unless otherwise agreed by the parties in writing.

  • Software License Agreement 1) Customers acquiring software licenses under the Contract shall hold, use and operate such software subject to compliance with the Software License Agreement set forth in Appendix D of this Contract. No changes to the Software License Agreement terms and conditions may be made unless previously agreed to between Vendor and DIR. Customers may not add, delete or alter any of the language in Appendix D; provided however, that a Customer and Vendor may agree to additional terms and conditions that do not diminish a term or condition in the Software License Agreement, or in any manner lessen the rights or protections of Customer or the responsibilities or liabilities of Vendor. Order Fulfiller shall make the Software License Agreement terms and conditions available to all Customers at all times.

  • Vehicle Maintenance (a) The Company agrees to maintain all vehicles up to standards which will insure that the employees who operate such vehicles are not exposed to such hazards as arise out of lack of proper maintenance. Each employee who operates a Company vehicle bears the direct responsibility for its safe and proper operation. Each such employee is also responsible for reporting any malfunction of equipment, mechanical defect, and any accident involving the vehicle.

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