Common use of Software Maintenance Services Clause in Contracts

Software Maintenance Services. (a) Where the Order Acceptance states that the Purchaser is ordering Software Maintenance Services, the terms of this Condition 25 shall apply. (b) In consideration of payment by the Purchaser of the Software Maintenance Fees, the Company shall provide the software maintenance services specified in the Order Acceptance (“Software Maintenance Services”) in respect of the Software specified in the relevant Order Acceptance only. (c) The Software Maintenance Services shall commence on the Commencement Date and shall continue for an initial period of 12 months or such other period as is specified in the Order Acceptance (“Initial Software Maintenance Period”). The Software Maintenance Services shall automatically renew for subsequent periods of 12 months (each 12 month period being a “Renewal Software Maintenance Period”) unless either Party gives not less than 60 days’ notice in writing prior to the end of the Initial Software Maintenance Period or then current Renewal Software Maintenance Period (as applicable) that it wishes to terminate the Software Maintenance Services, in which case the Software Maintenance Services shall terminate at the end of the Initial Software Maintenance Period or then current Renewal Software Maintenance Period (as applicable). (d) The Company shall not be liable for any failure to perform or comply with its obligations under this Agreement, or otherwise be liable to the Purchaser for any loss or damage suffered by the Purchaser, where such failure, loss or damage is caused in whole or in part by the Purchaser’s failure to purchase and install the maximum number of Software updates and releases from time to time offered by the Company as part of its software maintenance offerings.

Software Maintenance Services. (a) Where the Order Acceptance states that the Purchaser is ordering Software Maintenance Services, the terms of this Condition 25 shall apply. (b) In consideration of payment by the Purchaser of the Software Maintenance Fees, the Company shall provide the software maintenance services specified in the Order Acceptance (“Software Maintenance Services”) in respect of the Software specified in the relevant Order Acceptance only. (c) The Software Maintenance Services shall commence on the Commencement Date and shall continue for an initial period of 12 twelve (12) months or such other period as is specified in the Order Acceptance (“Initial Software Maintenance Period”). The Software Maintenance Services shall automatically renew for subsequent periods of 12 twelve (12) months (each 12 twelve (12) month period being a “Renewal Software Maintenance Period”) unless either Party gives not less than 60 sixty (60) calendar days’ notice in writing prior to the end of the Initial Software Maintenance Period or then current Renewal Software Maintenance Period (as applicable) that it wishes to terminate the Software Maintenance Services, in which case the Software Maintenance Services shall terminate at the end of the Initial Software Maintenance Period or then current Renewal Software Maintenance Period (as applicable). (d) The Company shall not be liable for any failure to perform or comply with its obligations under this Agreement, or otherwise be liable to the Purchaser for any loss or damage suffered by the Purchaser, where such failure, loss or damage is caused in whole or in part by the Purchaser’s failure to purchase and install the maximum number of Software updates and releases from time to time offered by the Company as part of its software maintenance offerings.