Common use of Software Update Service Clause in Contracts

Software Update Service. (1) This Service is always included in all Maintenance Service categories (Bronze, Silver and Gold Support). For each Simatic IT Software product within the scope of the Maintenance Services (as specified in the applicable LSDA) licensed and acquired by Customer directly or indirectly from SISW before the Maintenance Services activation, the Customer shall receive the latest Software Upgrades and Service Packs of the Simatic IT Software, provided that SISW generally distributes the applicable Simatic IT Software product versions. (2) Installation of the Software Updates is not included in the scope of any Maintenance Service. (3) The Customer is granted software licenses in the new Versions and Releases according to the Agreement, as amended herein. The applicable license type and software type shall be the license type and software type of the software product originally licensed to the Customer, and Section 2.7 (Maintenance Service Description) shall apply with regard to the new Version and Release. (4) Shipment is done by SISW typically within one month from the date when the Upgrade or Service Pack becomes generally available for shipment. (5) The scope of licenses granted with respect to Upgrades and Service Packs and the number of Upgrade and Service Pack media shall in no event exceed the scope of the licenses originally granted in the Simatic IT Software. (6) Subsections (1), (2), (5) of this section shall apply accordingly to Simatic IT Libraries for older Simatic IT versions within the scope of the Maintenance Services (as specified in the applicable LSDA).