Common use of Software Upgrade Clause in Contracts

Software Upgrade. A Software Upgrade is the replacement of an older major version of an existing Pen-Link software product or products, with a newer major version of a Pen-Link software product or products, to the extent required to maintain the same operational functionality that was supported by the Pen-Link software prior to the upgrade. For example, upgrading from Pen-Link Version 7 to Pen-Link Version 8 (where 8 is the newer major version) would constitute a Software Upgrade, so long as the installation of the newer version of the Pen-Link Software supported at least the same operational functionality that the Count) had under Pen-Link version 7. Upgrades do not apply to new software products that Pen-link, Ltd. may release in the commercial market from time to time in the future. • Upgrades shall be performed when necessary to place an older major version of an existing software product with a newer major version of the same software product, or newer Pen- Link product with the same base functionality. • Upgrades shall not apply to new software products that may be released in the future, or to software products that are not included in the cost of this contract. Upgrades shall apply only to major new releases of the same, or functionally similar, software products that County purchased under the Original Contract.

Software Upgrade. A Software Upgrade is the replacement of an older major version of an existing Pen-Link software product or products, with a newer major version of a Pen-Link software product or products, to the extent required to maintain the same operational functionality that was supported suppo1ied by the Pen-Link software prior to the upgrade. For example, upgrading from Pen-Link Version 7 to Pen-Link Version 8 (where 8 is the newer major version) would constitute a Software Upgrade, so long as the installation of the newer version of the Pen-Pen­ Link Software supported at least the same operational functionality that the Count) had under Pen-Link version 7. Upgrades do not apply to new software products that Pen-link, Ltd. may release in the commercial co1mnercial market from time to time in the future. • Upgrades shall be performed when necessary to place an older major version of an existing software product with a newer major version of the same software product, or newer Pen- Link product with the same base functionality. • Upgrades shall not apply to new software products that may be released in the future, or to software products that are not included in the cost of this contract. Upgrades shall apply only to major new releases of the same, or functionally similar, software products that County purchased under the Original Contract.