Common use of Updates and Additions to Web Clipping Software Clause in Contracts

Updates and Additions to Web Clipping Software. Provided that Licensee has paid Palm the maintenance and support fees due under Section 4.1, during the term of this Agreement Palm shall deliver to Licensee any Web Clipping Application and any Updates thereto as soon as reasonably possible after completion, but not later than thirty (30) business days after Palm's general releases thereof or Palm's release thereof to any other licensee. Upon delivery of such Updates to Licensee, the licenses granted to Licensee pursuant to Section 2 above shall be deemed to include such Updates. Any Web Clipping Application delivered to Licensee hereunder shall be deemed part of the Palm OS under this Agreement, and upon any such delivery the licenses granted to Licensee pursuant to Section 2.1 above shall be deemed to include such Web Clipping Application. For the purposes of this Agreement, "Web Clipping Application" means a web clipping software application developed by Palm during the term hereof that (i) is not embedded in the Palm OS, (ii) is not developed on a custom or exclusive basis for any third party, and (iii) contains functionality similar to the functionality of the Web Clipping Software included in the Palm OS as of the Effective Date.

Appears in 2 contracts

Sources: Software License Agreement (Omnisky Corp), Software License Agreement (Omnisky Corp)