Common use of Upgrade Notification Clause in Contracts

Upgrade Notification. Cherwell shall provide Maintenance of the Licensed Software as defined and set forth in the Agreement. Cherwell shall provide Customer thirty (30) days advance notice prior to applying any updates, upgrades, patches, bug fixes and new releases or versions of the Licensed Software provided as part of Maintenance (each a “Maintenance Release”) to the Cherwell-hosted Licensed Software. Customer may opt out of a particular Maintenance Release, provided, however, that Customer agrees that it will not be able to decline or defer critical security patches and updates and Cherwell is free in its reasonable discretion to determine which Maintenance Releases are critical. Customer shall be responsible for applying Maintenance Releases to any locally installed portion of the Licensed Software.