Common use of Changes to the Software Clause in Contracts

Changes to the Software. Nextep may make new applications, features or functionality, for the Software available from time to time and revise Documentation, if any, that corresponds to such Software, including but not limited to, updates, bug fixes, enhancements, new version releases, and other improvements of the Software on an “as released” basis (“Software Changes”), with or without notice, the use of which may be contingent upon Customer’s agreement to additional terms and conditions applicable to such Software. To the extent that such Software Changes are required in order to (i) address a vulnerability in the Software identified by Nextep or (ii) remain compliant with applicable law, rule, or regulation, Customer shall be required to timely accept such Software Changes in accordance with the time frames provided by Nextep in its sole discretion. To the extent that such Software Changes are not required in accordance with the immediately-preceding sentence, Customer shall be entitled to determine when, and if, it chooses to accept such Software Changes; provided, however, Customer’s failure to timely accept the Software Changes may result in inoperability of the Software, and Nextep shall have no liability to Customer for any loss or damage resulting from Customer’s failure to timely accept such Software Changes. In addition, if Customer requests that Nextep perform custom Software

Changes to the Software. Nextep may make new applications, features or functionality, for the Software available from time to time and revise Documentation, if any, that corresponds to such Software, including but not limited to, updates, bug fixes, enhancements, new version releases, and other improvements of the Software on an “as released” basis (“Software Changes”), with or without notice, the use of which may be contingent upon Customer’s agreement to additional terms and conditions applicable to such Software. . To the extent that such Software Changes are required in order to (i) address a vulnerability in the Software identified by Nextep or (ii) remain compliant with applicable law, rule, or regulation, Customer shall be required to timely accept such Software Changes in accordance with the time frames provided by Nextep in its sole discretion. To the extent that such Software Changes are not required in accordance with the immediately-preceding sentence, Customer shall be entitled to determine when, and if, it chooses to accept such Software Changes; provided, however, Customer’s failure to timely accept the Software Changes may result in inoperability of the Software, and Nextep shall have no liability to Customer for any loss or damage resulting from Customer’s failure to timely accept such Software Changes. In addition, if Customer requests that Nextep perform custom Software