Common use of MATERIAL FUNCTION Clause in Contracts

MATERIAL FUNCTION. A. In the event PROVIDER removes a material function ("Function") found in any Software licensed by PROVIDER to TAMUS hereunder ("Initial Software") from a subsequent version or release of such Software, whether such removal occurs via Support Services purchased by TAMUS for the Initial Software or otherwise, and that Function appears in another product ("Additional Software") PROVIDER makes commercially available, then TAMUS, at TAMUS's sole discretion and without forfeiting rights to Initial Software, shall be entitled to receive an equal quantity of licenses for the Additional Software as TAMUS had rights to the Initial Software at no additional license or Support Services charge provided that has purchased Support Services continuously from the date of license acquisition of the particular unit of Initial Software, until the time Additional Software is offered to TAMUS hereunder.

Appears in 2 contracts

Sources: Services Agreement, Services Agreement