Replacement Software Clause Samples
The Replacement Software clause defines the terms under which one party may provide substitute software if the original software becomes unavailable, defective, or otherwise unsuitable. Typically, this clause outlines the conditions that trigger the need for replacement, such as software obsolescence, security vulnerabilities, or failure to meet performance standards, and may specify requirements for the replacement software to be of equal or greater functionality. Its core practical function is to ensure business continuity and minimize disruption by guaranteeing that the user will have access to functional software even if the original product can no longer be used.
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Replacement Software. If any particular Licensed Software is -------------------- subject to a Claim, or Altiris reasonably believes that the Licensed Software may become subject to a Claim, then Altiris may, at its sole option and expense do one of the following: (i) obtain an appropriate license to allow continued use of the Licensed Software in question in accordance with this Agreement; (ii) replace such Licensed Software with non-infringing software of substantially equivalent or better functions and efficiency; or (iii) if Altiris in its sole discretion believes that either of the foregoing options is not commercially practical, terminate Compaq's right to use or distribute such Licensed Software, in which case Altiris shall refund the amount Compaq previously paid to Altiris for the use by Compaq of such Licensed Software, less a portion thereof to account for the period of use. The portion shall be a pro-rated portion based on a four (4)-year useful life. For example, if the period of use is three years, then the portion refunded shall equal 25%. The obligations and rights in this Section 10.5(b) are in addition to, and not exclusive of, those in Section 10.5(a).
Replacement Software. Promptly following its use of any Updates, Bug Fixes or other replacement software as designated by OSIsoft and accepted by Licensee (“Replacement Software”), except for archival copies, Licensee will return or destroy the OSIsoft Software replaced by the Replacement Software. Licensee will not receive any credit for software replaced by Replacement Software.
Replacement Software. If Tanium introduces a successor product (“Replacement Software”) with substantially the same features and functionality as the original Licensed Software, and Customer has purchased and is entitled to Support Services for the original Licensed Software as of the date Tanium offers the Replacement Software to customers, then Customer shall be entitled to receive, upon request, the Replacement Software (without additional charge) and Support Services thereon. Customer must de-install and destroy the original Licensed Software.
Replacement Software. If we provide software which replaces all or part of the Software, the licence described in clause 2 will cover you to use it, from the date you first use the replacement software. To allow a smooth changeover to the replacement software, you may continue to use both the Software and the replacement software for three months, then the licence to use the original Software will stop and only cover the replacement software, and the wording of clause 15 (about returning the Software) will apply to the original Software.
Replacement Software. If any portion of the Developer Materials is held, or in YouNow’s reasonable opinion is likely to be held, to infringe or misappropriate a third party’s intellectual property rights, or use of the Developer Materials is otherwise enjoined, then YouNow may at its sole option and expense, within a commercially reasonable period of time: (i) procure for PeerStream the right to continue using the Developer Materials; (ii) modify or replace the Developer Materials so that they are non-infringing; or (iii) in the event that neither of the foregoing is reasonably practicable, terminate this Agreement.
Replacement Software. If we provide software which replaces all or part of the software, the licence described in paragraph 4 will cover you to use it, from the date you first use the replacement software. To allow a smooth changeover to the replacement software, you may continue to use both the software and the replacement software for three months. Then the licence to use the original software will stop and only cover the replacement software, and the wording of paragraph 10d (about returning the software) will apply to the original software.
Replacement Software. If Tanium introduces a successor product (“Replacement Software”) with substantially the same features and functionality as the original Licensed Software, and Customer has purchased and is entitled to Support Services for the original Licensed Software as of the date Tanium offers the Replacement Software to customers, then Customer shall be entitled to receive, upon request, the Replacement Software (without additional charge) and Support Services thereon. Customer must de-install and destroy the original Licensed Software. Any Replacement Software will be pre-approved by DIR contract Manager and will be reflected in Appendix C Pricing Index of Contract No. DIR-TSO-4315.
Replacement Software. In the event that the [**] is damaged or destroyed, Amdocs shall provide an additional copy of the [**] for the cost of replacement media plus reasonable administrative and postage charges.
Replacement Software. If your supplier is an appropriately accredited Sage business partner, we will provide them with replacement software, so long as they have entered into the necessary contractual arrangements with us. You should contact your supplier regarding your contractual arrangements with them for receiving replacement software. If you receive replacement software which replaces all of the software, from the date you install the replacement software, your licence to use the software will stop and be replaced with a licence to use the replacement software. To allow you to decide whether you want to change to the replacement software, and a smooth change over if you do, you may continue to use both the software and the replacement software for up to 3 months.
Replacement Software. If any portion of the Developer Materials is held, or in PropCo’s reasonable opinion is likely to be held, to infringe or misappropriate a third party’s intellectual property rights, or use of the Developer Materials is otherwise enjoined, then PropCo may at its sole option and expense, within a commercially reasonable period of time: (i) procure for AppCo the right to continue using the Developer Materials; (ii) modify or replace the Developer Materials so that they are non-infringing; or (iii) in the event that neither of the foregoing is reasonably practicable, terminate this Agreement.