Common use of Service and Maintenance Clause in Contracts

Service and Maintenance. The SOFTWARE Maintenance includes receiving new SOFTWARE versions and technical support. With the scope of technical support, users can address their questions to experienced engineers via phone or mail on weekdays during normal business hours. Only in the case of a valid maintenance contract, LICENSOR shall provide maintenance support service for the SOFTWARE. The maintenance support service term may be renewed for any program, at the then-current price, and for the then-applicable term, as long as LICENSOR offers such maintenance support service for such program. Such maintenance shall consist of best efforts to correct documented program errors appearing through use of the SOFTWARE; provided that the SOFTWARE has been used in the manner authorized by this EULA. Service with respect to a given program error will be provided after LICENSOR has received a written request from LICENSEE. LICENSOR's service obligation is limited: (i) to correcting the error and forwarding a corrected version of the SOFTWARE to LICENSEE; (ii) to providing an alternative method to circumvent the error; or (iii) to correcting the error in subsequent SOFTWARE releases. Updates to the SOFTWARE made generally available to other customers of LICENSOR will also be made available to LICENSEE. If LICENSOR investigates an error pursuant to this Section and such error is found to be caused by LICENSEE, data supplied by LICENSEE, operator error or misuse, or any other cause not inherent in the SOFTWARE, LICENSOR reserves the right to charge LICENSEE for such services at LICENSOR's then- current rates. Unless otherwise defined in the offer the maintenance period starts on the date the SOFTWARE has been delivered by LICENSOR to LICENSEE. LICENSEE may reinstate access to Annual Maintenance, provided such reinstatement is made for all licenses of a given licensed program held by LICENSEE. In case of subsequent deliveries, the first delivery counts. Update conditions for licenses without valid SOFTWARE maintenance: Any update to a newer version of a SOFTWARE is only permitted if (i) maintenance gaps (= periods without valid SOFTWARE maintenance) are closed retroactively or

Service and Maintenance. The In case of a rental license the SOFTWARE Maintenance includes receiving new SOFTWARE versions and technical support. With the scope of technical support, users can address their questions to experienced engineers via phone or mail on weekdays during normal business hours. Only In case of a perpetual license, only in the case of a valid maintenance contract, LICENSOR shall provide maintenance support service for the SOFTWARESOFTWARE as described above. The maintenance support service term may be renewed for any program, at the then-current price, and for the then-applicable term, as long as LICENSOR offers such maintenance support service for such program. Such maintenance shall consist of best efforts to correct documented program errors appearing through use of the SOFTWARE; provided that the SOFTWARE has been used in the manner authorized by this EULA▇▇▇▇. Service with respect to a given program error will be provided after LICENSOR has received a written request from LICENSEE. LICENSOR's service obligation is limited: (i) to correcting the error and forwarding a corrected version of the SOFTWARE to LICENSEE; (ii) to providing an alternative method to circumvent the error; or (iii) to correcting the error in subsequent SOFTWARE releases. Updates to the SOFTWARE made generally available to other customers of LICENSOR will also be made available to LICENSEE. If LICENSOR investigates an error pursuant to this Section and such error is found to be caused by LICENSEE, data supplied by LICENSEE, operator error or misuse, or any other cause not inherent in the SOFTWARE, LICENSOR reserves the right to charge LICENSEE for such services at LICENSOR's then- then-current rates. Unless otherwise defined in the offer the maintenance period starts on the date the SOFTWARE has been delivered by LICENSOR to LICENSEE. LICENSEE may reinstate access to Annual Maintenance, provided such reinstatement is made for all licenses of a given licensed program held by LICENSEE. In case of subsequent deliveries, the first delivery counts. Update conditions for licenses without valid SOFTWARE maintenance: Any update to a newer version of a SOFTWARE is only permitted if (i) maintenance gaps (= periods without valid SOFTWARE maintenance) are closed retroactively or

Service and Maintenance. The SOFTWARE Maintenance includes receiving new SOFTWARE versions and technical support. With the scope of technical support, users can address their questions to experienced engineers via phone or mail on weekdays during normal business hours. Only in the case of a valid maintenance contract, LICENSOR shall provide maintenance support service for the SOFTWARE. The maintenance support service term may be renewed for any program, at the then-current price, and for the then-applicable term, as long as LICENSOR offers such maintenance support service for such program. Such maintenance shall consist of best efforts to correct documented program errors appearing through use of the SOFTWARE; provided that the SOFTWARE has been used in the manner authorized by this EULA▇▇▇▇. Service with respect to a given program error will be provided after LICENSOR has received a written request from LICENSEE. LICENSOR's service obligation is limited: (i) to correcting the error and forwarding a corrected version of the SOFTWARE to LICENSEE; (ii) to providing an alternative method to circumvent the error; or (iii) to correcting the error in subsequent SOFTWARE releases. Updates to the SOFTWARE made generally available to other customers of LICENSOR will also be made available to LICENSEE. If LICENSOR investigates an error pursuant to this Section and such error is found to be caused by LICENSEE, data supplied by LICENSEE, operator error or misuse, or any other cause not inherent in the SOFTWARE, LICENSOR reserves the right to charge LICENSEE for such services at LICENSOR's then- current rates. Unless otherwise defined in the offer the maintenance period starts on the date the SOFTWARE has been delivered by LICENSOR to LICENSEE. LICENSEE may reinstate access to Annual Maintenance, provided such reinstatement is made for all licenses of a given licensed program held by LICENSEE. In case of subsequent deliveries, the first delivery counts. Update conditions for licenses without valid SOFTWARE maintenance: Any update to a newer version of a SOFTWARE is only permitted if (i) maintenance gaps (= periods without valid SOFTWARE maintenance) are closed retroactively or