Software Upgrades and Support. 5.1 Upgrades and support (a) Where the Licensee has paid the requisite Licence Fee, and not paid the Software Upgrade and Support Fee described at Item 7 on the terms given in clause 5.2, BMT is not obligated to provide the Licensee with any Software Bug fixes to the TUFLOW Software. (b) Where the Licensee has paid the Software Upgrade and Support Fee described at Item 7 on the terms given in clause 5.2, BMT will provide the Software Upgrade and Support Services, being: (1) access to new versions, features of or upgrades to the TUFLOW Software as and when they are made available by BMT; (2) installation and set-up support of TUFLOW Software; (3) where necessary, BMT will provide Software Bug fixes to the TUFLOW Products; and (4) where the Licensee has undertaken training in the use of TUFLOW Software under clause 5.2(d), responses to minor queries in relation to the functionality, models, modelling techniques and associated data of the TUFLOW Software. 5.2 Credit terms (a) BMT will automatically generate an invoice annually for the Software Upgrade and Support Fee as per Item 7 of the Reference Schedule. (b) Where the Licensee elects to cancel the Software Upgrade and Support services, the Licensee must provide notice to BMT. Within a reasonable time of receipt of the notice of cancellation described in clause 5.2(a), BMT will issue a credit note to cancel the invoice for the Software Upgrade and Support Fee. (c) The Licensee acknowledges and agrees that Software Upgrade and Support services reinstated after cancellation as per clause 5.2(b) will be subject to a 25% surcharge in addition to the Software Upgrade and Support Fees for the period from cancellation to reinstatement. (d) The Licensee acknowledges and agrees that if the Licensee elects to cancel the Software Upgrade and Support services for a period of five (5) consecutive years, the Software Upgrade and Support Services cannot be reinstated and a new Licence will need to be purchased.
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Sources: License Agreement, License Agreement