Common use of Software Versions and Updates Clause in Contracts

Software Versions and Updates. 4.1 If a new software Upgrade or Update version is available for the Vue PACS, and the requirements of the Agreement are satisfied, then Philips will Upgrade the Vue PACS application software during the term of the Agreement as follows. 4.1.1 Subject to the conditions set forth in Section 4 of this exhibit, Philips will install Updates and Upgrades Philips makes generally commercially available to customers having maintenance and support on the same Vue PACS application with the same software version and purchased options, original purchased by Customer To obtain the update or upgrade, customer will be required to pay a Professional Services Fee with respect to software update or upgrade. Such Updates and Upgrades do not apply to third party software, including, but not limited to, client and server operating system licenses to use such updates, database software licenses, and anti-virus software Such Updates and Upgrades do not include hardware updates or replacement, unless Customer has purchased the hardware upgrade option applicable to such Upgrade.