Common use of Support Services Terms Clause in Contracts

Support Services Terms. For a period commencing on the Schedule Effective Date of this Schedule and terminating one (1) year thereafter ("Initial Services Term"), Licensee shall receive Support Services for the Supportable Modules licensed pursuant to this Schedule which meet the technical environment set forth herein for the Support Services Fees set forth above. The base value upon which future years of caps shall be calculated shall be equal to $11,000. In the event Support Services are to be provided thereafter, increases in the fee for Support Services for a period terminating seven (7) years after the Initial Services Term, other than Support Services for Third Party Software shall not exceed six percent (6%) in each subsequent twelve (12) month period, provided that: (i) Licensee continuously subscribes to Support Services and pays for such services for all Supportable Modules licensed pursuant to this Schedule in a timely manner, (ii) is not in breach of this or any other agreement with PeopleSoft; and (iii) the base upon which the increases are measured will be adjusted to take into account additional license fees, including fees owed pursuant to the Incremental License Fees section. Notwithstanding anything herein to the contrary after the Initial Services Term, the Support Services fee for Third Party Software Supportable Modules licensed pursuant to this Schedule will equal the fee in effect at the time such Support Services are renewed. In the event Support Services are to be provided for the Supportable Modules licensed pursuant to this Schedule after the period during which the increases have been capped, and Licensee has been a compliant, continuous subscriber to Support Services, the Support Services fee will equal the fee in effect at the time such Support Services are renewed. Notwithstanding anything in the Agreement to the contrary, Licensee will owe additional Support Services fees each year as set forth in this Schedule for the incremental license fees due pursuant to the Schedule, if any, and for increases in Support Services which relate to Third Party Software. In the event Support Services are not renewed or are terminated and Licensee subsequently requests Support Services, PeopleSoft may, in its sole discretion, reinstate Support Services but only after Licensee pays PeopleSoft the annual Support Services fee in effect at the time of such reinstatement, plus a reinstatement fee equal to the number of years or portion thereof during which Licensee was not a subscriber to Support Services multiplied by the annual Support Services fee in effect at the time of such reinstatement. Thereafter, in the event Support Services are to be provided for the Supportable Modules licensed pursuant to this Schedule, and Licensee has been a compliant, continuous subscriber to Support Services, Licensee shall pay PeopleSoft, on or before the applicable Anniversary Date (defined as the month and day of the Schedule Effective Date), PeopleSoft’s fee for Support Services in effect on the Anniversary Date on which Support Services are ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇ Services Terms: For a period commencing upon the Schedule Effective Date and terminating one (1) year thereafter ("Initial Services Term"), Licensee shall receive Support Services for the Supportable Modules for the version which meets the technical environment set forth in section entitled "Specific Licensed Use" for the fees set forth above. The base valueSupport Services fee upon which future years of caps shall be calculated shall be equal to $11,000. In the event Support Services are to be provided thereafter, there shall be no increases in the fee for Support Services for a period terminating four (4) years after the Initial Services Term, years two (2) through five (5), other than Support Services for Third Party Software, provided that: (i) Licensee continuously subscribes to Support Services and pays for such services for all Supportable Modules licensed pursuant to this Schedule in a timely manner, (ii) is not in breach of this or any other agreement with PeopleSoft; and (iii) the base upon which the increases are measured will be adjusted to take into account additional license fees, including fees owed pursuant to the Incremental License Fees section. In the event Support Services are to be provided thereafter, increases in the fee for Support Services for years six (6) through ten (10), other than Support Services for Third Party Software, shall not exceed four percent (4%) in each subsequent twelve (12) month period, provided that: (i) Licensee continuously subscribes to Support Services and pays for such services for all Supportable Modules licensed pursuant to this Schedule in a timely manner, (ii) is not in breach of this or any other agreement with PeopleSoft; and (iii) the base upon which the increases are measured will be adjusted to take into account additional license fees, including fees owed pursuant to the Incremental License Fees section. Thereafter, in the event Support Services are to be provided for the Supportable Modules licensed pursuant to this Schedule, and Licensee has been a compliant, continuous subscriber to Support Services, Licensee shall pay PeopleSoft, on or before the applicable Anniversary Date (defined as the annually recurring month and date of the Schedule Effective Date), the Support Services fee in effect at the time such Support Services are renewed. In the event Support Services are not renewed and Licensee subsequently requests Support Services, PeopleSoft may, in its sole discretion, reinstate Support Services but only after Licensee pays PeopleSoft the annual Support Services fee in effect at the time of such reinstatement, plus a reinstatement fee equal to the number of years or portion thereof during which Licensee was not a subscriber to Support Services multiplied by the annual Support Services fee in effect at the time of such reinstatement. Provided that Licensee is a continuous, compliant subscriber to Support Services, PeopleSoft grants Licensee the right to use and access any database and operating system versions of the Software that are generally available on the Schedule Effective Date. PeopleSoft makes no assurances regarding if or when any additional database or operating system versions of the Software shall become available.

Appears in 1 contract

Sources: Software License and Services Agreement

Support Services Terms. For a period commencing on the Schedule Effective Date of this Schedule and terminating one (1) year thereafter ("Initial Services Term"), Licensee shall receive Support Services for the Supportable Modules licensed pursuant to this Schedule which meet the technical environment set forth herein for the Support Services Fees set forth above. The base value upon which future years of caps shall be calculated shall be equal to $11,000. In the event Support Services are to be provided thereafter, increases in the fee for Support Services for a period terminating seven (7) years after the Initial Services Term, other than Support Services for Third Party Software shall not exceed six percent (6%) in each subsequent twelve (12) month period, provided that: (i) Licensee continuously subscribes to Support Services and pays for such services for all Supportable Modules licensed pursuant to this Schedule in a timely manner, (ii) is not in breach of this or any other agreement with PeopleSoft; and (iii) the base upon which the increases are measured will be adjusted to take into account additional license fees, including fees owed pursuant to the Incremental License Fees section. Notwithstanding anything herein to the contrary after the Initial Services Term, the Support Services fee for Third Party Software Supportable Modules licensed pursuant to this Schedule will equal the fee in effect at the time such Support Services are renewed. In the event Support Services are to be provided for the Supportable Modules licensed pursuant to this Schedule after the period during which the increases have been capped, and Licensee has been a compliant, continuous subscriber to Support Services, the Support Services fee will equal the fee in effect at the time such Support Services are renewed. Notwithstanding anything in the Agreement to the contrary, Licensee will owe additional Support Services fees each year as set forth in this Schedule for the incremental license fees due pursuant to the Schedule, if any, and for increases in Support Services which relate to Third Party Software. In the event Support Services are not renewed or are terminated and Licensee subsequently requests Support Services, PeopleSoft may, in its sole discretion, reinstate Support Services but only after Licensee pays PeopleSoft the annual Support Services fee in effect at the time of such reinstatement, plus a reinstatement fee equal to the number of years or portion thereof during which Licensee was not a subscriber to Support Services multiplied by the annual Support Services fee in effect at the time of such reinstatement. Thereafter, in the event Support Services are to be provided for the Supportable Modules licensed pursuant to this Schedule, and Licensee has been a compliant, continuous subscriber to Support Services, Licensee shall pay PeopleSoft, on or before the applicable Anniversary Date (defined as the month and day of the Schedule Effective Date), PeopleSoft’s fee for Support Services in effect on the Anniversary Date on which Support Services are ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇ Services Terms: For a period commencing upon the Schedule Effective Date and terminating one (1) year thereafter ("Initial Services Term"), Licensee shall receive Support Services for the Supportable Modules Software Materials and/or the Content Materials, if applicable, for the version which meets the technical environment restrictions set forth in the section above entitled "Specific Licensed Use" for the fees set forth above. The base valueSupport Support Services fee upon which future years of caps increases shall be calculated shall be based is equal to $11,00042,000. In the event Support Services are to be provided thereafter, there shall be no increases in the fee for Support Services for a period terminating four (4) years after the Initial Services Term, years two (2) through five (5), other than Support Services for Third Party Software, provided that: (i) Licensee continuously subscribes to Support Services and pays for such services for all Supportable Modules Software Materials and/or the Content Materials, if applicable, licensed pursuant to this Schedule in a timely manner, (ii) is not in breach of this or any other agreement with PeopleSoft; and (iii) the base upon which the increases are measured will be adjusted to take into account additional license fees, including fees owed pursuant to the Incremental License Fees section. In the event Support Services are to be provided thereafter, increases in the fee for Support Services for years six (6) through ten (10), other than Support Services for Third Party Software, shall not exceed four percent (4%) in each subsequent twelve (12) month period, provided that: (i) Licensee continuously subscribes to Support Services and pays for such services for all Supportable Modules Software Materials and/or the Content Materials, if applicable, licensed pursuant to this Schedule in a timely manner, (ii) is not in breach of this or any other agreement with PeopleSoft; and (iii) the base upon which the increases are measured will be adjusted to take into account additional license fees, including fees owed pursuant to the Incremental License Fees section. Thereafter, in the event Support Services are to be provided for the Supportable Modules Software Materials and/or the Content Materials, if applicable, licensed pursuant to this Schedule, and Licensee has been a compliant, continuous subscriber to Support Services, Licensee shall pay PeopleSoft, on or before the applicable Anniversary Date (defined as the annually recurring month and date of the Schedule Effective Date), the Support Services fee in effect at the time such Support Services are renewed. In the event Support Services are not renewed and Licensee subsequently requests Support Services, PeopleSoft may, in its sole discretion, reinstate Support Services but only after Licensee pays PeopleSoft the annual Support Services fee in effect at the time of such reinstatement, plus a reinstatement fee equal to the number of years or portion thereof during which Licensee was not a subscriber to Support Services multiplied by the annual Support Services fee in effect at the time of such reinstatement. Provided that Licensee is a continuous, compliant subscriber to Support Services, PeopleSoft grants Licensee the right to use and access any database and operating system versions of the Software that are generally available on the Schedule Effective Date. PeopleSoft makes no assurances regarding if or when any additional database or operating system versions of the Software shall become available.

Appears in 1 contract

Sources: Software License and Services Agreement