Common use of Updates and Enhancements Clause in Contracts

Updates and Enhancements. 21.11.1. In the event that Exchange makes any Update available for release at any time during subsistence of this Agreement then provided the Customer is not in breach of this Agreement Exchange may at its discretion provide a copy of such Update to the Customer without charge and Install same on the System. 21.11.2. If any Update is supplied to the Customer, the Customer shall promptly allow Exchange to Install the Update on each copy of the Software in use by the Customer. 21.11.3. If the Customer does not permit the installation of an Update onto the System within thirty (30) days from the date the Update was provided, (including, where necessary, a temporary shutdown of the System to allow the Update to be Installed), and where such Update remedies a Fault previously registered with Exchange, or which the Customer would not have suffered had the Update been so Installed, then Exchange shall not be obligated to remedy the Fault through other means and any service levels or response times applicable to the Fault shall not apply.

Appears in 2 contracts

Sources: Sales Agreement, Sales Agreement