End of Life

End of Life

The parties may wish to clarify a licensor’s obligations regarding the discontinuation of licensed products, including advance notification of any end-of-life (EOL) event and post-EOL maintenance and support:

Exemplar C28-1

LICENSOR will provide End of Life (“EOL”) notification for discontinued Licensed Software (each, an “EOL Software”) to LICENSEE directly, at least ninety (90) days in advance of the EOL effective date (as further described in the applicable Statement of Work). During the period following such EOL notification, LICENSEE may continue to purchase/license such EOL Software, provided that the requested delivery date is within ninety (90) days prior to the applicable EOL effective date. All Maintenance and Support shall be offered to LICENSEE by LICENSOR for EOL Software on the terms and conditions set forth in Exhibit X for a period of five (5) years after the EOL effective date (“EOS Period”) and LICENSEE shall continue to pay any applicable Maintenance Fee during such period as set forth in Exhibit Y, subject to increases, if any, in the Consumer Price Index, for the preceding twelve (12) month period.

Exemplar C28-2

Subject to payment of applicable Fees, Vendor warrants the availability of Maintenance and Support Services, including but not limited to Error correction of the Licensed Materials and third-tier technical support in general to Customer and its Affiliates for the Licensed Materials on a year-to-year basis for a period of three (3) consecutive years from the last delivery of the License Materials under this Agreement. In case of any discontinuation of the Licensed Materials, Vendor will continue to provide Maintenance and Support for a particular version of the Licensed Materials in accordance with the End of Life Policy set forth in Exhibit X, and at least as long as the applicable subscription term for End Users.

Exemplar C28-3

LICENSOR will provide EOL notification for discontinued Licensed Software to Licensee. EOL is further herein described as the planned demise of the EOL Software due to its natural evolution from utility to obsolescence. The EOL Software may reach the end of the product lifecycle for various reasons including but not limited to: market or business demands, technology innovation, or may simply mature over time with desired replacement for richer functionality or feature sets not possible through currently available and foreseen upgrade capabilities.