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“Maintenance” refers to the new options or features implemented in existing programs, provided that they are on a large scale and have a different name and/or price from the program in which they are implemented. In no case shall the creation of a new program be considered as “maintenance”.
“Upgrades” refer to the small transformations made to the programs to facilitate their operation or to be adapted to new circumstances or codes, and corrections of detected errors. Should there be any doubt, the differences between upgrades, maintenance and new programs will always be established at the discretion of CYPE Ingenieros, S.A.
This Maintenance agreement is made between the Licensee and CYPE Ingenieros, S.A. in accordance with the aforementioned particular and general conditions, and shall be completed and affected by those indicated in the license contract of the programs to which it refers.
1.- This Maintenance agreement entitles the Licensee to receive Maintenance and Upgrades for the referenced programs carried out by CYPE Ingenieros, S.A., and the extension of the Warranty throughout the duration of the contract, in accordance with the following general conditions.
2.- This contract is valid for one year from the registration date, which is the date of the first payment, and will be automatically renewed every year unless either party expresses in writing their desire to cancel the contract 30 days before the expiry date.
3.- In the event of cancelling the contract and subsequent renewal, with a period of time in between, in order to be able to access the latest Maintenances, the date of the new Maintenance agreement will be the date of the last cancellation, thus paying the time in between.
4.- CYPE Ingenieros, S.A. hereby reserves the right to establish the frequency of release of the Maintenances, which will match that of the versions that appear. The Licensee may request more annual deliveries than those specified above, in which case they will have to pay for an Upgrade for each one of them. In the latter case, there may be instances where the deliveries do not contain Maintenances, but only Upgrades.
5.- This Maintenance agreement is non-transferable and shall terminate automatically in the event that the Licensee sells, leases or otherwise assigns their license to any third party for use of the Software.
6.- The improvements covered by this contract may be sent directly by CYPE Ingenieros, S.A. or through their Dealers and Distributors.
7.- Payment of the amount of the Agreement shall be made in accordance with the specific conditions established when signing the contract. Non-payment of the total sum of this contract will lead to its termination and, consequently, CYPE Ingenieros, S.A.'s obligation to send any maintenance made after said cancellation will cease.
The Licensee may stop the suspension of the Agreement by paying the outstanding amount plus the costs caused by the delay.
8.- CYPE Ingenieros, S.A. reserves the right to carry out an annual review of its Maintenance agreement rates and to apply the rate adjustment deemed appropriate to these rates.
9.- For any discrepancies that may arise regarding the interpretation of the contents of this contract, both parties expressly renounce any other jurisdiction to which they may be entitled and will be submitted to the courts of Alicante, Spain.