We have an annual license agreement with a software company.
In the agreement it states under Licensor Duties that they will provide the following: "During the term of this Agreement, Licensor shall perform the following services for the Customer: Use its best efforts to correct or replace the Software or provide the services necessary to remedy any programming error attributed to Licensor, which significantly affects the use of the Software. Provide reasonable telephone support for problems, discrepancies or errors which, in Licensor's judgment, may most effectively be resolved through such support. Provide Customer with periodic updates to the Software, containing fixes for discovered errors, and/or improvements to existing features and new features."
The last bit about the updates is my primary concern. I contacted the company and discovered that they no longer sell, update, or enhance the software we licensed with them. When I asked for the latest update I was told there wasn't one. In fact I don't think we have EVER received an update. Doesn't this constitute breach of contract? Can they still claim support on a product they no longer update or sell? They are trying to force us into the auto renewal. Are we liable for this?
Thanks in advance!
In the agreement it states under Licensor Duties that they will provide the following: "During the term of this Agreement, Licensor shall perform the following services for the Customer: Use its best efforts to correct or replace the Software or provide the services necessary to remedy any programming error attributed to Licensor, which significantly affects the use of the Software. Provide reasonable telephone support for problems, discrepancies or errors which, in Licensor's judgment, may most effectively be resolved through such support. Provide Customer with periodic updates to the Software, containing fixes for discovered errors, and/or improvements to existing features and new features."
The last bit about the updates is my primary concern. I contacted the company and discovered that they no longer sell, update, or enhance the software we licensed with them. When I asked for the latest update I was told there wasn't one. In fact I don't think we have EVER received an update. Doesn't this constitute breach of contract? Can they still claim support on a product they no longer update or sell? They are trying to force us into the auto renewal. Are we liable for this?
Thanks in advance!