Software maintenance as a product does NOT include the creation, design, implementation, integration, etc. of a software
package. These examples are considered software maintenance as a service.
2, Software Maintenance as a Service (SIN 132-34)
Software maintenance as a service creates, designs, implements, and/or integrates customized changes to
software that solve one or more problems and is not included with the price of the software. Software
maintenance as a service includes person-to-person communications regardless of the medium used to
communicate: telephone support, on-line technical support, customized support, and/or technical
expertise which are charged commercially. Software maintenance as a service is billed arrears in
accordance with 31 U.S.C. 3324.
b. Invoices for maintenance service shall be submitted by the Contractor on a quarterly or monthly basis, after the
completion of such period. Maintenance charges must be paid in arrears (31 U.S.C. 3324). PROMPT PAYMENT DISCOUNT,
IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE.
5. PERIODS OF TERM LICENSES (SIN 132-32) AND MAINTENANCE (SIN 132-34)
a. The Contractor shall honor orders for periods for the duration of the contract period or a lesser period of time.
b. Term licenses may be discontinued by the ordering activity on thirty (30) calendar days written notice to the Contractor.
c. Annual Funding. When annually appropriated funds are cited on an order for term licenses, the period of the term
licenses shall automatically expire on September 30 of the contract period, or at the end of the contract period, whichever occurs _
first. Renewal of the term licenses orders citing the new appropriation shall be required, if the term licenses is to be continued
during any remainder of the contract period.
d. Cross-Year Funding Within Contract Period. Where an ordering activity’s specific appropriation authority provides for
funds in excess of a 12 month (fiscal year) period, the ordering activity may place an order under this schedule contract for a
period up to the expiration of the contract period, notwithstanding the intervening fiscal years.
e. Ordering activities should notify the Contractor in writing thirty (30) calendar days prior to the expiration of an order, if
the term licenses is to be terminated at that time. Orders for the continuation of term licenses will be required if the term licenses
and/or maintenance is to be continued during the subsequent period.
6. CONVERSION FROM TERM LICENSE TO PERPETUAL LICENSE - NOT APPLICABLE. Emergency
Communications Network, LLC does not offer a Perpetual License.
a. The ordering activity may convert term licenses to perpetual licenses for any or all software at any time following
acceptance of software. At the request of the ordering activity the Contractor shall furnish, within ten (10) calendar days, for each
software product that is contemplated for conversion, the total amount of conversion credits which have accrued while the
software was on a term license and the date of the last update or enhancement.
b. Conversion credits which are provided shall, within the limits specified, continue to accrue from one contract period to
the next, provided the software remains on a term license within the ordering activity.
c. The term license for each software product shall be discontinued on the day immediately preceding the effective date of
conversion from a term license fo a perpetual license.
d. The price the ordering activity shall pay will be the perpetual license price that prevailed at the time such software was
initially ordered under a term license, or the perpetual license price prevailing at the time of conversion from a term license to a
perpetual license, whichever is the less, minus an amount equai to % of all term license payments during the period
that the software was under a term license within the ordering activity.
7. TERM LICENSE CESSATION NOT APPLICABLE. Emergency Communications Network, LLC does not offer a
Perpetual License.
a. After a software product has been on a continuous term license for a period of * months, a fully paid-up,
non-exclusive, perpetual license for the software product shall automatically accrue to the ordering activity. The period of
continuous term license for automatic accrual of a fully paid-up perpetual license does not have to be achieved during a particular
fiscal year; it is a written Contractor commitment which continues to be available for software that is initially ordered under this
contract, until a fully paid-up perpetual license accrues to the ordering activity. However, should the term license of the software
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