REPRESENTS AND WARRANTS THAT (I) EACH REVISION LEVEL
SHALL BE BACKWARDS COMPATIBLE, AND (II) ALL POINT RELEASES AND OTHER BUG-FIXES
SHALL BE BACKWARDS COMPATIBLE WITH ALL OF THE LAST [***] CONSECUTIVE REVISION
LEVELS PRIOR TO THE CURRENT REVISION LEVEL.
IN THE EVENT THAT ANY PRODUCT
SUPPLIED BY THE VENDOR AT ANY TIME DOES NOT PROVIDE BACKWARDS COMPATIBILITY AS
REQUIRED BY THIS SECTION 4.2.2, THEN THE VENDOR SHALL PROVIDE, WITHOUT CHARGE TO
RELIANCE, ANY AND ALL NECESSARY UPDATES AND UPGRADES (AND OTHERWISE TAKE SUCH
STEPS AS MAY BE NECESSARY) TO ACHIEVE BACKWARDS COMPATIBILITY. [***].
41
4.3
UPDATES AND UPGRADES.
4.3.1
SUBJECT TO SECTION 4.3.2 BELOW, THE VENDOR WILL MAKE AVAILABLE
TO RELIANCE, AT SUCH TIMES AS THEY BECOME GENERALLY AVAILABLE TO OTHER
CUSTOMERS, ALL UPDATES AND UPGRADES FOR ANY PRODUCTS THAT RELIANCE HAS PURCHASED
PURSUANT TO THE TERMS OF THE DOCUMENTS.
THE VENDOR SHALL GIVE RELIANCE NO LESS
THAN [***] PRIOR WRITTEN NOTICE OF THE INTRODUCTION OF ANY UPGRADE.
[***] THE
VENDOR SHALL PROVIDE RELIANCE WITH A FORECAST OF FUTURE UPDATES AND UPGRADES
THEN CURRENTLY BEING DEVELOPED BY VENDOR OR ANY VENDOR AFFILIATE.
THE VENDOR
SHALL AT ALL TIMES TAKE ALL REASONABLE MEASURES TO ENSURE THAT UPDATES AND
UPGRADES WILL NOT INTRODUCE OR RELEASE ANY MALICIOUS CODE OR DISABLING CODE INTO
ANY PART OF THE BROADBAND ACCESS RELIANCE NETWORK.
4.3.2
SOFTWARE AND FIRMWARE (SOFTWARE EMBEDDED IN EQUIPMENT) UPDATES
AND SOFTWARE AND FIRMWARE UPGRADES SHALL BE PROVIDED AND APPROPRIATELY INSTALLED
BY VENDOR AS SPECIFIED IN ANNEXURE1A TO THE SPECIFICATIONS (TECHNICAL SUPPORT
SERVICES) AND THE DOCUMENTS FOR A PERIOD OF [***] FROM THE DATE OF ACCEPTANCE OF
THE SOFTWARE OR FIRMWARE TO WHICH SUCH UPDATE OR UPGRADE RELATES. WITH RESPECT
TO ANY SOFTWARE OR FIRMWARE UPDATE OR UPDATE FORMING PART OF A COMBINED RELEASE,
RELIANCE [***] OF ANY ADDITIONAL HARDWARE THAT MAY BE REQUIRED TO SUPPORT SUCH
UPDATE. ADDITIONALLY, RELIANCE SHALL [***] WITHOUT LOSING THE BENEFIT OF THE
UPDATE.
4.3.3
IN THE EVENT THAT ANY UPDATE OR UPGRADE SUPPLIED BY THE VENDOR
HAS THE EFFECT OF PREVENTING THE BROADBAND ACCESS RELIANCE NETWORK OR ANY PART
THEREOF FROM SATISFYING, OR PERFORMING IN ACCORDANCE WITH THE SPECIFICATIONS OR
OTHERWISE ADVERSELY AFFECTS THE FUNCTIONALITY OR FEATURES OF THE BROADBAND
ACCESS RELIANCE NETWORK OR ANY PART THEREOF, THEN THE VENDOR SHALL PROMPTLY
RETROFIT OR TAKE SUCH OTHER CORRECTIVE ACTION (INCLUDING THE INSTALLATION OF ANY
ADDITIONAL PRODUCTS, AT THE VENDOR'S [***]) AS MAY BE NECESSARY TO ASSURE THAT
THE BROADBAND ACCESS RELIANCE NETWORK OR ANY SUCH AFFECTED PART THEREOF, AS
MODIFIED TO INCLUDE EACH SUCH UPDATE OR UPGRADE, SHALL SATISFY AND PERFORM IN
ACCORDANCE WITH THE SPECIFICATIONS, AND RESTORE ALL PRE-EXISTING FUNCTIONALITY
AND FEATURES, IN EACH CASE [***] TO RELIANCE. FAILING THIS, THE VENDOR SHALL
PROMPTLY AND [***] TO RELIANCE, REMOVE SUCH UPDATE AND/OR UPGRADE FROM THE
BROADBAND ACCESS RELIANCE NETWORK, RESTORING THE NETWORK TO ITS PRE-EXISTING
STATE, AND REFUND TO RELIANCE ALL CHARGES PAID FOR THE SAME. FOLLOWING SUCH
REMOVAL, VENDOR SHALL PERFORM ALL NECESSARY CORRECTIVE ACTIONS IN AND UPON SUCH
UPDATES AND/OR UPGRADES AND SHALL