The following Benefits Terms shall additionally govern Your Maintenance Plan Previous Version Rights Benefits, and/or Your Subscription for single-user Previous Version Rights and/or Your Subscription for multi-user Previous Version Rights Benefits, as applicable.
1. DEFINITIONS
The following terms shall have the meanings set forth below. Capitalized terms used and not otherwise defined in these Benefits Terms shall have the meaning assigned to them in Your Maintenance Plan Agreement, or Subscription Agreement for single-user or Subscription Agreement for multi-user (as applicable).
“Ancillary Product”: means any product or software (other than a version of Covered Software or a Maintenance Previous Version or a Single-user Previous Version or a Multi-user Previous Version (as applicable)) which Autodesk may furnish to You from time to time as a Benefit of Your Maintenance Plan, Subscription for single-user or Subscription for multi-user (as applicable) and which is further described at Autodesk Account. Ancillary Products may include, but are not limited to, tools and other discrete products that require a separate Installation and function independently of a version of Covered Software or Maintenance Previous Version or Single-user Previous Version or Multi-user Previous Version (as applicable). “Maintenance Ancilliary Products” means Ancilliary Products governed by Your Maintenance Plan Agreement, ”Single-user Ancilliary Products” means Ancilliary Products governed by Your Subscription Agreement for single-user and “Multi-user Ancilliary Products” means Ancilliary Products governed by Your Subscription Agreement for multi-user.
“Maintenance Previous Version”: means, in relation to the latest version of Covered Software covered by Your Maintenance Plan, (a) cop(y)(ies) of those prior versions of that Covered Software to which that Covered Software is a successor or substitute (as determined by Autodesk) and which are listed on the Maintenance Plan Previous Version Eligible Product List as being applicable to Your Covered Software (if any) and made available to You in Your Autodesk Account as a Benefit of Your Maintenance Plan, and/or (a) cop(y)(ies) of any prior versions referred to in Section 2.2. of these Benefits Terms (if any);
“Maintenance Plan Previous Version Eligible Product List” means previous versions eligible product list applicable to Autodesk Maintenance Plans maintained by Autodesk, set forth on or accessible from Autodesk Account.
“Multi-user Previous Version”: means, in relation to the latest version of Covered Software provided to You as a Benefit of Your Subscription for multi-user and Installed and Accessed by You or Your Users, (a) cop(y)(ies) of those prior versions of that Covered Software to which that Covered Software is a successor or substitute (as determined by Autodesk) and which are listed on the Subscription Previous Version Eligible Product List as being applicable to Your Covered Software (if any) and made available to You in Your or Your Users’ Autodesk Account as a Benefit of Your Subscription for multi-user, and/or (a) cop(y)(ies) of any prior versions referred to in Section 4.2. of these Benefits Terms (if any);
“Single-user Previous Version”: means, in relation to the latest version of Covered Software provided to You as a Benefit of Your Subscription for single-user and Installed and Accessed by You or Your Named Users, (a) cop(y)(ies) of those prior versions of that Covered Software to which that Covered Software is a successor or substitute (as determined by Autodesk) and which are listed on the Subscription Previous Version Eligible Product List as being applicable to Your Covered Software (if any) and made available to You in Your or Your Named Users’ Autodesk Account as a Benefit of Your Subscription fo r a single-user, and/or (a) cop(y)(ies) of any prior versions referred to in Section 3.2. of these Benefits Terms (if any);
“Subscription Previous Version Eligible Product List” means the previous versions eligible product list applicable to Subscription for single-user and Subscriptions for multi-user maintained by Autodesk, set forth on or accessible from Autodesk Account.
2. MAINTENANCE PLAN PREVIOUS VERSION RIGHTS BENEFITS
2.1 Notwithstanding anything contained in the applicable Autodesk License and Services Agreement governing Installation and Access of a particular version of Covered Software by You, for the Term of Your Maintenance Plan You may Install and Access Maintenance Previous Version(s) provided that the following conditions are met:
2.1.1 Installation of and Access to a Maintenance Previous Version(s) shall be subject to the provisions of the Autodesk License and Services Agreement applicable to that Maintenance Previous Version, as modified by this Section 2;
2.1.2 Your Installation of and Access to a Maintenance Previous Version shall be limited by the same license type or license version and other use- or quantity-related licensing metrics as apply to the associated latest version of Covered Software covered by Your Maintenance Plan (the “Applicable License Metrics”);
2.1.3 if the latest version of Covered Software covered by Your Maintenance Plan is designated as a Stand-alone Version or Single-user Version or a single seat of a Multi-seat Stand-alone Version, or is subject to a Stand-alone License or a Single-user License or a single seat of a Multi-Seat Stand-alone License, that latest version and all Maintenance Previous Versions shall be Installed on and Accessed from the same Computer;
2.1.4 if the latest version of Covered Software covered by Your Maintenance Plan is designated as a Stand-alone Version or Single-user Version or a single seat of a Multi-seat Stand-alone Version, or is subject to a Stand-alone License or a Single-user License or a single seat of a Multi-Seat Stand-alone License, neither that latest version nor any Maintenance Previous Versions shall be used concurrently;
2.1.5 if the latest version of Covered Software covered by Your Maintenance Plan is designated as a Stand-alone Version or a Single-user Version or a single seat of a Multi-seat Stand-alone Version, or is subject to a Stand-alone License or Single-user License a single seat of a Multi-Seat Stand-alone License, the Maintenance Previous Version(s) or any permitted copies thereof, are not transferred to another Computer unless all permitted copies of that latest version of Covered Software and all Maintenance Previous Versions are also transferred to the same Computer;
2.1.6 You are hereby acknowledging and agreeing that Autodesk does not have any obligation to provide Support for any Maintenance Previous Version(s); and
2.1.7 You must follow the processes and policies (if any) set out from time to time by Autodesk to request and obtain Maintenance Previous Versions for Installation and Access.
2.2 Additionally if You want to continue to Install and Access (a) copy(ies) of a prior version of the Covered Software (for which the Covered Software is a successor or substitute (as determined by Autodesk)) in your possession and that prior version is not specifically identified in writing by Autodesk on the Maintenance Plan Previous Version Eligible Product List, You may also continue to Install and Access that/those copy(ies) of that prior version, subject to the conditions in Sections 2.1.1 to 2.1.7 above, provided (1) You previously legally licensed and Installed and Accessed that/those copy(ies) of that prior version from Autodesk, and (2) Your Installation and Access of that/those copy(ies) does not exceed the total quantity of licenses to Install and Access that/those copies that You previously licensed and Installed and Accessed from Autodesk.
2.3 Additionally in the event Autodesk, in connection with any Maintenance Previous Versions, provides You Maintenance Ancillary Products that supplement or extend that/those Maintenance Previous Versions, those Maintenance Ancillary Products shall be subject to these Benefits Terms to the same extent as the Maintenance Previous Versions to which such Maintenance Ancillary Products relate, unless otherwise specified at the time of delivery.
2.4 ; If You have upgraded or crossgraded Your Covered Software (and corresponding Maintenance Plan) (“Old Covered Software”) to a version of an Autodesk software product (and corresponding Maintenance Plan) (“New Covered Software”) that is not a successor or substitute to Your Old Covered Software (as determined by Autodesk), the provisions of Sections 2.1, 2.2 and 2.3 above shall no longer apply to prior versions of Your Old Covered Software and You must Uninstall all copies of versions of the Old Covered Software and any such prior versons (including any copies resident on Your hard disk drive), and upon request by Autodesk, return any User Documentation to Autodesk or Your reseller within sixty (60) days of installing any versions of the New Covered Software. Autodesk reserves the right to require You to show satisfactory proof that all versions of the Old Covered Software and such prior versions have been destroyed and/or to conduct the audit set forth in Your Maintenance Plan Agreement.
2.5 Nothing herein shall oblige Autodesk to supply You with electronic or physical media containing any Maintenance Previous Version or related User Documentation or to issue additional authorization codes or hardware or software locks related to those Maintenance Previous Versions. Further, if a particular Maintenance Previous Version has been retired or otherwise discontinued by Autodesk, You agree and acknowledge that in no event is Autodesk required to issue authorization codes or hardware or software locks to You or to provide You with any electronic or physical media or other deliverables to enable You to Access or Install that Maintenance Previous Version.
2.6 Maintenance Plan Previous Version Rights Benefits may not be available or made available for all Covered Software, or in all languages, countries or regions or may be subject to additional conditions and restrictions for certain versions of Covered Software. If Your Maintenance Plan expires or otherwise terminates, Your rights to use all/any Maintenance Previous Version(s) pursuant to these Benefits Terms shall terminate, and your rights with respect to such Maintenance Previous Version(s) shall be determined by the terms of the Autodesk License and Services Agreement governing Installation and Access of such Maintenance Previous Version(s), including, without limitation, the obligations to Uninstall and stop Accessing such Maintenance Previous Version(s) if You are not otherwise entitled to use that/those Maintenance Previous Version(s).
3. SUBSCRIPTION FOR SINGLE-USER PREVIOUS VERSION RIGHTS BENEFITS
3.1 Notwithstanding anything contained in the applicable Autodesk License and Services Agreement governing Installation and Access of a particular version of Covered Software provided to You as a Benefit of Your Subscription for single-user, for the Term of Your Subscription for single-user You and Your Named Users may Install and Access Single-user Previous Version(s) provided that the following conditions are met:
3.1.1 Installation of and Access to a Single-user Previous Version(s) shall be subject to the provisions of the applicable Autodesk License and Services Agreement applicable to that Single-user Previous Version, as modified by this Section 3;
3.1.2 Installation of and Access to a Single-user Previous Version shall be limited by the same license type or license version and other use- or quantity-related licensing metrics as apply to the associated latest version of Covered Software covered by Your Subscription for single-user (the “Applicable License Metrics”);
3.1.3 Neither the latest version of Covered Software nor any Single-user Previous Versions shall be Accessed concurrently;
3.1.4 You, on behalf of Yourself and Your Named Users, are hereby acknowledging and agreeing that Autodesk does not have any obligation to provide support for any Single-user Previous Version(s); and
3.1.5 You must, and You shall ensure that Your Named Users, follow the processes and policies (if any) set out from time to time by Autodesk to request and obtain Single-user Previous Versions for Installation and Access.
3.2 Additionally if You want to continue to Install and Access (a) copy(ies) of a prior version of the Covered Software (for which the Covered Software is a successor or substitute (as determined by Autodesk)) in your possession and that prior version is not specifically identified in writing by Autodesk on the Subscription Previous Version Eligible Product List, You may also continue to Install and Access that/those copy(ies) of that prior version, subject to the conditions in Sections 3.1.1 to 3.1.5 above, provided (1) You previously legally licensed and Installed and Accessed that/those copy(ies) of that prior version from Autodesk, and (2) Your Installation and Access of that/those copy(ies) does not exceed the total quantity of licenses to Install and Access that/those copies that You previously licensed and Installed and Accessed from Autodesk.
3.3 Additionally in the event Autodesk, in connection with any Single-user Previous Versions, provides You Single-user Ancillary Products that supplement or extend that/those Single-user Previous Versions, those Single-user Ancillary Products shall be subject to these Benefits Terms to the same extent as the Single-user Previous Versions to which such Single-user Ancillary Products relate unless otherwise specified at the time of delivery.
3.4 If Autodesk or a reseller provides You with a Switched Subscription, then from the commencement of that Switched Subscription You may, or You may permit Your Named User to, continue to Install and Access any Single-user Previous Version or any other prior version referred to in Section 3.2 above, provided (i) the latest version of the Covered Software to which that Single-user Previous Version or that other prior version relates, is covered by the Switched Subscription, (ii) You or Your Named User Installed and Accessed that Single-user Previous Version or that other prior version prior to the commencement date of Your Switched Subscription, and (iii) You or Your Named User’s Installation and Access to that Single-user Previous Version or that other prior version continues to comply at all times with these Previous Version Rights Benefits Terms, or the Previous Version Rights Benefits Terms applicable to that Switched Subscription.
3.5 If You have switched Your Subscription for single-user (“Old Subscription for single-user”) to a Subscription for single-user of another Autodesk software product (“New Subscription for single-user”) that is not a successor or substitute to Your Old Subscription for single-user (as determined by Autodesk), the provisions of Sections 3.1, 3.2, 3.3 and 3.4 above shall no longer apply to previous versions covered by Your Old Subscription for single-user and You must Uninstall all copies of Autodesk software covered by the Old Subscription for single-user and any corresponding previous versons (including any copies resident on Your hard disk drive), and upon request by Autodesk, return any User Documentation to Autodesk or Your reseller within sixty (60) days of installing any Autodesk software covered by Your New Subscription for single-user. Autodesk reserves the right to require You to show satisfactory proof that all Autodesk software covered by the Old Subscription for single-user and any corresponding previous versions have been destroyed and/or to conduct the audit set forth in Your Subscription Agreement for single-user.
3.6 ; Nothing herein shall oblige Autodesk to supply You or Your Named Users with electronic or physical media containing any Single-user Previous Version or related User Documentation or to issue additional authorization codes or hardware or software locks related to those Single-user Previous Versions. Further, if a particular Single-user Previous Version has been retired or otherwise discontinued by Autodesk, You agree and acknowledge that in no event is Autodesk required to issue authorization codes or hardware or software locks to You or Your Named Users or to provide You or Your Named Users with any electronic or physical media or other deliverables to enable You or Your Named Users to Access or Install that Single-user Previous Version.
3.7 Single-user Previous Versions Rights Benefits may not be available or made available for all Covered Software, or in all languages, countries or regions or may be subject to additional conditions and restrictions for certain versions of Covered Software. If Your Subscription for single-user expires or otherwise terminates, Your rights to use all/any Single-user Previous Version(s) pursuant to these Benefits Terms and/or pursuant to the terms of the Autodesk License and Services Agreement governing Installation and Access of such Single-user Previous Version(s) shall terminate, and You must, and You shall ensure that Your Named Users shall, immediately Uninstall and stop Accessing such Single-user Previous Version(s).
4. SUBSCRIPTION FOR MULTI-USER PREVIOUS VERSION RIGHTS BENEFITS
4.1 Notwithstanding anything contained in the applicable Autodesk License and Services Agreement governing Installation and Access of a particular version of Covered Software provided to You as a Benefit of Subscription for multi-user, for the Term of Your Subscription for multi-user You and Your Users may Install and Access Multi-user Previous Version(s) provided that the following conditions are met:
4.1.1 ; Installation of and Access to a Multi-user Previous Version(s) shall be subject to the provisions of the Autodesk License and Services Agreement applicable to that Multi-user Previous Version, as modified by this Section 4;
4.1.2 Installation of and Access to a Multi-user Previous Version shall be limited by the same license type or license version and other use-or quantity-related licensing metrics as apply to the associated latest version of Covered Software covered by Your Subscription for multi-user (the “Applicable License Metrics”);
4.1.3 Concurrent Installation of and Access to a Multi-user Previous Version by You or Your Users in combination with installation of and access to other Multi-user Previous Versions or the latest version of Covered Software shall not exceed the Applicable License Metrics at any time;
4.1.4 You are hereby acknowledging and agreeing that Autodesk does not have any obligation to provide Support for any Multi-user Previous Version(s); and
4.1.5 You must follow the processes and policies (if any) set out from time to time by Autodesk to request and obtain Multi-user Previous Versions for Installation and Access.
4.2 Additionally if You want to continue to Install and Access (a) copy(ies) of a prior version of the Covered Software (for which the Covered Software is a successor or substitute (as determined by Autodesk)) in your possession and that prior version is not specifically identified in writing by Autodesk on the Subscription Previous Version Eligible Product List, You may also continue to Install and Access that/those copy(ies) of that prior version, subject to the conditions in Sections 4.1.1 to 4.1.5 above, provided (1) You previously legally licensed and Installed and Accessed that/those copy(ies) of that prior version from Autodesk, and (2) Your Installation and Access of that/those copy(ies) does not exceed the total quantity of licenses to Install and Access that/those copies that You previously licensed and Installed and Accessed from Autodesk.
4.3 Additionally in the event Autodesk, in connection with any Multi-user Previous Versions, provides You Multi-user Ancillary Products that supplement or extend that/those Multi-user Previous Versions, those Multi-user Ancillary Products shall be subject to these Benefits Terms to the same extent as the Multi-user Previous Versions to which such Multi-user Ancillary Products relate, unless otherwise specified at the time of delivery.
4.4 If Autodesk or a reseller provides You with a Switched Subscription, then from the commencement of that Switched Subscription You may, or You may permit Your Users to, continue to Install and Access any Multi-user Previous Version or any other prior version referred to in Section 4.2 above, provided (i) the latest version of the Covered Software to which that Multi-user Previous Version or that other prior version relates, is covered by the Switched Subscription, (ii) You or Your Users Installed and Accessed that Multi-user Previous Version or that other prior version prior to the commencement date of Your Switched Subscription, and (iii) You or Your User’s Installation and Access to that Multi-user Previous Version or that other prior version continues to comply at all times with these Previous Version Rights Benefits Terms, or the Previous Version Rights Benefits Terms applicable to that Switched Subscription.
4.5 If You have switched Your Subscription for multi-user (“Old Subscription for multi-user”) to a Subscription for multi-user of another Autodesk software product (“New Subscription for multi-user”) that is not a successor or substitute to Your Old Subscription for multi-user (as determined by Autodesk), the provisions of Sections 4.1, 4.2, 4.3 and 4.4 above shall no longer apply to previous versions covered by Your Old Subscription for multi-user and You must Uninstall all copies of Autodesk software covered by the Old Subscription for multi-user and any corresponding previous versons (including any copies resident on Your hard disk drive), and upon request by Autodesk, return any User Documentation to Autodesk or Your reseller within sixty (60) days of installing any Autodesk software covered by Your New Subscription for multi-user. Autodesk reserves the right to require You to show satisfactory proof that all Autodesk software covered by the Old Subscription for multi-user and any corresponding previous versions have been destroyed and/or to conduct the audit set forth in Your Subscription Agreement for multi-user.
4.6 Nothing herein shall oblige Autodesk to supply You with electronic or physical media containing any Multi-user Previous Version or related User Documentation or to issue additional authorization codes or software locks related to those Multi-user Previous Versions. Further, if a particular Multi-user Previous Version has been retired or otherwise discontinued by Autodesk, You agree and acknowledge that in no event is Autodesk required to issue authorization codes or software locks to You or Your Users or to provide You or Your Users with any electronic or physical media or other deliverables to enable You or Your Users to Access or Install that Multi-user Previous Version.
4.7 Subscription for multi-user Previous Version Rights Benefits may not be available or made available for all Covered Software, or in all languages, countries or regions or may be subject to additional conditions and restrictions for certain versions of Covered Software. If Your Subscription for multi-user expires or otherwise terminates, Your rights to use all/any Multi-user Previous Version(s) pursuant to these Benefits Terms and/or pursuant to the terms of the Autodesk License and Services Agreement governing Installation and Access of such Multi-user Previous Version(s) shall terminate, and You must, and You shall ensure that Your Users shall, immediately Uninstall and stop Accessing such Multi-user Previous Version(s).
