“Upgrades” are new software versions applied by BugZero to Customer’s instances of the Subscription Service at no additional fee during the Subscription Term. A “Release Family” is a complete solution with new features or enhancements to the Subscription Service, including previously released Updates, if applicable. “Updates” are BugZero’s releases (including patches and hotfixes) of the Subscription Service applied by BugZero to Customer’s instances of the Subscription Service at no additional fee during the Subscription Term that provide problem fixes or other changes, but do not generally include new functionality. BugZero has the discretion to provide new functionality either: (a) as an Upgrade, or (b) as different software or service for a separate fee. BugZero determines whether and when to develop, release, and apply any Upgrade or Update to Customer’s instances of the Subscription Service.
Notwithstanding the foregoing, BugZero may provide Customer with a shorter or no notice period of an Upgrade or Update if, in the reasonable judgment of BugZero it is necessary to: (i) maintain the availability, security, or performance of the Subscription Service; (ii) comply with Law; or (iii) avoid infringement or misappropriation of any third-party Intellectual Property Right. BugZero is not responsible for defects on any instance of the Subscription Service not in conformance with this Exhibit A.3 – Upgrades and Updates.