Siemens Digital Industries Software renewals, maintenance and termination covers the lifecycle terms for Siemens Digital Industries Software (SISW) licenses after purchase. Three documents are involved: the Universal Customer Agreement (UCA) version 1.3 for subscription renewal and termination[1], the Standard Supplemental Terms for the license types[2], and the General Maintenance Services Terms version 1.5 for updates and support[3]. Metrics and license types are covered in Siemens Digital Industries Software licensing.
License types and maintenance
Whether Maintenance Services are included depends on the license type printed on the Order[2]:
| License type | Term | Maintenance Services | Program row |
|---|---|---|---|
| Perpetual, Paid-up or Extended | “extends indefinitely” | Not included; bought separately | Perpetual (Paid-up, Extended) license |
| Subscription or Lease | Limited term on the Order | Included in the license fee | Subscription (Lease) |
| Rental | Less than one year | Included in the license fee | Rental license |
For multi-year subscriptions, SISW may require new license keys to be issued during the term[2]. The General Maintenance Terms repeat that “Perpetual Software licenses do not include Maintenance Services which must be purchased separately”[3]. Designcenter X core seats and Value Based Licensing tokens are sold as recurring yearly subscriptions[4].
What Maintenance Services include
Maintenance Services consist of Software updates, Error corrections and technical support. Software and Hardware provided free of charge, or marked retired, discontinued, obsolete or legacy on the Order, are not covered unless the Order says otherwise[3].
- Releases. Customers under maintenance receive new Point Releases (mainly Error corrections) and Major Releases (new or enhanced functionality). The right does not extend to a module, option or future product that SISW licenses as a separate product[3].
- Supported versions. After a new release, SISW maintains “the current version and the most current Point Release that relates to the immediately preceding Major Release.” If an Error was fixed in an update to the prior Major Release, SISW may require an upgrade to that Point Release instead of providing a patch[3]. Catalog rule: Maintenance covers the current release and the latest Point Release of the prior Major Release.
- Extended and End-of-Life Maintenance. SISW may substitute similar products for discontinued Software at no charge, or offer Extended Maintenance (after mainstream support ends) or End-of-Life Maintenance (for products no longer generally distributed) for an additional fee[3].
- Support channel. Support is available in normal business hours from the support center covering the area where the customer is authorized to use the software. Customers who bought through a solution partner may get first-line support from that partner[3].
- Unsupported environments and hosting. SISW need not support Software on an unsupported platform or Software modified by others. If an approved third party hosts the Software, the customer must show that reported Errors are not caused by the hosting, for example by reproducing them on physical hardware[3].
Maintenance and tokens
Maintenance also decides what tokens can reach. New or updated functionality that becomes eligible for Token access can be used only if both the base license and the Tokens are on a current, active Maintenance Services Order[2]. For Cloud Services bundled into an SRD Offering, technical support and service levels do not apply when the Cloud Services are used with Software whose Maintenance Services have ended[2]. Catalog rule: Tokens require a base license; new token-accessible functionality requires active maintenance.
Maintenance renewals and coverage
- Term. Maintenance is bought for an initial annual term or another period on the Order Form. Renewal orders are deemed accepted by paying the invoice, by course of dealing, or by receiving the services[3].
- Co-terming. When more licenses are added, SISW may adjust the maintenance term and pro-rate fees so they end with the existing term and billing cycle[3].
- Fee increases. SISW may raise maintenance fees with at least sixty days’ notice before the current term expires[3].
- All-or-nothing at a location. “Customer must purchase Maintenance Services for all supported Software used at a single location”[3]. Catalog rule: Maintenance must cover all supported Software used at a single location.
- Term changes. SISW may change the maintenance terms, but changes take effect only when the customer renews, unless the customer expressly agrees earlier[3].
The General Maintenance Terms name no reinstatement fee for lapsed maintenance. Product-specific maintenance terms, which are identified by the same order code as the Supplemental Terms, supersede the general terms where they conflict[3].
Subscription renewal
If the Order, a written agreement or a Siemens electronic system provides for it, a paid Subscription Term renews automatically unless either party gives notice at least 60 days before it ends. A renewed term lasts as long as the previous one or 12 months, whichever is greater. Renewal fees stay the same unless Siemens gives at least 90 days’ notice of different fees or the Order sets them. Where the Agreement incorporates online terms by reference, the then-current online terms apply to the renewed term[1]. Catalog rule: Subscriptions renew automatically unless notice is given 60 days before term end.
| Event | Notice | Source |
|---|---|---|
| Non-renewal of an auto-renewing subscription | At least 60 days before term end, by either party | UCA §10.1[1] |
| Different subscription renewal fees | At least 90 days before term end, by Siemens | UCA §10.1[1] |
| Maintenance fee increase | At least 60 days before term end, by SISW | General Maintenance Terms §11[3] |
| Termination after Cloud Services degradation | Within 30 days of Siemens’ notice | UCA §5.2[1] |
Termination and expiry
No termination for convenience. Neither party may terminate an Order for convenience during the Subscription Term. Either party may terminate a subscription Offering for a material breach left uncured for 30 days after notice; the termination then covers only the affected Offering[1].
Cloud Services changes. If Siemens materially degrades or discontinues Cloud Services during a term, the customer may terminate the affected Order within 30 days of the notice and receive a pro-rata refund of prepaid fees[1].
Effect of expiry or termination. Rights to the affected Offering end automatically. The customer must stop using it, remove and destroy all Software and related Siemens Confidential Information, and certify the removal and destruction in writing. Customer Content can be retrieved for 30 days if the customer is compliant and pays any applicable fees; after that it may be deleted. Termination does not remove the obligation to pay the total fees in any Order[1]. Catalog rule: On expiry or termination, stop use, destroy Software and certify destruction in writing.
Transfers. The Agreement and the rights under it may not be assigned, sublicensed or otherwise transferred, including by operation of law, without Siemens’ prior written consent[1]. Catalog rule: Agreement and license rights may not be assigned or transferred without Siemens consent.
Out of scope
- PLM Software Specific Maintenance Services Terms and other product-specific maintenance documents linked from siemens.com/sw-terms/mes, including any reinstatement terms they contain.
- Cloud Support and Service Level Framework for Cloud Services.
- Prices for maintenance or subscriptions. None are published in the cited terms.
- Solution partner contracts, which may set different invoicing and payment terms[1].