Common use of Acceptance by Licensee Clause in Contracts

Acceptance by Licensee. Licensee shall conduct acceptance tests of the Software during the thirty (30) days following the receipt of the Software. If during this acceptance period Licensee finds that the Software does not substantially conform to its material specifications, Licensee may reject the Software by providing written notice with a description of the nonconformity to the Department. The Department will replace the Software provided the Licensee returns such defective Software to the Department, paying for the return shipping and insurance such that the Software is returned in the same condition as delivered. FAILURE TO RETURN THE SOFTWARE WITHIN THE THIRTY (30) DAY PERIOD SHALL CONSTITUTE ACCEPTANCE OF THE SOFTWARE BY LICENSEE. Replacement within such period shall be Licensee’s sole remedy for the Software’s failure to conform to applicable specifications.

Acceptance by Licensee. Licensee shall conduct acceptance tests of the Software during the thirty (30) days following the receipt of the Software. If during this acceptance period Licensee finds that the Software does not substantially conform to its material specifications, Licensee may reject the Software by providing written notice with a description of the nonconformity to the Department. The Department will replace the Software provided the Licensee returns such defective Software Software, including the software security dongle, to the Department, paying for the return shipping and insurance such that the Software is returned in the same condition as delivered. FAILURE TO RETURN THE SOFTWARE, INCLUDING THE SOFTWARE SECURITY DONGLE, WITHIN THE THIRTY (30) DAY PERIOD SHALL CONSTITUTE ACCEPTANCE OF THE SOFTWARE BY LICENSEE. Replacement within such period shall be Licensee’s sole remedy for the Software’s failure to conform to applicable specifications.