Common use of Acceptance of Software Clause in Contracts

Acceptance of Software. At CINGULAR's option, CINGULAR may conduct Acceptance testing during the thirty (30) calendar days following the delivery and installation of the Software ("Acceptance Period"). If requested by CINGULAR, SUPPLIER shall participate in the Acceptance tests at no additional charge to CINGULAR. If, during the Acceptance Period, CINGULAR determines that the Software fails any portion of the Acceptance test, CINGULAR shall notify SUPPLIER, specifying the area of nonconformance. SUPPLIER shall correct all areas of nonconformance which cause the Software to fail the Acceptance test. In the event SUPPLIER fails to correct said nonconformance within fifteen (15) calendar days following notice from CINGULAR, CINGULAR may cancel the Order and receive full reimbursement for any and all amounts paid related to the unaccepted Software, including without limitation, fees paid for licenses, software maintenance or other Services. CINGULAR may, at its sole option, extend any Acceptance Period for a mutually agreed upon time, subject to CINGULAR's right to cancel and obtain reimbursement if the Software fails Acceptance testing within such extension period.

Appears in 2 contracts

Sources: Master Supplier Agreement (Spectrian Corp /Ca/), Master Supplier Agreement (Spectrian Corp /Ca/)