Common use of Conduct of Test Clause in Contracts

Conduct of Test. The Acceptance Test will be conducted by the Subscriber, with support from Elsevier, once the agreed services have been completed. The Subscriber will perform the Acceptance Test and report any qualified defects within 14 days upon request from Elsevier. If no qualified defects are reported within this period, the Acceptance Test is considered approved. The requirements for an approved Acceptance Test are fulfilled when the test is conducted without observing one or more qualified defects. A Qualified Defect will mean any one of the following: • the majority of Authorized Users cannot use the Subscribed Software; or • the agreed functionality is reduced to such a degree that the Subscribed Software must be regarded as out of operation; or • the usability of the Subscribed Software is reduced or impeded to a significant extent; or • the usability of the Subscribed Software is reduced to a not inconsiderable extent, unless the defect only affects a few of the relevant users or the defect can be bypassed without a significant extra effort on the part of the Subscriber. It will not be considered a Qualified Defect, if: • only one specific function is not working, unless the function in question is of key significance to the Subscriber's use of the Subscribed Software; or • no more than two (2) Authorized Users out of a larger group of Authorized Users are affected by the defect, and the other Authorized Users in the group can still use the Subscribed Software; or • the failure relates to Subscriber’s use of the Subscribed Products which is not in accordance with the Documentation and/or contrary to Elsevier’s advice. In case the number and content of non-qualified defects are of such an extent that the Subscriber's use of the Subscribed Software is affected thereby as though a Qualified Defect had been present, these will be regarded collectively as a Qualified Defect.