Custom Modifications. Sub-Licensee may, at any time during the term of this Agreement, upon approval of Licensee, request to have Licensor modify or enhance the Software to meet its exclusively determined needs (“Custom Modifications”). Licensor shall undertake such Custom Modifications of the Software as may be requested by Sub-Licensee and approved by Licensee at its then current rate. For each Custom Modification requested, Sub-Licensee shall provide written specifications to Licensor that shall be mutually agreed upon with Licensee prior to Licensor’s commencement of such Custom Modification services. Using these specifications, Licensor shall offer Sub-Licensee a “capped” fee estimate to meet the specifications. Upon approval, the parties shall determine a mutually acceptable timeline for delivery, approval, deployment and payment for such Custom Modifications. Once deployed, these Custom Modifications become functional components of the Software and are subject to the same Warranty claims under Section 15 below. Title and ownership of all Custom Modifications shall remain in Licensor.
Appears in 3 contracts
Sources: Sub License Agreement, Sub License Agreement, Sub License Agreement