DEVELOPMENT OF SOFTWARE Clause Samples
The 'Development of Software' clause defines the obligations and expectations regarding the creation, customization, or delivery of software by one party for another. It typically outlines the scope of work, timelines, deliverables, and standards the software must meet, and may address issues such as milestones, testing, and acceptance criteria. This clause ensures both parties have a clear understanding of the software development process, reducing the risk of misunderstandings and disputes over what is to be delivered and when.
DEVELOPMENT OF SOFTWARE. DEVELOPMENT OF THE SOFTWARE
2.01 Following the execution and delivery of this Agreement, BrainTech shall use diligent and continuous efforts to cause the Software to be developed generally in accordance with the Specifications. SSI acknowledges that some or all of the development work may be carried out through BrainWare Systems Inc., as a sub-contractor to BrainTech. SSI TO PAY DEVELOPMENT COSTS
2.02 SSI will pay for the development of the Software in accordance with the following procedure.
(a) At the end of each month, BrainTech shall be entitled to submit an invoice to SSI in an amount equal to:
(i) the costs incurred by BrainTech during the month in the development of the Software; plus
(ii) a 10% allowance for profit.
(b) In calculating the costs incurred in the development of the Software, BrainTech shall be entitled to charge for work done by personnel in the categories described in Schedule "B" at the charge out rates set out in Schedule "B".
(c) For work done by personnel not included in the categories set out in Schedule "B", BrainTech shall include in its invoices such time charges as it considers reasonable. SSI shall be entitled to dispute the reasonableness of any such charges by giving notice to BrainTech within 30 days of receiving the invoice. If the parties are unable to resolve their disagreement within 30 days of SSI giving such notice, then any dispute shall be resolved by arbitration pursuant to section 7.07.
(d) BrainTech shall be entitled to include in its invoices other out of pocket expenses incurred in the development of the Software, plus a 10% allowance for profit.
(e) SSI shall pay all invoices within 30 days of receipt. If SSI disputes the amount of any invoice, it shall be entitled either to:
(i) pay such amount as may be in dispute into a lawyer's trust account pending resolution of the dispute; or
(ii) pay such amount as may be in dispute to BrainTech, subject to the right of SSI to recover the amount in dispute subsequently, if the dispute is resolved in SSI's favour. AUDIT RIGHTS
2.03 SSI shall at any time have the right on reasonable notice to BrainTech to audit the books and records of BrainTech in respect of the amounts charged to SSI pursuant to this Agreement for any period. The costs of the audit shall be borne by BrainTech if the results of such audit disclose that BrainTech overcharged SSI by 10% or more in respect of the period under audit. Any dispute arising out of such audit shall be resolved by arbitration ...
DEVELOPMENT OF SOFTWARE. 21.1 If specifications for or a design of the software to be developed were not already given to Company when the Agreement was concluded, the Parties shall in consultation specify in writing which software shall be developed and in which manner this shall occur. Company shall develop the software with due care based on data to be provided by the Customer, the correctness, completeness and consistency of which the Customer shall warrant. If the Parties have agreed to use a development method which is characterized by the design and/or development of software parts being subject to a further setting of priorities to be determined during execution of the Agreement, this setting of priorities shall always occur in consultation between the Parties.
21.2 Company shall be entitled, but not required, to examine the correctness, completeness or consistency of the data, specifications or designs given to it and, if any imperfections are discovered, to suspend the agreed work until the Customer has eliminated the imperfections concerned.
21.3 Subject to the provisions in Article 6, the Customer shall only acquire the right to use the software in its own company or organization. The software's source code and the technical documentation created in developing the software may only be made available to the Customer if and insofar as expressly agreed in writing, in which event the Customer shall be entitled to make changes to this software. If Company is obliged at law to make the source code and/or technical documentation to the Customer, Company may demand a reasonable fee.
DEVELOPMENT OF SOFTWARE. In addition to the General Provisions (Chapter I) of these General Terms and Conditions and the specific provisions in the Chapter III "Services", the provisions set forth in this Chapter IV "Development of Software" shall apply if FP-development B.V. develops software at the Customer's instruction and possibly installs it. The Chapter V "Software Use and Maintenance" shall also apply to this software, except insofar as this Chapter IV provides differently. The rights and obligations referred to in this Chapter IV shall pertain solely to computer software in a form which is readable for a data processing machine and recorded on material which is readable for such a machine, as well as to the related documentation. Where this Chapter IV mentions "software", this shall also refer to websites.
DEVELOPMENT OF SOFTWARE. 20.1 In addition to the General Provisions of these general terms and conditions and the special provisions in the chapter "Provision of Services", the provisions stated in this chapter "Development of software" apply if TOOMBA develops software on behalf of the Client and possibly installs it. The chapter “Use and maintenance of software” also applies to this software, except insofar as this chapter deviates from it. The rights and obligations referred to in this chapter relate exclusively to computer software in a form readable for a data processing machine and recorded on material readable for such a machine, as well as to the associated documentation. Where this chapter refers to software, this also includes websites.
20.2 If specifications or a design of the software to be developed have not already been made available to TOOMBA when entering into the agreement, the parties will specify in writing which software will be developed and how this will be done. TOOMBA will carefully develop the software on the basis of the data to be provided by the Client, the correctness, completeness and consistency of which the Client guarantees. If the parties have agreed on the use of a development method that is characterized by the fact that the design and/or development of parts of the software is subject to a further prioritization to be determined during the execution of the agreement, this prioritization will always be agreed between parties are established.
20.3 TOOMBA is entitled, but not obliged, to investigate the correctness, completeness or consistency of the data, specifications or designs made available to it and, if any imperfections are found, to suspend the agreed work until the Client has removed the relevant imperfections.
20.4 Without prejudice to the provisions of Article 7, the Client only acquires the right to use the software in its own company or organization. Only if and insofar as this has been expressly agreed in writing can the source code of the software and the technical documentation made during the development of the software be made available to the Client, in which case the Client will be entitled to make changes to this software. If TOOMBA is legally obliged to make the source code and/or the technical documentation available to the Client, TOOMBA may demand a reasonable fee for this.
DEVELOPMENT OF SOFTWARE. University will use its best efforts to develop the Software described in [the project plan.] The Software development will be under the direction of ______________________ or his/her successors as mutually agreed to by the parties ("Principal Investigator") and will be conducted by the Principal Investigator at the University. Sponsor understands that University's primary mission is education and advancement of knowledge, and, consequently, the development of Software must further that mission. University does not guarantee specific results, and the Software will be developed only on a best efforts basis.
DEVELOPMENT OF SOFTWARE. In addition to the general provisions in these general terms and conditions and the specific provisions in the chapter "Services", the provisions set forth in this chapter "Development of software" shall apply, if the supplier develops software at the customer's instruction and possibly installs it. The chapter "Software use and maintenance" shall also apply to this software, except insofar as this chapter provides differently. The rights and obligations referred to in this chapter shall pertain solely to computer software in a form which is readable for a data processing machine and recorded on material which is readable for such a machine, as well as to the related documentation. Where this chapter mentions "software", this shall also refer to websites.
DEVELOPMENT OF SOFTWARE. IFS shall be responsible for developing the Software in accordance with the Functional Specifications for each Pilot Site.
DEVELOPMENT OF SOFTWARE. The Customer acknowledges that Squiz may undertake further development of its Software. The Parties agree that Intellectual Property rights in any further development of the Software under this MSA will vest with Squiz. This clause shall survive termination or expiry of this Contract.
DEVELOPMENT OF SOFTWARE. Buyer wishes to secure the services of Seller to develop a first release of certain software and software production systems (collectively, the “Software”) as more fully described in certain Statement of Work Agreements to be executed by Buyer and Seller. Such development shall be completed and the first production release shall be available by the end of the Term described below. The Software will implement a tiered, modular approach to the on-line storage solutions as a service business of Buyer. Enterprise class, scalability, protection, and reliability will be core tenets. The Software will also implement systems management for use by both Buyer and Buyer’s customers. During the Term, Seller will complete the necessary steps to take the project from concept, through specification, coding, alpha testing, beta testing and production. ▇▇▇▇ ▇▇▇▇▇▇▇ and ▇▇▇▇▇ ▇▇▇▇▇ will be deployed by Seller on a full time basis throughout the Term to complete such development.
DEVELOPMENT OF SOFTWARE. A. Beta version of the Developed Products shall be made available to the Customer for approval, within 210 days of the Commencement Date. Upon delivery of the working version of the Developed Products to the Customer, the Customer shall have 21 days to approve the working version of the Developed Products.