Common use of Elimination of defects Clause in Contracts

Elimination of defects. 4.2.1 Telekom shall eliminate defects in the programs and program documentation. When used in accordance with the agreement, the programs must provide the services specified in the Service Specifications. To the extent that Telekom is not the software licensor, the customer and Telekom shall determine the status of the software, prior to the start of the maintenance agreement, in the form of a status report that shall serve as the basis for subsequent fault detection. 4.2.2 To the extent specified in the agreement, Telekom shall provide the customer with certain new releases of the maintenance software in order to keep the latter up to date and to prevent faults. For this purpose, Telekom shall provide the customer with updates of the maintenance software containing technical modifications and improvements as well as minor functional enhancements and improvements. Also for this purpose, Telekom shall provide the customer with patches containing corrections to the maintenance software and other measures to work around possible faults. 4.2.3 The scope of service shall not include the provision of upgrades involving major functional enhancements or any changes required by law that can be made only by partially or completely reprogramming the software to be maintained. In this event, Telekom shall have the right to demand reasonable additional payment upon prior written notification. If the customer refuses to give its written consent thereto, Telekom shall have the right to terminate the agreement for good cause.