Common use of Failure of Acceptance Test Clause in Contracts

Failure of Acceptance Test. Retesting. If, in Customer’s sole discretion, Customer determines that the Software has not successfully completed the acceptance test, Customer shall promptly notify Licensor in writing (hereafter, “first notice of failure”) and shall specify with as much detail as possible in which respects the Software failed to pass the acceptance test. At Customer’s option, Customer can either terminate the Agreement at Software into escrow pursuant to any Escrow Agreement executed by the parties and which may be appended hereto. Licensor shall improve, add to, or otherwise modify the source code prior to or at the time any modifications of the Software are available to any of Licensor’s customers.

Failure of Acceptance Test. Retesting. If, in Customer’s sole discretion, Customer determines that the Software has not successfully completed the acceptance test, Customer shall promptly notify Licensor in writing (hereafter, “first notice of failure”) and shall specify with as much detail as possible in which respects the Software failed to pass the acceptance test. At Customer’s option, Customer can either terminate the Agreement at that point (in which case the provisions of subsection C of this section shall apply) or request Licensor to make such necessary corrections and modifications in the Software into escrow pursuant to any Escrow Agreement executed by the parties and which may be appended hereto. Licensor shall improve, add to, or otherwise modify the source code prior to or at as will permit the time any modifications of the Software are available to any of Licensor’s customers.