Common use of Related Software Clause in Contracts

Related Software. Defined in Section 32 (Amendments to Appendix B) of this Contract, Related Software must be in a format that does not require any conversion by the Authorized User. Related software includes the following four types of software: a. Software required for hardware setup, or to take full advantage of all features of hardware acquired under this contract. b. Assistive Technology software designed for use by persons with disabilities, including, but not limited to, those listed in the table above. c. Operating system software purchased with or included with the Integrated Microcomputer System (IMS) purchase, such as Windows, UNIX, Linux and Apple OS. d. Third Party software that meets the requirements of Section 3 below, and has been pre-approved by OGS for inclusion in the Contract pricelist. The above listed “a” and “c” must be acquired and delivered at the time of the hardware purchase. Third Party software, “d,” must also be acquired and delivered at the time of the hardware purchase, unless the software can also be classified as “b,” Assistive Technology software. OGS reserves the right, at its sole discretion, to expand or limit the above list, to deny the inclusion of any software, or request the removal of previously approved software. Any Related Software currently on the NYS Miscellaneous Software Catalog contract Prohibited List is excluded from purchase under this Contract, except when the operating system is pre-loaded on the Integrated Microcomputer System (IMS) at the time of purchase, or when OGS has preapproved the inclusion of the software. The Prohibited List may be accessed on the OGS website: ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇▇▇.▇▇.▇▇/purchase/snt/awardnotes/79518Prohibited.pdf. Related Software offered under this Contract shall be licensed in accordance with the software developer’s standard license and warranty terms, or the terms offered under the NYS Miscellaneous Software Catalog Contract (Group 79518), whichever is more favorable to the Authorized User. Additionally, operating system software shall be licensed in accordance with the terms and conditions offered on the software developer’s direct NYS software Contract, if available. License and warranty terms shall be furnished to Authorized User at time of purchase in either hard copy or electronic form. Notwithstanding the foregoing, warranty coverage for Related Software must start co-terminously with the Product warranty period set forth in this Contract, (see Appendix B, Clause 72, Additional Warranties). Any costs associated with this requirement shall be borne by the Contractor.