Common use of Software and Equipment Clause in Contracts

Software and Equipment. 4.2.1 Vendor shall be responsible for: (a) the evaluation, procurement, testing, installation, rollout, support and maintenance of Software associated with the provision of the Products and Services (including Updates, Upgrades, new versions or new releases of such Software as described in Section 0, below); and (b) the compliance with and performance of all operational, administrative and contractual obligations specified in such applicable licenses and contracts, including nondisclosure obligations. Vendor shall be responsible for the evaluation, procurement, testing, installation, rollout, use, support, management, administration, operation and maintenance of all Equipment required for the performance of the Work in accordance with the Documents (including all Updates, Upgrades or modifications). Except to the extent expressly set forth in the Documents, Vendor shall be responsible for providing all furniture, fixtures, Equipment, space and other facilities required to perform the Work and all upgrades, improvements, replacements and additions to such furniture, fixtures, Equipment, space and facilities without additional charge to Reliance. 4.2.2 Vendor represents and warrants that (i) each Revision Level shall be Backwards Compatible, and (ii) all Point Releases and other bug-fixes shall be Backwards Compatible with all of the last [***] consecutive Revision Levels prior to the current Revision Level. In the event that any Product supplied by the Vendor at any time does not provide Backwards Compatibility as required by this Section 4.2.2, then the Vendor shall provide, without charge to Reliance, any and all necessary Updates and Upgrades (and otherwise take such steps as may be necessary) to achieve Backwards Compatibility. [***].

Appears in 2 contracts

Sources: Broadband Access Network General Terms and Conditions (Utstarcom Inc), Broadband Access Network General Terms and Conditions (Utstarcom Inc)