Common use of Software Updates and Maintenance Clause in Contracts

Software Updates and Maintenance. 25.1 As stated in Article 2.2 of this Agreement, Clarient has developed manufactures and markets the Software to be used with the Instruments. The Product Specifications and Acceptance Criteria for the Software is enclosed hereto as Exhibit 2. 25.2 Clarient agrees to provide the Software to DakoCytomation and DakoCytomation’s customers subject to a perpetual, revocable, nonexclusive, world-wide, fully paid up, license to use, execute, display, perform and configure (within its designed parameters) the Software. 25.3 Clarient shall provide Software maintenance during the applicable warranty period for the Product, including development and creation of updates for the Software to cure software bugs and malfunctioning at no charge to DakoCytomation or its customers/end-users. 25.4 Clarient shall develop and provide upgraded versions of the Software, which may include additional or enhanced features, new functionalities and interfaces as well as new algorithms on an ongoing basis. The Parties will mutually agree upon the consideration, if any, that Clarient receives for such development work from DakoCytomation.

Appears in 2 contracts

Sources: Distribution Agreement (Chromavision Medical Systems Inc), Distribution Agreement (Clarient, Inc)