Common use of System Software Clause in Contracts

System Software. (a) This Section 2.06 shall only be applicable in the event any System Software is listed on Schedule “D” and/or is included with the purchase of any hardware. (b) ▇▇▇▇▇▇ shall distribute to Organization the System Software, and Organization shall pay ▇▇▇▇▇▇ for the System Software in the amount of the purchase price(s) listed on Schedule “B” and/or which may be included in the purchase price of the hardware. Upon delivery of the System Software to Organization, ▇▇▇▇▇▇ shall invoice Organization for the System Software (unless the price of the System Software is included in the price of the hardware), and Organization shall pay for the same within thirty (30) days. Delivery of the System Software shall be deemed to have occurred: (i) on the date for which ▇▇▇▇▇▇ delivers hardware to Organization with the System Software installed thereon, F.O.B. point of destination, provided that Organization shall pay the shipping charges, or (ii) the date on which ▇▇▇▇▇▇ installs the System Software on Organization’s hardware. ▇▇▇▇▇▇ and/or the System Software manufacturer(s) will provide Organization with one copy of the then current user documentation for use with the System Software. (c) Except as otherwise provided in this Agreement, Organization shall be responsible for the installation of the System Software at Organization’s location. If Organization desires ▇▇▇▇▇▇ to perform any installation which is not described in this Agreement, ▇▇▇▇▇▇ and Organization shall follow the procedures set forth in this Agreement. (d) It is acknowledged by the parties hereto that the System Software provided by ▇▇▇▇▇▇ to Organization pursuant to this Agreement was developed and delivered to ▇▇▇▇▇▇ by one or more third party software companies. As such, ▇▇▇▇▇▇ makes no warranties, express or implied, with respect to the System Software, including, without limitation, their merchantability or fitness for a particular purpose. Any warranty Organization has with respect to the System Software shall be solely provided by the third party software companies. Additionally, Organization acknowledges that its interest in the System Software may be in the nature of a license with one or more of the third party software companies which may: (i) require Organization to enter into one or more separate license agreements with such third party software companies, and/or (ii) place restrictions on Organization’s use of the System Software. (e) The parties agree that although this Agreement may contain estimated prices for the annual maintenance of the System Software, any maintenance of the System Software shall be provided solely by the third party software companies through separate agreements between Organization and such third party software companies. In no event shall ▇▇▇▇▇▇ be responsible for such System Software maintenance.