Acceptance of Licensed Software. Except as may otherwise be agreed upon in writing between Rogue Wave and Licensee, the Licensed Software shall be deemed to be accepted upon delivery of the Licensed Software and Documentation.
Acceptance of Licensed Software. EDS shall accept delivered copy(ies) of ------------------------------- the Licensed Software on the date (the "Acceptance Date") when necessary Documentation has been received and (i) the Licensed Software performs in accordance with and/or conforms to its Applicable Specifications, (ii) the Licensed Software is used in a production environment, or (iii) on the ninetieth (90th) day after receipt of the Licensed Software by EDS, whichever occurs first. If, within such ninety (90) day period, EDS determines that the Licensed Software does not so perform and/or conform, EDS shall so notify Chordiant in writing and Chordiant shall have thirty (30) days from receipt of such notice to correct any non-conforming and/or non-performing features. If, after such thirty (30) day cure period, EDS determines that such Licensed Software still fails to perform in accordance with and/or conform to its Applicable Specifications, EDS may return the Licensed Software and related Documentation to Chordiant, at Chordiant's expense and without liability to Chordiant, and any amounts paid by EDS for the Licensed Software and Documentation shall be refunded by Chordiant to EDS. Acceptance of Licensed Software does not waive any warranty rights provided in this Agreement for the Licensed Software.
Acceptance of Licensed Software. NON CANCELABLE. Obligor’s acceptance of the Licensed Software shall be conclusively and irrevocably evidenced by Obligor signing the Certificate of Acceptance in the form provided or requested by Payee and upon acceptance, the Schedules shall be noncancelable for the applicable Term. If Obligor cancels or terminates a Schedule after its execution and prior to delivery of the Licensed Software or if obligor fails or refuses to sign the Certificate of Acceptance as to all or any part of the Licensed Software within a reasonable time, not to exceed ten days, after the Licensed Software has been delivered, in which event Obligor will be deemed to have cancelled the Schedule, Obligor shall automatically assume all of Payee’s license payment obligations for the Licensed Software and Obligor agrees to indemnify and defend Payee from any claims, including any demand for payment of the license payment price for the Licensed Software, by the developer or seller of the Licensed Software.
Acceptance of Licensed Software. _______________________________________6
Acceptance of Licensed Software. Upon the initial delivery of a portion (as set forth in Exhibit B) of the Licensed Software for a Project, EDS may, at its option, perform acceptance tests thereon to determine whether such items materially conform to the Applicable Specifications for such Project. EDS shall be deemed to have accepted such items for such Project upon the successful completion of such acceptance tests or thirty (30) days after delivery, whichever is sooner, absent delivery of notice to Supplier of rejection of the items within such thirty (30) days. Such notice shall provide a detailed description of the Licensed Software's non-conformance with the Applicable Specifications. If EDS notifies Supplier within such thirty (30) days that the item does not conform to the Applicable Specifications, Supplier shall repair or replace such item within forty-five (45) days of its receipt of a notice of non-conformance. Acceptance of Licensed Software does not waive any warranty rights provided in this Agreement for the Licensed Software. If Supplier determines that there was a material failure of the Licensed Software to perform according to the Applicable Specifications that was attributable to a defect in the Licensed Software and if Supplier cannot correct the failure within forty-five (45) days (or such longer period as agreed to by Supplier and
Acceptance of Licensed Software. Each End User shall accept delivered copy(ies) of the Licensed Software on the date (the "Acceptance Date") when all necessary Licensed Software and Documentation has been received by it; provided, however, that following the Acceptance Date, SUPPLIER or the End User may (i) continue to inspect and test the Licensed Software, with the assistance of EDS if requested, and (ii) return any faulty, defective or non-conforming Licensed Software and Documentation to EDS, at EDS' expense and without liability of SUPPLIER or any End User, and any amounts paid by SUPPLIER for the Licensed Software and Documentation shall be refunded by EDS to SUPPLIER. SUPPLIER or its End User shall notify EDS in writing on SUPPLIER's or End User's corporate letterhead of any rejection of the Licensed Software within thirty (30) days of the Acceptance Date and failure to so notify EDS shall constitute acceptance.
Acceptance of Licensed Software. EDS shall accept delivered copy(ies) of Licensed Software on the date (the "Acceptance Date") when all necessary Documentation has been received and the Licensed Software performs in accordance with and/or conforms to its Applicable Specifications. In the event Licensed Software does not so perform, EDS may (i) continue to test the Licensed Software with the assistance of ASI, (ii) permit ASI to repair or replace the Licensed Software at no additional expense to EDS, or (iii) return the Licensed Software and Documentation to ASI, at ASI's expense and without liability to ASI, and any amounts paid by EDS for the Licensed Software and Documentation shall be refunded by ASI to EDS. Acceptance of Licensed Software does not waive any warranty rights provided in this Agreement for the Licensed Software.
Acceptance of Licensed Software. EDS shall accept delivered copy(ies) of Licensed Software on the date (the "Acceptance Date") when all necessary Documentation has been received and the Licensed Software performs in accordance with and/or conforms to its Applicable Specifications. In the
Acceptance of Licensed Software. EDS shall accept delivered copy(ies) of Licensed Software on the date (the "Acceptance Date") when all necessary Documentation has been received and the Licensed Software performs in accordance with and/or conforms to its Applicable Specifications. In the event Licensed Software does not so perform, EDS may (i) continue to test the Licensed Software with the assistance of Network-1, (ii) permit Network-1 to repair or replace the Licensed Software at no additional expense to EDS, or (iii) return the Licensed Software and Documentation to Network-1, at Network-1's expense and without liability to Network-1, and any amounts paid by EDS for the Licensed Software and Documentation shall be refunded by Network-1 to EDS. Acceptance of Licensed Software does not waive any warranty rights provided in this Agreement for the Licensed Software.
Acceptance of Licensed Software. EDS shall accept delivered copy(ies) of Licensed Software on the date (the "Acceptance Date") when all necessary Documentation has been received and the Licensed Software performs in accordance with and/or conforms to its Applicable Specifications. In the event Licensed Software does not so perform, EDS may (i) continue to test the Licensed Software with the assistance of Anacomp, (ii) permit Anacomp to repair or replace the Licensed Software at no additional expense to EDS, or (iii) return the Licensed Software and Documentation to Anacomp, at Anacomp's expense and without liability to Anacomp, and any amounts paid by EDS for the Licensed Software and Documentation shall be refunded by Anacomp to EDS. Acceptance of Licensed Software does not waive any warranty rights provided in this Agreement for the Licensed Software.
