Acceptance of Software. The Licensed Product(s) shall be accepted as conforming to the requirements of the Purchase Order (including the Software License and/or Lease Agreement) only upon successful completion of the validation process. If the Licensor fails within thirty
Acceptance of Software delivery of the Software or where applicable, delivery of the configured Software, unless otherwise agreed. Business Day: a measurement of time that typically refers to any day in which normal business is conducted and excludes weekends and public holidays. Commercially Reasonable Efforts: the same degree of priority and diligence with which Xxxxxx meets the support needs of its other similar end users. End User Cause: any of the following causes:
Acceptance of Software. Except as may otherwise be agreed upon in writing between Perforce and Licensee, the Software shall be deemed to be accepted upon delivery of the Software and Documentation.
Acceptance of Software. For software executable code deliverables, where Cinax delivers to Digital LAVA the alpha, beta and final versions of each Deliverable, Digital LAVA shall evaluate and submit a written acceptance or rejection to Cinax within five (5) business days of receipt of the alpha and beta versions and seven (7) business days after receipt of the final version of the Deliverables. Acceptance shall be in writing, and Digital LAVA shall not unreasonably withhold its acceptance unless a Deliverable is not according to the Specifications or is not according to Schedule A. If Digital LAVA identifies Errors in a deliverable within the acceptance period, Cinax shall correct such Errors following receipt thereof. Cinax shall use its best efforts to correct Errors during acceptance testing for the alpha and beta versions of each Deliverable and within the time specified in Schedule B with respect to errors discovered during acceptance testing for the final version of each Deliverable.
Acceptance of Software. 5.1 Where Fluent supplies any software to the Client, such software shall be subject to acceptance by the Client pursuant to this clause.
5.2 Fluent shall notify the Client when installation is complete. Fluent shall supply to the Client immediately after installation of any software, test data which in the reasonable opinion of the parties is suitable to test whether the software performs to the specification agreed between the parties. The Client shall not be entitled to object to such test data or expected results unless the Client can demonstrate to Fluent that they are not suitable for testing the software as aforesaid, in which event Fluent shall make any reasonable amendments to such test data and expected results as the Client may request. Subject to the receipt of such test data and expected results, the Client shall process such data, in the presence of Fluent or its authorised representative, by way of acceptance testing within 7 days after such receipt at a time mutually convenient to both parties.
5.3 The Client shall accept the software immediately after Fluent has demonstrated that the software has correctly processed the test data by achieving the expected results.
5.4 If the software fails to pass the tests referred to in clause 5.2 the Client shall notify Fluent of such failure. Fluent shall, within 3 days following notification of the relevant failure, at its own expense correct the errors in the software and notify the Client that it is ready to repeat the tests. Such tests shall be repeated within 7 days after such notice at a time mutually convenient to both parties.
5.5 Notwithstanding the above, installation of the software shall be deemed to be completed and the software shall be deemed to be accepted upon successful execution of the tests referred to above including as a result of the Client's failure to notify Fluent of the failure of any tests within the timescales provided above or when the software has been put into operational use by the Client, whichever is the earlier.
Acceptance of Software. (a) The Licensee shall commence Acceptance testing of the Software immediately following delivery thereof.
(b) Acceptance testing shall determine whether the Software delivered operates correctly by reference to the following test procedure:
Acceptance of Software. The Software shall be deemed to be accepted upon delivery of the Software and Documentation to Customer.
Acceptance of Software. All Software provided under this License Agreement shall be deemed to have been accepted by Customer upon the delivery of the Software.
Acceptance of Software. (NON SOURCE CODE) Mykrolis will have thirty (30) days from the date of receipt of a Complete Copy of the Software to evaluate the Software for conformity with the manuals and other documentation, if any, that Millipore makes available with the Software to end users or which are reasonably necessary to use the software licensed herein, including those items listed and described in the relevant Transition Service Schedule hereto (the "Documentation") and specifications, and either accept, return for rework or reject the Software. Mykrolis shall accept the Software if it substantially conforms with Documentation and specifications. Mykrolis will be entitled to test and evaluate the Software and Millipore hereby grants to Mykrolis the right to use and reproduce the Software only to the extent necessary for Mykrolis to perform its evaluation. Such license will include the right of Mykrolis to use third party subcontractors bound by the relevant restrictions herein solely as necessary to achieve the foregoing. If Mykrolis returns the Software for rework, Millipore will use its best efforts to correct the identified defects in Software designated on a Transition Service Schedule as being "Mission Critical" and will use reasonable commercial efforts to correct the identified defects in all other Software and resubmit the Software for re-evaluation under the same acceptance procedure.
Acceptance of Software. All Software will be deemed accepted by OEM upon shipment thereof to OEM, delivery of applicable Keys to OEM, or delivery of such Software by OEM to a third party, whichever occurs first.
