Common use of Acceptance of Software Clause in Contracts

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. 5.1 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 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 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 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 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. 5.1 4.1. Where Fluent supplies any software to the Client, such software shall be subject to acceptance by the Client pursuant to this clause. 5.2 4.2. 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 4.3. The Client shall accept the software immediately after Fluent has demonstrated demon 4.4. strated that the software has correctly processed the test data by achieving the expected results. 5.4 4.5. 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 4.6. 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.