Compatibility Certification Requirement Sample Clauses
Compatibility Certification Requirement. Licensee agrees that it shall not commercially release or distribute any Licensee Products incorporating any part of the PS Licensed Products which have not received compatibility certification pursuant to subsection (a) above from an Approved Testing Lab in accordance with the Test Criteria (“Compatibility Certification”). Each version of a Licensee Product shall be required to pass the Test Criteria only once, regardless of PalmSource’s subsequent modifications to the PS Licensed Products. However, in order to obtain Compatibility Certification for any PS Licensed Product with new functionality and new Test Criteria as described in Section 2.3(a) (Compatibility Testing), Licensee may submit Licensee Products for compatibility testing against such new Test Criteria in accordance with Section 2.3(a) (Compatibility Testing). Licensee may indicate Compatibility Certification for Licensee Products only with respect to the version(s) of the Test Criteria which the Licensee Products have passed. If either: (x) Licensee creates a foreign language version (“Localized Version”) for the United Kingdom (English language only), Brazil, Portugal, France, Italy, Germany, or Spain of a Licensee Product that has already received Compatibility Certification, or (y) a Licensee Product where the immediately preceding version of such Licensee Product has received Compatibility Certification and the only change is installation of an Update replacing the immediately preceding version of the respective PS Licensed Product, then Licensee may, at its option and its sole cost and expense, conduct the compatibility testing of such Localized Version or Licensee Product with the Update itself (i.e. without using an Approved Testing Lab), provided that all of the following conditions are met:
(i) The Licensee Product does not contain any incremental Operating System Software or functionality which was not contained in the primary Licensee Product which received Compatibility Certification from an Approved Testing Lab. “Operating System Software” means (i) a computer program that manages other computer programs in a computer, and (ii) is used by application programs by making requests for services through a defined application program interface.
Compatibility Certification Requirement. Licensee agrees that it shall not release or distribute any Licensee Products incorporating any part of the Palm Software which have not received compatibility certification pursuant to subsection (a) above from an Approved Testing Lab in accordance with the Test Criteria (“Compatibility Certification”). Each version of a Licensee Product shall be required to pass the Test Criteria only once, regardless of Palm’s subsequent modifications to the Palm Software. However, in order to obtain Compatibility Certification for Palm Software with new functionality and new Test Criteria as described in Section 2.3(a), Licensee may submit Licensee Products for compatibility testing against such new Test Criteria in accordance with Section 2.3(a). Licensee may indicate Compatibility Certification for Licensee Products only with respect to the version(s) of the Test Criteria which the Licensee Products have passed. If Licensee creates a foreign language version (“Localized Version”) for the United Kingdom (English language only), France, Italy, Germany or Spain of a Licensee Product that has received Compatibility Certification, then Licensee may, at its option [*], conduct the compatibility testing of such Localized Version itself (i.e. without using an Approved Testing Lab), provided that all of the following conditions are met:
(i) The Localized Version does not contain any incremental operating system software or functionality which was not contained in the primary Licensee Product which received Compatibility Certification from an Approved Testing Lab.
(ii) None of the Approved Testing Labs could commit to completing the Compatibility Certification for the Localized Version within thirty (30) days from receipt of such Localized Version. If an Approved Testing Lab commits to such deadline, but the compatibility testing exceeds such * Confidential treatment has been requested for the bracketed portion. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. time period, because the Approved Testing Lab issued a Statement of Errors, then the Approved Testing Lab shall be afforded an additional period of time to complete such testing as may be reasonably required to fix such errors and retest, taking into consideration both the nature of such errors and Licensee’s timeliness and responsiveness in correcting such errors.
(iii) Licensee shall conduct the compatibility testing of the Localized Version strictly i...
Compatibility Certification Requirement. Subject to Section 2.3(c), Licensee agrees that it shall not release or distribute any version of the Licensee Client Software which has not received compatibility certification from an Approved Testing Lab in accordance with the Test Criteria. Each version of the Licensee Client Software developed by Licensee shall be required to pass the Test Criteria only once, regardless of Palm's subsequent modifications to the Test Criteria. However, in order to obtain compatibility certification for Licensee Client Software with new Test Criteria as described in Section 2.3(a), Licensee may submit any Licensee Client Software for compatibility testing against such new Test Criteria in accordance with Section 2.3(a). Licensee may indicate compatibility certification for Licensee Client Software only with respect to the version(s) of the Test Criteria which such Licensee Client Software has passed.
Compatibility Certification Requirement. JD agrees that it shall not release or distribute any JD Products which have not received compatibility certification from an Approved Testing Lab in accordance with the Test Criteria. Each version of a JD Product shall be required to pass the Test Criteria only once, regardless of 3Com's subsequent modifications to the Palm Software. However, in order to obtain compatibility certification for Palm Software with new functionality and new Test Criteria as described in the last paragraph of Section 2.3(a), JD may submit JD Products for compatibility testing against such new Test Criteria in accordance with Section 2.3(a). JD may indicate compatibility certification for JD Products only with respect to the version(s) of the Test Criteria which the JD Products have passed.