Common use of Custom Code Clause in Contracts

Custom Code. Data Virtuality is not required to adapt the Licensed Software to the specific individual needs or the IT environment of a Client, unless the parties have agreed otherwise; however, it can be agreed upon for a fee. Accordingly, for a fee, Data Virtuality agrees to provide supplementary maintenance under the Terms and Conditions for software that is customized by Data Virtuality specifically to meet a Client’s particular needs and not included in the standard version of the Licensed Software (“Custom Software”). Such Custom Software developed under an authorized Statement of Work will incorporate the terms and conditions of this Schedule by reference and include additional Custom Software maintenance fees. Data Virtuality will, at its sole cost and expense, test any such Custom Software for compatibility with Client’s systems.

Custom Code. Data Virtuality is not required to adapt the Licensed Software to the specific individual needs or the IT environment of a Client, unless the parties have agreed otherwise; however, it can be agreed upon for a fee. Accordingly, for a fee, Data Virtuality agrees to provide supplementary maintenance under the Terms and Conditions for software that is customized by Data Virtuality specifically to meet a Client’s particular needs and not included in the standard version of the Licensed Software (“Custom Software”). Such Custom Software developed under an authorized Statement of Work will incorporate the terms and conditions of this Schedule by reference and include additional Custom Software maintenance feesfees with a price equal to twenty percent (20%) per annum of the cost of development of the applicable Custom Software. Data Virtuality will, at its sole cost and expense, test any such Custom Software for compatibility with Client’s systems.