Common use of Custom Software Clause in Contracts

Custom Software. 1. Contractor warrants that Software Deliverables shall operate in all material respects as described in the applicable specification documentation for one hundred and eighty (180) days after Acceptance. The Authority shall notify Contractor of any Software deficiency within one hundred and eighty (180) days after Acceptance of the Software Deliverable. 2. Contractor warrants that, at the time of Acceptance of the Software Deliverable provided pursuant to the contract, its product shall be free of what are commonly defined as viruses, backdoors, worms, spyware, malware and other malicious code that will hamper performance of the Software, collect unlawful personally identifiable information on users, or prevent the Software from performing as required under the contract. Under no circumstances does this warranty provision limit the Contractor’s obligation in the event of a breach of confidentiality. 3. In the event of any breach of this warranty, Contractor shall correct the Software errors that caused the breach of warranty, or if Contractor cannot substantially correct such breach in a commercially reasonable manner, the Authority may recover a portion of the fees paid to Contractor for the Software Deliverable to reflect any reduction in the value of the Software Deliverable as a result of the uncorrected defect. Under no circumstances does this warranty provision limit the Contractor’s obligations in the event of a breach of confidentiality. 4. Contractor does not warrant that Software is error-free or that it will operate uninterrupted.

Custom Software. 1. Contractor warrants that Software Deliverables shall operate in all material respects as described in the applicable specification documentation for one hundred and eighty (180) days after Acceptance. The Authority CCRC shall notify Contractor of any Software deficiency within one hundred and eighty (180) days after Acceptance of the Software Deliverable. 2. Contractor warrants that, at the time of Acceptance of the Software Deliverable provided pursuant to the contract, its product shall be free of what are commonly defined as viruses, backdoors, worms, spyware, malware and other malicious code that will hamper performance of the Software, collect unlawful personally identifiable information on users, or prevent the Software from performing as required under the contract. Under no circumstances does this warranty provision limit the Contractor’s obligation in the event of a breach of confidentiality. 3. In the event of any breach of this warranty, Contractor shall correct the Software errors that caused the breach of warranty, or if Contractor cannot substantially correct such breach in a commercially reasonable manner, the Authority CCRC may recover a portion of the fees paid to Contractor for the Software Deliverable to reflect any reduction in the value of the Software Deliverable as a result of the uncorrected defect. Under no circumstances does this warranty provision limit the Contractor’s obligations in the event of a breach of confidentiality. 4. Contractor does not warrant that Software is error-free or that it will operate uninterrupted.