DELIVERY, ACCEPTANCE AND INSTALLATION. CUSI will deliver the Licensed Software to Licensee as mutually agreed to by the parties. Unless otherwise agreed to by the parties in a separate professional services agreement, Licensee will be solely responsible for installing and integrating the Licensed Software on its computers and with its systems as permitted under this Agreement. The Licensed Software will be deemed accepted upon delivery.
DELIVERY, ACCEPTANCE AND INSTALLATION. XXXX will deliver the Licensed Software to Licensee as mutually agreed to by the parties. Unless otherwise agreed to by the parties in a separate professional services agreement or Sales Agreement, Licensee will be solely responsible for installing and integrating the Licensed Software on its computers and with its systems as permitted under this Agreement. The Licensed Software will be deemed accepted upon delivery.
DELIVERY, ACCEPTANCE AND INSTALLATION. QUALCOMM will ship Software ordered hereunder FOB QUALCOMM's San Diego facility. For Software installed by QUALCOMM, acceptance shall occur upon installation; in all other cases, acceptance of the Software shall occur within fifteen (15) days after shipment. Unless otherwise expressly agreed, Customer shall be responsible for installing the Software into its Authorized Equipment at the Site. Installation of Software by QUALCOMM will be on a time and materials basis at QUALCOMM's then current rates plus reimbursement for travel and per diem expenses.
DELIVERY, ACCEPTANCE AND INSTALLATION. 5.1 Subject to clause 7.3, Xxxx shall use its reasonable endeavours to deliver each Software Module to the Customer by the applicable Software Delivery Date.
5.2 Before delivering any item of Xxxx Standard Software or Third-Party Software to the Customer, Xxxx shall carry out reasonable tests to ensure that such item is in operable condition and is capable of meeting the requirements of the Technical Specification once properly installed.
5.3 Xxxx shall deliver one copy of each Software Module electronically to the Customer at the address for the Customer (stated above). Risk in any tangible media on which the Software is delivered shall pass on delivery.
5.4 The Customer shall, at its own expense, be responsible for ensuring that the Customer Equipment is installed, is in working order, and is ready for installation of the Software Module in accordance with, and no later than, the relevant date specified in the Implementation Plan.
5.5 If any delivery is delayed at the request of the Customer, or because of their acts or omissions, the Implementation Plan shall be amended to take account of such delay in accordance with clause 7.5. If Xxxx can demonstrate that the delay has resulted in an increase in cost to Xxxx of carrying out its obligations under this agreement, Xxxx may, at its sole discretion, notify the Customer that it wishes to increase the Fees by an amount not exceeding any such demonstrable cost. Xxxx may invoice the Customer for any additional monies that become payable in this way, within 30 days of demonstrating the increase in costs.
DELIVERY, ACCEPTANCE AND INSTALLATION. 2.1 The Supplier shall deliver one copy of the Software to the Customer at the address notified by the Customer, within 28 days of receipt of the completed Customer Form. Risk in any tangible media on which the Software is delivered shall pass on delivery.
2.2 The Customer shall be deemed to have accepted the Software when the Customer commences operational use of the Software.
DELIVERY, ACCEPTANCE AND INSTALLATION. 2.1 The Supplier shall deliver and, if required in accordance with Error! Reference source not found., install on the Customer's equipment one copy of the Software in the agreed format to the Customer at the address for the Customer (stated in Error! Reference source not found.) within the number of days set out in Error! Reference source not found. of this licence. Risk in any tangible media on which the Software is delivered shall pass on delivery.
2.2 Within 24 hours of installation, the Customer shall supply data (Test Data) to the Supplier suitable to test whether the Software operates in accordance with the Specification (Acceptance Testing) together with the results (Test Results) it reasonably expects to be achieved by processing the Test Data using the Software.
2.3 If the Supplier can show the Customer that the Test Data or Test Results are not suitable for Acceptance Testing, the Customer shall make such amendments to the Test Data and Test Results as the Supplier may reasonably request and provide the amended versions to the Supplier within seven days of the request.
2.4 Within seven days of receipt of suitable Test Data and Test Results, the Supplier shall carry out Acceptance Testing in the presence of the Customer or its Authorised Agent.
2.5 If the initial Acceptance Testing fails, the Supplier shall, within seven days of the Acceptance Testing and at its cost, correct the errors so disclosed and repeat the Acceptance Testing in the presence of the Customer or its Authorised Agent.
2.6 If the subsequent Acceptance Testing fails, the Customer may discontinue this licence by written notice, or require the Supplier to repeat the actions described in clause 2.4 and clause 2.5 as often as the Customer wishes (subject to the limitation specified below). If the licence is so discontinued, the Supplier shall, within seven days of receipt of that notice, refund all monies paid by the Customer under this licence, and on receipt of that refund this licence shall terminate. If subsequent Acceptance Testing continues to fail, the Customer shall continue to have the same rights as described above until failure of the Ordinal Number of Acceptance Testing, or (if earlier) the date on which the Supplier reasonably determines that further Acceptance Testing will not be successful within a reasonable period, whereupon the Customer shall discontinue this licence.
2.7 The Customer shall be deemed to have accepted the Software if:
(a) the Acceptance Testing is c...
DELIVERY, ACCEPTANCE AND INSTALLATION. Xxxxxxxx will accept orders for the Software and will notify Mersive of such orders. Mersive will enter into an end user license agreement with each such End User that governs such End User’s use of the Software. Reseller may not grant End Users any licenses with respect to the Software. If applicable, the parties will arrange for the delivery of any hardware for an order. A Software Key will be provided by or on behalf of Mersive for each copy of Software ordered by an End User from Reseller. Upon delivery of a Software Key, the Software will be deemed accepted. Whenever Mersive instructs Reseller that a Software Update or Software Upgrade is available to End Users who have purchased First Level Support, Reseller will make Software Update or Software Upgrade accessible to End Users within twenty-four (24) hours.
DELIVERY, ACCEPTANCE AND INSTALLATION. 2.1 Risk in any tangible media on which the Software is delivered shall pass on delivery.
DELIVERY, ACCEPTANCE AND INSTALLATION. 2.1 The Software shall be available for delivery (in a method agreed between the parties) after the date of the Order Confirmation Form and shall be used in the manner specified in the Order Confirmation Form. The Order Confirmation Form will specify the scope and basis of the licence, whether it is licensed on a “Per User”, “Per System” and/or whether it is an “Evaluation Licence”. The Customer shall use the Software only in accordance with the scope and basis specified in the Order Confirmation Form.
2.2 Data8 shall have no obligation to perform any Services or make any Software or Software Materials available until it has issued an Order Confirmation Form.
2.3 The Software shall be installed by the Customer in the manner and subject to any conditions specified in the Order Confirmation Form and that is consistent and in compliance with all of its Microsoft Dynamics CRM Software licences.
2.4 The Customer warrants that it is and will remain all times properly licensed to use Microsoft Dynamics CRM Software and shall have all requisite licence agreement to use Microsoft Dynamics CRM Software in the manner required and/or envisaged by this Licence Agreement as set out in the Order Confirmation Form.
2.5 The Customer shall be responsible for installing and configuring the Software. Data8 shall provide reasonable support (which shall be by telephone unless agreed otherwise between the parties) to enable the Customer to configure the Software to its own requirements, to test and go live with the Software and Configured Software.
2.6 The Customer shall be deemed to have accepted the Software and the Configurations if:
2.6.1 the Customer signs an Acceptance Certificate; or
2.6.2 the Customer commences live operational use of the Software or Configured Software.
DELIVERY, ACCEPTANCE AND INSTALLATION. 2.1 The Supplier shall facilitate the delivery and install on the Customer's equipment the Software [electronically] to the Customer at the address for the Customer (stated above) within 7 days of signature of this licence and receipt of payment. Risk in any tangible media on which the Software is delivered shall pass on delivery.
2.2 The Customer shall be deemed to have accepted the Software if:
(a) the Customer signs an acceptance note or
(b) the Customer has had the software installed for 7 days or
(c) the Customer commences operational use of the Software.
2.3 Should the Customer require additional licences of the Software they will advise the Supplier in writing and provided the Suppliers terms and conditions have not changed then an additional schedule of services will be added to this contract with a signature of each authorised officer
