Errors Not Caused by the Software Clause Samples
Errors Not Caused by the Software. 5.1 If Licensor reasonably believes that a problem reported may not be due to an Error in the Software, Licensor will notify Licensee and shall not proceed further unless Licensee provides written instruction to do so. If upon subsequent resolution of the problem it is determined that the problem is not a result of an Error in the Software, Licensee will pay for time and materials at the then standard rates for the time spent in the resolution process, based on an invoice issued by Licensor.
Errors Not Caused by the Software. If AgileCraft reasonably believes that a problem reported by Licensee is not an Error, AgileCraft will so notify Licensee, and AgileCraft will not proceed further, unless mutually agreed by the parties. If after mutual agreement, AgileCraft proceeds and the problem is diagnosed and determined to NOT be due to an Error, AgileCraft will, at AgileCraft’s option, bill Licensee at its then current rates for the time and expenses that AgileCraft incurs in connection with the diagnosis and cure of said problem.