Common use of Identification of Software Clause in Contracts

Identification of Software. The parties shall use reasonable efforts to schedule, by or promptly following the Effective Date, all software relating to the Services controlled by each of them at the Effective Date, and shall, with respect to prospective changes, maintain such schedule current throughout the Term as either develops, acquires or terminates licenses for software relating to the Services. The parties shall, promptly following the Effective Date and quarterly thereafter, update and reconcile such schedules. Promptly following each quarterly reconciliation, FIS shall deliver to FNT in electronic form, in a format and on media in common use at the time, a copy of the source code for all FNT Proprietary Software developed or modified by or on behalf of FIS since or from the prior such delivery, clearly labeled in accordance with industry practice but including, at least, product, version, date and the date of the prior delivery of source code for such product. Prior to the acquisition, development or use of any software by FIS in connection with the Services, the parties shall agree in writing on the categorization of such software as one of FNT Proprietary Software, FNT Third Party Software, FIS Proprietary Software, or FIS Third Party Software (each as defined herein below) and upon acquisition or development, shall add such software to the appropriate software schedule.

Appears in 3 contracts

Samples: Master Information Technology Services Agreement (Fidelity National Information Services, Inc.), Master Information Technology Services Agreement (Fidelity National Title Group, Inc.), Master Information Technology Services Agreement (Fidelity National Title Group, Inc.)

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Identification of Software. The parties shall use reasonable efforts to schedule, by or promptly following the Effective Date, all software relating to the Services controlled by each of them at the Effective Date, and shall, with respect to prospective changes, maintain such schedule current throughout the Term as either develops, acquires or terminates licenses for software relating to the Services. The parties shall, promptly following the Effective Date and quarterly thereafter, update and reconcile such schedules. Promptly following each quarterly reconciliation, FIS LPS shall deliver to FNT FNF in electronic form, in a format and on media in common use at the time, a copy of the source code for all FNT FNF Proprietary Software developed or modified by or on behalf of FIS LPS since or from the prior such delivery, clearly labeled in accordance with industry practice but including, at least, product, version, date and the date of the prior delivery of source code for such product. Prior to the acquisition, development or use of any software by FIS LPS in connection with the Services, the parties shall agree in writing on the categorization of such software as one of FNT FNF Proprietary Software, FNT FNF Third Party Software, FIS LPS Proprietary Software, or FIS LPS Third Party Software (each as defined herein below) and upon acquisition or development, shall add such software to the appropriate software schedule.

Appears in 3 contracts

Samples: Master Information Technology and Application Development Services Agreement (Lender Processing Services, Inc.), Master Information Technology and Application Development Services Agreement (Lender Processing Services, Inc.), Master Information Technology and Application Development Services Agreement (Lender Processing Services, Inc.)

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Identification of Software. The parties shall use reasonable efforts to schedule, by or promptly following the Effective Date, all software relating to the Services controlled by each of them at the Effective Date, and shall, with respect to prospective changes, maintain such schedule current throughout the Term as either develops, acquires or terminates licenses for software relating to the Services. The parties shall, promptly following the Effective Date and quarterly thereafter, update and reconcile such schedules. Promptly following each quarterly reconciliation, FIS shall deliver to FNT FNF in electronic form, in a format and on media in common use at the time, a copy of the source code for all FNT FNF Proprietary Software developed or modified by or on behalf of FIS since or from the prior such delivery, clearly labeled in accordance with industry practice but including, at least, product, version, date and the date of the prior delivery of source code for such product. Prior to the acquisition, development or use of any software by FIS in connection with the Services, the parties shall agree in writing on the categorization of such software as one of FNT FNF Proprietary Software, FNT FNF Third Party Software, FIS Proprietary Software, or FIS Third Party Software (each as defined herein below) and upon acquisition or development, shall add such software to the appropriate software schedule.

Appears in 1 contract

Samples: Master Services Agreement (Fidelity National Information Services, Inc.)

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