Modified Software. 4.10.1 Each party shall enjoy the same rights and shall be bound by the same obligations provided by this condition in respect of any of those parts of modified Software present in the non-modified Software.
4.10.2 The Contractor shall have no liability whatsoever in respect of any modifications made by or on behalf of the Department other than those made under the direction and control of the Contractor himself, and the Department shall hold the Contractor harmless against all costs, charges, losses and claims which may be made against the Contractor in respect of use by HMG of such modified Deliverable Software and which were directly attributable to the modifications. The Department will additionally hold the Contractor harmless against all costs, charges, losses and claims which may be made against the Contractor in respect of use of the Software if the Department did not have the right to pass the Software to the Contractor for modification. All the above being subject to the following:-
a. the Contractor shall promptly notify the Department in writing of any such costs, charges, losses or claims of which he has notice;
b. the Contractor shall make no admissions without the Department's consent;
c. the Contractor, at the Department's request and expense, shall allow the Department to conduct and/or settle all negotiations and litigation and give the Department all reasonable assistance. The costs incurred or recovered in such negotiations shall be for the Department's account.
Modified Software the standard software programs proprietary to Xxxx and/or third parties listed, modified or to be modified by Xxxx under this agreement. New Release: a new release of all or any part of the Supported Software suitable for use by the Customer in which previously identified faults have been remedied or to which any modification, enhancement, revision or update has been made, or to which a further function or functions have been added. New Version: a new version of the Licensed Software released by Xxxx after the Acceptance Date which provides additional or improved functionality or performance. Normal Working Hours: the hours 9am to 5pm GMT, Monday to Friday, except English Bank Holidays.
Modified Software. Licensee is free to create modifications of the Software and distribute only the modified portion created by Licensee, however, any derivative work stemming from the Software or its code must be distributed pursuant to this License, including this Notice provision.
Modified Software. Should Software generated under the Contract be modified at any time, then each party shall enjoy the same rights and be bound by the same obligations provided by this Condition in respect of any of those parts of the modified Software which were present in the Software prior to modification.
Modified Software. Subject to Xxxxxx.xxx's rights in the Licensed Software as set forth in paragraph 3.1, CyberSource will be the owner of any and all right, title and interest (including, without limitation, all Proprietary Rights) in and to any and all Modified Software, free of any claims whatsoever by Xxxxxx.xxx. In the event that CyberSource decides to market services resulting from the Licensed Software and/or Modified Software, CyberSource agrees that said service will be made available to Xxxxxx.xxx at the then current price for said service, or as otherwise mutually agreed-upon by Xxxxxx.xxx and CyberSource.
Modified Software
