Operating Software, Diagnostic Software, and Upgrades Clause Samples

Operating Software, Diagnostic Software, and Upgrades. Included in the purchase price of the Product, Seller shall provide all software and hardware modifications necessary to meet regulatory requirements. The form of software license agreements available to Committed Greenhealth Exchange Participants will be included as part of any quote requested by a Committed Greenhealth Exchange Participant. All software necessary to operate the Product, unless otherwise provided in any Exhibit hereto, will be licensed to the Committed Greenhealth Exchange Participant upon Acceptance of the Product. All new operational software that provides no additional clinical functionality will be provided to Committed Greenhealth Exchange Participants at no cost. A list of optional software available from Seller, including costs for the software both during the warranty period and after the warranty period, is included in Exhibit A. Each Committed Greenhealth Exchange Participant will be given all upgrades to acquired software, including any software components of the Product, from the date of issuance of the purchase order through the expiration of the warranty period, including all extensions, and thereafter during the term of any service agreement at no charge to the Committed Greenhealth Exchange Participant. If upgrades and optional software are provided at no charge as part of a service contract, the cost of such software for Committed Greenhealth Exchange Participants not electing to purchase a service contract shall not exceed fifty percent (50%) of the service contract cost and in no event shall the cost exceed the Seller’s lowest published price list for the software. All diagnostic software necessary to troubleshoot and maintain the Products will be supplied to Committed Greenhealth Exchange Participants at no charge. Training for the use of diagnostic software will be included in the service training provided by Seller. Training in the use of diagnostic software and diagnostic software upgrades will be offered by Seller at no additional charge, unless previously agreed to by Greenhealth Exchange and included as part of Exhibit A.