Responsibility for Software infinit is solely and exclusively responsible for the design, programming, development, functionality, operation, and maintenance of its software. infinit reserves the right to make changes to the software at any time and in its sole discretion.
Responsibility for Software. EXECUTION VERSION 11 (a) Provider shall have operational, administrative, financial and maintenance responsibility for all Provider Software. Provider shall have responsibility for the Company Software as set forth in applicable SOW or Project Order and otherwise in the Agreement. As part of the Services, Provider shall be responsible for (including any claims arising from or relating to) (i) the Provider Software (which includes the Provider Tools) and third party services (including maintenance services) for the Provider Software; and (ii) the performance of the third party providers of the Provider Software and third party services (including maintenance services) for the Provider Software. Provider shall be responsible for meeting the Service Levels with respect to the Provider Software, including responding to and resolving all incidents and problems. Provider shall comply with the duties imposed by the licenses and support agreements for all (1) Provider Software and (2) Company Software to the extent Provider has received copies of such licenses or support agreements or received written directions from Company, including those duties that Provider given its substantial experience with regard to software licensing and support, should reasonably anticipate or have knowledge of with respect to the Company Software. (b) Provider shall list expressly in the applicable SOW any Company Software for which Provider may require a license under Company’s third-party software license, together with the number of licenses that Provider requires. To the extent new, amended or additional licenses for Company Software, including the Company Software listed in the applicable SOW, are required by Provider to perform the Services to allow for new or additional seats, locations, upgrades or platforms, Provider shall (i) be responsible for complying with such licenses and associated support agreements as are required for Provider Personnel’s use of such Company Software to the extent the same is furnished by the Company and accepted by the Provider; and (ii) have financial responsibility for the financial costs of such licenses, and the prorated allocation of support costs, provided the same is agreed under the SOW. Provider shall keep the Software and other technologies provided by Provider and Provider Agents in performing the Services current to operate with Company Software and other technologies. 8.2
