Common use of SOFTWARE ACCEPTANCE Clause in Contracts

SOFTWARE ACCEPTANCE. (a) Prior to Software acceptance by Customer, Customer has the right to operate the Software furnished by Seller on the Designated Processor solely for the purpose of conducting an Acceptance Test (means the test which may be performed by Customer during the Acceptance Test Period to determine whether Software will be free from defects which materially affect performance in accordance with the Seller's Specifications). Unless otherwise agreed by the parties, the Acceptance Test Period (means the period of time in days agreed to by the parties and specified in this section) for Software shall be eighteen (18) consecutive calendar days from the ship date if Customer performs installation or from the Installation Complete Date if Seller performs installation. The Software shall be deemed accepted by Customer unless Customer notifies Seller in writing to the contrary within the applicable Acceptance Test Period described above. If Seller receives written notice from Customer during the Acceptance Test Period that the Software failed the Acceptance Test, the Acceptance Date (the date on which the Software successfully completes the Acceptance Test) shall be extended on a day-to-day basis until such time as the Software passes the Acceptance Test. ***CONFIDENTIAL TREATMENT REQUESTED*** Lucent Technologies Proprietary 18 LNM980716RMPT (b) If Customer elects in the order not to perform Acceptance Tests for any Software, the Acceptance Date for such Software shall be the Delivery Date if not installed by Seller or the Installation Complete Date if installed by Seller, as applicable. (c) For any Acceptance Test conducted by Customer on newly licensed Software, and in the event that Customer encounters difficulties, Seller will, at Customer's request and for the standard rate in effect at the time of the request, provide technical assistance to Customer. (d) If Customer performs installation and elects to perform applicable tests for any Software, the warranty for such Software shall commence on the Delivery Date.

SOFTWARE ACCEPTANCE. (a) Prior to Software acceptance by Customer, Customer has the right to operate the Software furnished by Seller on the Designated Processor solely for the purpose of conducting Lucent Technologies Proprietary 22 27 an Acceptance Test (means the test which may be performed by Customer during the Acceptance Test Period to determine whether Software will be free from defects which materially affect performance in accordance with the Seller's Specifications). Unless otherwise agreed by the parties, the Acceptance Test Period (means the period of time in days agreed to by the parties and specified in this section) for Software shall be eighteen thirty (1830) consecutive calendar days from the ship date if Customer performs installation or from the Installation Complete Date if Seller performs installation. The Software shall be deemed accepted by Customer unless Customer notifies Seller in writing to the contrary within the applicable Acceptance Test Period described above. If Seller receives written notice from Customer during the Acceptance Test Period that the Software failed the Acceptance Test, the Acceptance Date (the date on which the Software successfully completes the Acceptance Test) shall be extended on a day-to-day basis until such time as the Software passes the Acceptance Test. ***CONFIDENTIAL TREATMENT REQUESTED*** Lucent Technologies Proprietary 18 LNM980716RMPT. (b) If Customer elects in the order not to perform Acceptance Tests for any Software, the Acceptance Date for such Software shall be the Delivery Date if not installed by Seller or the Installation Complete Date if installed by Seller, as applicable. (c) For any Acceptance Test conducted by Customer on newly licensed Software, and in the event that Customer encounters difficulties, Seller will, at Customer's request and for the standard rate in effect at the time of the request, provide technical assistance to Customer. (d) If Customer performs installation and elects to perform applicable tests for any Software, the warranty for such Software shall commence on the Delivery Date.

SOFTWARE ACCEPTANCE. (a) Prior to Software acceptance by Customer, Customer has the right to operate the Software furnished by Seller on the Designated Processor solely for the purpose of conducting an Acceptance Test (means the test which may be performed by Customer during the Acceptance Test Period to determine whether Software will be free from defects which materially affect performance in accordance with the Seller's Specifications). Unless otherwise agreed by the parties, the Acceptance Test Period (means the period of time in days agreed to by the parties and specified in this section) for Software shall be eighteen thirty (1830) consecutive calendar days from the ship date if Customer performs installation or from the Installation Complete Date if Seller performs installation. The Software shall be deemed accepted by Customer unless Customer notifies Seller in writing to the contrary within the applicable Acceptance Test Period described above. If Seller receives written notice from Customer during the Acceptance Test Period that the Software failed the Acceptance Test, the Acceptance Date (the date on which the Software successfully completes the Acceptance Test) shall be extended on a day-to-day basis until such time as the Software passes the Acceptance Test. ***CONFIDENTIAL TREATMENT REQUESTED*** Lucent Technologies Proprietary 18 LNM980716RMPT. (b) If Customer elects in the order not to perform Acceptance Tests for any Software, the Acceptance Date for such Software shall be the Delivery Date if not installed by Seller or the Installation Complete Date if installed by Seller, as as, applicable. (c) For any Acceptance Test conducted by Customer on newly licensed Software, and in the event that Customer encounters difficulties, Seller will, at Customer's request and for the standard rate in effect at the time of the request, provide technical assistance to Customer. (d) If Customer performs installation and elects to perform applicable tests for any Software, the warranty for such Software shall commence on the Delivery Date.