Software Fixes Sample Clauses

Software Fixes. 86 12.5 Right to Modify SCP/HLR Software........................... 86 12.6 Right to Modify AS Software and Actiview Software.......... 87 12.7

Software Fixes. In the event that any Software Upgrade, Software Enhancement or Software Combined Release supplied by the Vendor during the Term of this Contract has the effect of preventing the System and/or any PCS System and/or any PCS Sub-System, as the case may be, or any part thereof from satisfying, or performing in accordance with the Specifications, the System Standards and/or Exhibit F or otherwise adversely affects the functionality or features of the System, any PCS System, any PCS Sub-System or any part thereof, then the Vendor will promptly retrofit or take such other corrective action as may be necessary to assure that the System, any such PCS System or any PCS Sub-System or any such affected part, as modified to include each such Software Upgrade, Software Enhancement or Software Combined Release, will satisfy, and perform in accordance with, the Specifications, the System Standards and/or Exhibit F and restore all pre-existing functionality and features as well as provide any new features and functionality provided by any of the foregoing modifications, in each case without any charge to the Owner (other than payment of the applicable Annual Release Maintenance Fees pursuant to the terms of this Contract).

Software Fixes. In the event that any Software Maintenance -------------- Release, Software Upgrade, Software Enhancement or Software Combined Release supplied by the Vendor during the term of this Contract has the effect of preventing any System or any part thereof from satisfying, or performing in accordance with the Specifications or the Exhibits or otherwise adversely affects the functionality or features of any System or any part thereof, then the Vendor shall promptly retrofit or take such other corrective action as may be necessary to ensure that any System or any such affected part, as modified to include each such Software Maintenance Release, Software Upgrade, Software Enhancement or Software Combined Release, shall satisfy, and perform in accordance with, the Specifications and the Exhibits and restore all pre- existing functionality and features as well as provide any new features and functionality provided by any of the foregoing modifications, in each case without any charge to the Owner (other than payment of the applicable fees pursuant to the terms of this Contract). Notwithstanding anything contained herein in this subsection to the contrary, Owner shall be responsible for the cost of any additional Equipment required to accommodate additional capacity, memory or processing requirements necessitated by any new Software feature or Optional Software Feature which Owner elects to use (provided such use by Owner is optional without losing the benefit of the Software Maintenance Release or Software Upgrade) which are contained in any such Software Upgrade, Software Enhancement or Software Combined Release; provided, however, that Owner shall -------- ------- not be required to pay for any additional Equipment required to accommodate additional capacity, memory or processing requirements necessitated by implementation of a required Software Maintenance Release, whether or not such Software Maintenance Release is issued as a stand-alone release, or is contained within a Software Upgrade, Software Enhancement or Software Combined Release.

Software Fixes. In the event that any Software Maintenance Release, Software Upgrade, Software Enhancement or Software Combined Release supplied by the Vendor during the term of this Contract has the effect of preventing any System or any part thereof from satisfying, or performing in accordance with the Specifications or the Exhibits or otherwise adversely affects the functionality or features of any System or any part thereof, then the Vendor shall promptly retrofit or take such other corrective action as may be necessary to ensure that any System or any such affected part, as modified to include each

Software Fixes. In the event that any Software Upgrade, Software Enhancement or Software Combined Release supplied by the Vendor during the Term of this Contract has the effect of preventing the System and/or any PCS System and/or any PCS Sub-System, as the case may be, or any part thereof from satisfying, or performing in accordance with the Specifications, the System Standards and/or Exhibit F or otherwise adversely affects the functionality or features of the System, any PCS System, any PCS Sub-System or any part thereof, then the Vendor will promptly retrofit or take such other corrective action (including the Installation of any additional Equipment, at the Vendor's sole cost and expense) as may be necessary to assure that the System, any such PCS System, any such PCS Sub-System or any such affected part thereof, as modified to include each such Software Upgrade, Software Enhancement or Software Combined Release, will satisfy, and perform in accordance with, the Specifications, the System Standards and/or Exhibit F and restore all pre-existing functionality and features, in each case without any cost or expense to the Owner (other than payment of the applicable Annual Release Maintenance Fees pursuant to the terms of this Contract). Notwithstanding anything contained in this subsection 12.4 to the contrary, the Owner will be responsible for the cost of any additional Equipment required to accommodate additional capacity, memory or processing requirements necessitated by any new Software feature contained in any such Software Enhancement or Software Combined Release." 10. Amendments to Section 13. Subsection 13.3 is hereby amended by making it subsection 13.3(a) and adding the following subsection 13.3(b) thereafter:

Software Fixes. In the event that any Software supplied by Vendor during the Warranty Period or during any other period that the Company pays Maintenance Fees for Software has the effect of preventing any Products, System or any part thereof from satisfying, or performing in accordance with the Specifications or the Exhibits or otherwise adversely affects the functionality or features of any Products, System or any part thereof, then Vendor shall promptly retrofit or take such other corrective action as may be necessary to ensure that any Products, System or any such affected part, as modified to include each Software Release, shall satisfy, and perform in accordance with, the Specifications and the Exhibits and restore all pre-existing functionality and features as well as provide any new features and functionality provided by any of the foregoing modifications, in each case without any charge to any Company. Notwithstanding anything contained herein in this Section to the contrary, each Company shall be responsible for the cost of any additional Equipment required to accommodate additional capacity, memory or processing requirements necessitated by any new Software feature or Optional Software Feature which such Company elects to use (provided such use is optional without losing the benefit of the Software Release) which are contained in any such Software Release; provided, however, that such Company shall not be required to pay for any additional Equipment required to accommodate additional capacity, memory or processing requirements necessitated by implementation of a required Software Release, whether or not such Software Release is issued as a stand-alone release, or is contained within a separate Software Release. Such additional Equipment shall be provided by Vendor to such Company without charge.

Software Fixes. The VAR will receive fixes as released by SEVEN for SEVEN Software bugs found with SEVEN certified devices. (a) The release vehicles and timing for SEVEN Software bugs will be governed by the mutually agreed SLA defined in Exhibit C as well as other mutually agreed timelines between SEVEN and the VAR. (b) SEVEN does not commit to providing software fixes for devices not included in the SEVEN Certified List.

Software Fixes. In the event that any Product delivered to Brightpoint or a Brightpoint Affiliate fails to function in accordance with Specifications, and such failure is the result of a fault in the software embedded in or used in association with such Product, Brightpoint or the Brightpoint Affiliate shall promptly notify Waxess in writing upon becoming aware of such failure. Upon notification of such failure, Waxess shall provide a permanent remedy within thirty (30) calendar days. If the permanent remedy does not resolve the failure, then Brightpoint or the Brightpoint Affiliate shall have the right to return the Product to Waxess for the landed price paid and the reasonable costs of configuration and customization incurred by Brightpoint or the Brightpoint Affiliate for the affected Product(s). Waxess acknowledges and agrees that time is of the essence and will make all reasonable efforts to remedy software fixes in a timely manner.

Software Fixes. If you experience a problem, which is a result of a defect in an unmodified portion of the object XP software or its documentation, call the object XP Customer Support telephone number or send a mail to the object XP help desk. You may be asked for a written description of the problem and related configuration information. A software defect is defined as a reproducible variation from published documentation and specifications. If it is determined that a program correction is necessary, you will be sent an update that will contain the correction. During the duration of this agreement, fixes will be sent free of charge or available via download.

Software Fixes. During the term of this Agreement, NetSolve shall -------------- provide NEC with notice of any Software Fixes and shall provide any such Software Fix per the rates identified for Software Maintenance Fee in Schedule B.