Common use of Test Criteria and Release Requirements Clause in Contracts

Test Criteria and Release Requirements. PalmSource hereby grants Licensee permission to release and distribute the Licensee Modifications made hereunder in accordance with the provisions of the Agreement, provided that such Licensee Modifications pass the Test Criteria for the unmodified Palm OS 5.2.1 and use the same external and internal APIs for the module areas described above as the unmodified Palm OS 5.2.1 as released by PalmSource. The parties agree to work together diligently and in good faith and in a timely manner to develop reasonable, new compatibility and certification tests as needed to test the external and internal APIs for the module areas described above to ensure consistent and compatible operation with those used in the unmodified Palm OS 5.2.1 as released by PalmSource. To this end, Licensee will use diligent efforts to promptly provide PalmSource with information in writing as required for PalmSource to create such compatibility and certification tests, and PalmSource will use diligent efforts to promptly create such compatibility and certification tests, in order for the Licensee Modifications to be released in a timely fashion. Licensee shall not release or distribute any Licensee Modifications to the PS Source Code made hereunder unless the Licensee Products incorporating such Licensee Modifications satisfy the requirements of this Section (including passing the compatibility and certification tests created hereunder).

Appears in 2 contracts

Samples: Software License Agreement (Palmsource Inc), Software License Agreement (Palm Inc)

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Test Criteria and Release Requirements. PalmSource hereby grants Licensee permission to release and distribute the Licensee Modifications made hereunder in accordance with the provisions of the Agreement, provided that such Licensee Modifications pass the Test Criteria for the unmodified Palm OS 5.2.1 and use the same external and internal APIs for the PALMSOURCE AND PALMONE CONFIDENTIAL module areas described above as the unmodified Palm OS 5.2.1 as released by PalmSource. The parties agree to work together diligently and in good faith and in a timely manner to develop reasonable, new compatibility and certification tests as needed to test the external and internal APIs for the module areas described above to ensure consistent and compatible operation with those used in the unmodified Palm OS 5.2.1 as released by PalmSource. To this end, Licensee will use diligent efforts to promptly provide PalmSource with information in writing as required for PalmSource to create such compatibility and certification tests, and PalmSource will use diligent efforts to promptly create such compatibility and certification tests, in order for the Licensee Modifications to be released in a timely fashion. Licensee shall not release or distribute any Licensee Modifications to the PS Source Code made hereunder unless the Licensee Products incorporating such Licensee Modifications satisfy the requirements of this Section (including passing the compatibility and certification tests created hereunder).

Appears in 2 contracts

Samples: Software License Agreement (Palm Inc), Software License Agreement (Palmsource Inc)

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