Computer Systems Software Clause Samples
Computer Systems Software. 8 4.13. Sufficiency of Assets ............................................................ 10 4.14. Contracts ........................................................................ 10 4.15.
Computer Systems Software. To Sellers' Knowledge:
(a) Condition of Computers. All Computers:
(1) are in full operating order and fulfill, in an efficient manner without material downtime or errors, the purposes for which they were acquired, established and are currently used ;
(2) have adequate capacity for the present needs of the Company and (taking into account the extent to which the computer systems are expandable) foreseeable future needs;
(3) have adequate security, back-ups, duplication, hardware and software support and maintenance (including emergency cover) and trained personnel to ensure:
(A) that breaches of security, errors and breakdowns are kept to a minimum; and
(B) that no material disruption will be caused to the Company or any material part thereof in the event of a breach of security, error or breakdown;
(4) are properly established and documented by written technical descriptions and manuals so as to enable them to be used and operated by any reasonably qualified personnel;
(5) are under the sole control of the Company, are located at branch locations of the Company, are not shared with, used by or on behalf of or accessible by any other Person and, except for software properly licensed to the Company, are owned by the Company;
(6) are not obsolete and are not likely to be in need of replacement or material upgrading within two years after the date hereof; and
(7) comply with and are used in accordance with all Legal Requirements.
Computer Systems Software. 19 4.12 Condition and Sufficiency of Assets...............................21 4.13 Contracts........................................................21 4.14 Customers of Seller; Conditions Affecting Seller.................22 4.15
Computer Systems Software