Common use of Conditions and Obligations Clause in Contracts

Conditions and Obligations. The elimination of errors, i.e. deviations from the respective product description, subsidiarily from the respective user guide- book, shall be effected by the delivery of a software alternative, a hotfix, an update or upgrade. The error is eliminated under the condition that it is reproducible and occurs in the latest version acquired by Licensee. Licensee shall provide Licensor with all information and documents necessary for the error elimination in written form, without delay and without charge, to the extent they are available to Licensee and they do not fall under a specific confidentiality obligation. Licensee shall grant to Licensor access to all affected equipment and data and shall provide all necessary data and machine time without charge. Until the provision of new software in which the error has been eliminated, Licensor will provide an interim solution to work around the error if this is possible with reasonable expenses. Licensor hereby informs Licensee that due the complexity of Innovator, the defect analysis and elimination of major defects is not possible in less than five working days, because such an amount of time is necessary only for the correction of a localized error as well as for porting, tests etc. The costs and the risk of the transport of the data carrier to Li- censee shall be borne by Licensor.