Common use of Error Correction Services Clause in Contracts

Error Correction Services. Company shall use reasonable efforts to correct any defects or errors found in the Software on the following basis: 3.3.1. If Customer discovers that a Maintained Release fails to substantially comply with the Specifications, Customer shall promptly submit a problem report via Company's online problem tracking system. The problem report must be in English and contain sufficient information to describe the nature of the defect or error and its impact on Customer's operations so as to enable Company to classify the defect or error. 3.3.2. Upon Company's request, Customer shall provide any additional detail, information, or data and/or perform tests on the Software in order to identify the defect or error. 3.3.3. Upon Company's correction of such defect or error, Company shall deliver to Customer the corrected version of the object code of the Maintained Release in machine readable form. 3.3.4. Company shall provide Customer with all such assistance, including, without limitation, site visits (to be charged at Company's then-current rate) as may be reasonably required by Customer to enable Customer to implement and use the corrected version of the Maintained Release. 3.3.5. Company shall be under no obligation to correct defects or errors to the extent caused by: (a) any failure by Customer to comply with its obligations under the Agreement; (b) use of the Software in a manner that was not intended or contemplated by the Software Documentation, or other misuse or abuse of the Software; (c) use of the Maintained Releases on or with computer equipment or programs that have not been approved or designated for use with the Maintained Releases in the Specifications; (d) any fault in the Equipment or database, or in any programs not supplied by Company and used in conjunction with the Maintained Releases; (e) incorrect use of the Software or operator error; (f) any defects or errors that, in the reasonable opinion of Company, result from any modifications to the Maintained Releases made by any person other than Company; (g) operation of the Software outside Company's recommended applicable operating procedures, requirements and environmental specifications as specified in the Software Documentation; or (h) accident, neglect, hazard or misuse, natural calamity, failure or fluctuation of electrical power or environmental conditions. 3.3.6. Customer shall grant Company access to Customer's facilities as reasonably necessary to allow Company to render the services described herein. 3.3.7. The parties acknowledge that (a) the Software is complex, and that certain non-material errors and defects are incapable of correction or may require an inordinate amount of time and money to correct; and (b) certain errors are cosmetic and do not affect the accuracy of the data produced by the Software or deviate from the functional specifications set forth in the Software Documentation. If a defect or error falls into either of these categories, then Company shall have no obligation to correct such defect or error other than to use its reasonable efforts to correct such defect or error in any subsequent Release. 3.3.8. In performing its obligations under this Section 3.3, Company may in its sole and absolute discretion: 在履行本第3.3条项下的义务时,公司可全权和绝对酌情决定: (a) provide a local fix or patch to the Software; (b) provide a temporary solution; (c) schedule the resolution of the defect or error for inclusion in a subsequent Release; (d) modify the Software Documentation to reflect operating limitations and correct operating procedures; (e) request such additional information from Customer as may be required to enable it to identify and correct the defect or error in question.

Appears in 1 contract

Sources: Software License Agreement

Error Correction Services. Company shall use reasonable efforts endeavor to correct any defects or errors found in the Software on the following basis: 3.3.1. If Customer discovers that a Maintained Release fails to substantially comply with the Specifications, Customer shall promptly submit a problem report (Incident) via Company's online problem tracking ticketing system. The problem Incident report must be in English and contain sufficient information to describe the nature of the defect or error and its impact on Customer's operations so as to enable Company to classify the defect or error. 3.3.2. Upon Company's request, Customer shall provide any additional detail, information, or data and/or perform tests on the Software in order to identify the defect or error. 3.3.3. Upon Promptly following Company's correction of such defect or error, Company shall deliver or otherwise make available to Customer the corrected version of the object code of the Maintained Release in machine readable formRelease. 3.3.4. Company shall provide Customer with all such assistance, including, without limitation, site visits (to be charged at Company's then-current rate) as may be reasonably required by Customer to enable Customer to implement and use the corrected version of the Maintained Release. 3.3.5. Company shall be under no obligation to correct defects or errors to the extent caused by: (a) any failure by Customer to comply with its obligations under the Agreement; (b) use of the Software in a manner that was not intended or contemplated by the Software applicable Documentation, or other misuse or abuse of the Software; (c) use of the Maintained Releases on or with computer equipment or programs that have not been approved or designated for use with the Maintained Releases in the Specifications; (d) any fault in the Equipment equipment, databases or database, or in any programs not supplied by Company and used in conjunction with the Maintained Releases; (e) incorrect use of the Software or operator error; (f) any defects or errors that, in the reasonable opinion of Company, result from any modifications to the Maintained Releases made by any person other than Company; (g) operation of the Software outside Company's recommended applicable operating procedures, requirements and environmental specifications as specified in the Software applicable Documentation; or (h) accident, neglect, hazard or misuse, natural calamity, failure or fluctuation of electrical power or environmental conditions. 3.3.6. Customer shall grant Company access to Customer's facilities as reasonably necessary to allow Company to render the services described herein. 3.3.7. The parties acknowledge that (a) the Software is complex, and that certain non-material errors and defects are incapable of correction or may require an inordinate amount of time and money to correct; and (b) certain errors are cosmetic and do not affect the accuracy of the data produced by the Software or deviate from the functional specifications set forth in the Software applicable Documentation. If a defect or error falls into either of these categories, then Company shall have no obligation to correct such defect or error other than to use its reasonable efforts to correct such defect or error in any subsequent Release. 3.3.83.3.7. In performing its obligations under this Section 3.3, Company may in its sole and absolute discretion: 在履行本第3.3条项下的义务时,公司可全权和绝对酌情决定: (a) provide a local fix or patch to the Software; (b) provide a temporary solution; (c) schedule the resolution of the defect or error for inclusion in a subsequent Release; (d) modify the Software applicable Documentation to reflect operating limitations and correct operating procedures;; or (e) request such additional information from Customer as may be required to enable it to identify and correct the defect or error in question.

Appears in 1 contract

Sources: Master Services and Software Agreement

Error Correction Services. Company shall use reasonable efforts endeavor to correct any defects or errors found in the Software on the following basis: 3.3.1. If Customer discovers that a Maintained Release fails to substantially comply with the Specifications, Customer shall promptly submit a problem report (Incident) via Company's online problem tracking ticketing system. The problem Incident report must be in English and contain sufficient information to describe the nature of the defect or error and its impact on Customer's operations so as to enable Company to classify the defect or error. 3.3.2. Upon Company's request, Customer shall provide any additional detail, information, or data and/or perform tests on the Software in order to identify the defect or error. 3.3.3. Upon Promptly following Company's correction of such defect or error, Company shall deliver or otherwise make available to Customer the corrected version of the object code of the Maintained Release in machine readable formRelease. 3.3.4. Company shall provide Customer with all such assistance, including, without limitation, site visits (to be charged at Company's then-current rate) as may be reasonably required by Customer to enable Customer to implement and use the corrected version of the Maintained Release. 3.3.5. Company shall be under no obligation to correct defects or errors to the extent caused by: (a) any failure by Customer to comply with its obligations under the Agreement; (b) use of the Software in a manner that was not intended or contemplated by the Software applicable Documentation, or other misuse or abuse of the Software; (c) use of the Maintained Releases on or with computer equipment or programs that have not been approved or designated for use with the Maintained Releases in the Specifications; (d) any fault in the Equipment equipment, databases or database, or in any programs not supplied by Company and used in conjunction with the Maintained Releases; (e) incorrect use of the Software or operator error; (f) any defects or errors that, in the reasonable opinion of Company, result from any modifications to the Maintained Releases made by any person other than Company; (g) operation of the Software outside Company's recommended applicable operating procedures, requirements and environmental specifications as specified in the Software applicable Documentation; or (h) accident, neglect, hazard or misuse, natural calamity, failure or fluctuation of electrical power or environmental conditions. 3.3.6. Customer shall grant Company access to Customer's facilities as reasonably necessary to allow Company to render the services described herein. 3.3.7. The parties acknowledge that (a) the Software is complex, and that certain non-material errors and defects are incapable of correction or may require an inordinate amount of time and money to correct; and (b) certain errors are cosmetic and do not affect the accuracy of the data produced by the Software or deviate from the functional specifications set forth in the Software applicable Documentation. If a defect or error falls into either of these categories, then Company shall have no obligation to correct such defect or error other than to use its reasonable efforts to correct such defect or error in any subsequent Release. 3.3.8. In performing its obligations under this Section 3.3, Company may in its sole and absolute discretion: 在履行本第3.3条项下的义务时,公司可全权和绝对酌情决定: (a) provide a local fix or patch to the Software; (b) provide a temporary solution; (c) schedule the resolution of the defect or error for inclusion in a subsequent Release; (d) modify the Software applicable Documentation to reflect operating limitations and correct operating procedures;; or (e) request such additional information from Customer as may be required to enable it to identify and correct the defect or error in question.

Appears in 1 contract

Sources: Master Services and Software Agreement