Fault Correction. i. Upon notification to DMP by Licensee in accordance with the provisions of Section 8(d) below of any Fault in the Software, DMP shall promptly investigate the reported Fault and thereafter shall use its commercially reasonable efforts to provide Fault Correction services to Licensee in accordance with Exhibit B. ii. With respect to each request for Services, Licensee shall provide DMP with descriptions of any Software problems in order to facilitate the repair or correction of the Software and shall cooperate with DMP in the requested repair or correction. iii. To the extent reasonably practicable, DMP shall provide Fault Correction services over the telephone by providing verbal advice or remotely through the internet. iv. Additional fees (at DMP’s standard rates in effect from time to time) may be charged to Licensee (at DMP’s option) for Fault Correction services provided outside Business Hours at Licensee’s request or for Faults resulting, in whole or in part, from any one or more of the following (each, a “Service Exception”): A. any failure by the Licensee to comply with its obligations contained in Section 8(f) below; B. any failure, error or defect in the Supported System; C. any modification of any portion of the Software, if such modification is made, in whole or in part, by Licensee or any person other than DMP or its authorized subcontractors; D. any misuse of the Software or operator error; E. any defects or errors caused by the use of the Software on or with equipment (other than the Supported System); or F. any defects or errors caused by a condition of force majeure as provided in Section 16 below.
Appears in 2 contracts
Sources: Software License Agreement, Software License Agreement
Fault Correction. i. (i) Upon notification to DMP by Licensee in accordance with the provisions of Section 8(d) below of any Fault in the Software, DMP shall promptly investigate the reported Fault and thereafter shall use its commercially reasonable efforts to provide Fault Correction services to Licensee in accordance with Exhibit B.
(ii. ) With respect to each request for Services, Licensee shall provide DMP with descriptions of any Software problems in order to facilitate the repair or correction of the Software and shall cooperate with DMP in the requested repair or correction.
(iii. ) To the extent reasonably practicable, DMP shall provide Fault Correction services over the telephone by providing verbal advice or remotely through the internet.
(iv. ) Additional fees (at DMP’s standard rates in effect from time to time) may be charged to Licensee (at DMP’s option) for Fault Correction services provided outside Business Hours at Licensee’s request or for Faults resulting, in whole or in part, from any one or more of the following (each, a “Service Exception”):
A. (A) any failure by the Licensee to comply with its obligations contained in Section 8(f) below;
B. (B) any failure, error or defect in the Supported System;
C. (C) any modification of any portion of the Software, if such modification is made, in whole or in part, by Licensee or any person other than DMP or its authorized subcontractors;
D. (D) any misuse of the Software or operator error;
E. (E) any defects or errors caused by the use of the Software on or with equipment (other than the Supported System); or
F. or (F) any defects or errors caused by a condition of force majeure as provided in Section 16 below.
Appears in 1 contract
Sources: Software License Agreement