Common use of Initial Testing Clause in Contracts

Initial Testing. Sprint (i) has tested and approved the release and version submitted to Sprint by Company of each Application; or (ii) may test and approve the release and version submitted to Sprint by Company of each Application before (1) Company may market or present the Application as being compatible with the Systems and/or Devices; and (2) Sprint is obligated to perform under this Agreement. Company will provide software and, if applicable Company hardware for Application(s) testing, at no charge to Sprint. Company acknowledges and agrees that the Application testing and approval process is not a guarantee or assurance that an Application is compatible, or if compatible, will continue to be compatible with the Systems, Devices or any of its product or service offerings. Company further acknowledges and agrees that not all Applications may be compatible with both the CDMA and iDEN Systems. If Sprint approves an Application, such approval will not be construed as an endorsement of the Application or a commitment on the part of Sprint that there will not be a similar application developed and/or deployed on the Systems at any time in the future.