Common use of Installation of patches, etc Clause in Contracts

Installation of patches, etc. The Contractor is responsible for installing patches unless Appendix 1 specifies that this shall be performed by the Customer itself or the Customer's provider of operational services. The provisions governing the installation of new versions in clause 2.2.7, paragraph two, shall also apply to the installation of patches. The installation of patches shall be covered by the fixed consideration for maintenance, unless this has been priced separately in Appendix 7. If it has been agreed in Appendix 5 that the Contractor may rectify an error by sending or making available a patch to the Customer, it shall do so in accordance with agreed procedures set out in Appendix 5 or Appendix 6. The Contractor shall in such a case furnish the Customer with instructions as to how the patch, etc., shall be installed. The Customer shall install the patch, etc., as soon as possible, or as per the instructions of the Contractor. Any deadlines shall be set out in Appendix 5. If the rectification of an error consists of a new version of the software, the new version shall also be covered by the fixed consideration for maintenance. The Contractor may only rectify errors by delivering a new version if the Customer can utilise it on the Customer's existing technical platform. If the new version can only be utilised if an upgrade of the Customer's technical platform is performed or if changes are made to the Customer's other systems, the Customer shall have the right to demand that the error be rectified in some other manner, unless otherwise is specified in Appendix 1.

Appears in 7 contracts

Samples: Maintenance Agreement, Maintenance Agreement, www.mercell.com

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Installation of patches, etc. β€Œ The Contractor is responsible for installing patches unless Appendix 1 specifies that this shall be performed by the Customer itself or the Customer's provider of operational services. The provisions governing the installation of new versions in clause 2.2.7, paragraph two, shall also apply to the installation of patches. The installation of patches shall be covered by the fixed consideration for maintenance, unless this has been priced separately in Appendix 7. If it has been agreed in Appendix 5 that the Contractor may rectify an error by sending or making available a patch to the Customer, it shall do so in accordance with agreed procedures set out in Appendix 5 or Appendix 6. The Contractor shall in such a case furnish the Customer with instructions as to how the patch, etc., shall be installed. The Customer shall install the patch, etc., as soon as possible, or as per the instructions of the Contractor. Any deadlines shall be set out in Appendix 5. If the rectification of an error consists of a new version of the software, the new version shall also be covered by the fixed consideration for maintenance. The Contractor may only rectify errors by delivering a new version if the Customer can utilise it on the Customer's existing technical platform. If the new version can only be utilised if an upgrade of the Customer's technical platform is performed or if changes are made to the Customer's other systems, the Customer shall have the right to demand that the error be rectified in some other manner, unless otherwise is specified in Appendix 1.

Appears in 1 contract

Samples: Maintenance Agreement

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