PERFORMANCE SOFTWARE Clause Samples

The PERFORMANCE SOFTWARE clause defines the requirements and standards for software that is intended to monitor, control, or enhance the performance of a system or product. Typically, this clause outlines the specific functionalities, performance metrics, and reliability benchmarks that the software must meet, such as response times, data accuracy, or integration with hardware components. By setting clear expectations for software performance, this clause ensures that the delivered software meets the operational needs of the client and reduces the risk of disputes over software quality or system failures.
PERFORMANCE SOFTWARE. Embraer shall [*], the following software running on Microsoft Windows operational system: [*] The license of either software allows its installation and use by Buyer and Buyer’s Customer in [*], provided however that Buyer and Buyer’s Customer shall acknowledge that such software are the property of Embraer and guarantee to Embraer that it will not modify, sell, transfer or in any other way convey to any third party without the prior written consent of Embraer. The revision service for the software shall be provided at no additional charge to Buyer and Buyer’s Customer for a period [*]. After such period, revision service will be available at the then prevailing Embraer list prices.