Common use of SOFTWARE ACCEPTANCE Clause in Contracts

SOFTWARE ACCEPTANCE. The County shall be deemed to have accepted each software product unless the County, within 30 days from the installation date, gives contractor written notice to the effect that the software product fails to conform to the functional and performance specifications, which, if not attached, are incorporated by reference. The contractor will, upon receipt of such notice, investigate the reported deficiencies. The right of the parties shall be governed by the following: If it is found that the software product fails to conform to the specifications and the contractor is unable to remedy the deficiency with 60 days, the County shall return all material furnished hereunder and this contract shall be terminated. If it is found that the software product fails to conform to the specifications and the contractor, within 60 days of receipt of the above said notice, corrects the deficiencies in the software product, the County will provide the contractor with written acknowledgement of its acceptance of said software product. If it is found that the software product does, in fact, conform to the specifications, the County shall reimburse the contractor for the time and material cost of the investigation at the rates specified in this contract. The County’s acceptance of the software product is contingent upon the software product conforming to Attachments C and D and providing access to Online Help System.

SOFTWARE ACCEPTANCE. The County shall be deemed to have accepted each software product unless the County, within 30 days from the installation date, gives contractor written notice to the effect that the software product fails to conform to the functional and performance specifications, which, if not attached, are incorporated by reference. The contractor will, upon receipt of such notice, investigate the reported deficiencies. The right of the parties shall be governed by the following: If it is found that the software product fails to conform to the specifications and the contractor is unable to remedy the deficiency with 60 days, the County shall return all material furnished hereunder and this contract shall be terminated. If it is found that the software product fails to conform to the specifications and the contractor, within 60 days of receipt of the above said notice, corrects the deficiencies in the software product, the County will provide the contractor with written acknowledgement of its acceptance of said software product. If it is found that the software product does, in fact, conform to the specifications, the County shall reimburse the contractor for the time and material cost of the investigation at the rates specified in this contract. The County’s acceptance of the software product is contingent upon the software product conforming to Attachments C and D and providing access to Online Help System.. OC Community Resources MA-012-14011932 HAPPY Software Inc