Common use of SOFTWARE AND FIRMWARE Clause in Contracts

SOFTWARE AND FIRMWARE. 17.1 Software and firmware provided by SEL shall remain the property of SEL or that of SEL’s licensors and the Customer recognises the confidential nature of the rights owned by SEL. The Customer is granted a personal non-exclusive, non-transferable limited right of use of such software in machine readable form for direct connection with the Equipment for which it was supplied only. In certain circumstances the Customer may be required to enter into a separate licence agreement and pay the standard licence fee for that software. 17.2 The Customer undertakes not to disclose any part of the software or firmware to third parties without SEL’s written consent, nor to copy or modify the software or firmware. SEL may at is discretion carry out minor modifications to software or firmware. Major modifications shall only be undertaken by SEL at the Customer’s request, which will be the subject of a separate agreement and will be charged separately. 17.3 All software and firmware is warranted against defects in media for a period of 3 (three) months from delivery. Within this period SEL will correct errors and defects or, at its option, arrange free of charge software or firmware replacements provided that the Customer returns the software or firmware to SEL postage paid. 17.4 Other than as set out in Condition 17.3 above, SEL makes no representations or warranties expressed or implied such as by way of example but not of limitation regarding merchantability or fitness for any particular purpose or that the software or firmware is error free.