Common use of Software Defect Clause in Contracts

Software Defect. An error, flaw, mistake, failure or fault in a computer program that prevents it from behaving as intended, for example, producing an incorrect result or error message. Software Defects are also known as “bugs”. Support Contact – an employee or agent designated by Market Leader to Imprev for Notification purposes as set forth herein. Unavailable – Marketing Center Services shall be deemed to be unavailable if a request submitted to an Imprev server fails to return a complete response in accordance with the definition of Available. Urgent Maintenance - Actions or procedures required beyond the reasonable control of Imprev (and which couldn’t have been avoided with commercially reasonable maintenance and diligence) to correct conditions that are likely to cause severe service degradation. Some degradation of service may be experienced during this time frame. Examples include, security updates, Imprev Equipment failure (or imminent failure) requiring hard or soft reboots of Imprev Equipment. Imprev shall provide as prompt notice as reasonably possible to Market Leader in the event of the need for Urgent Maintenance and the reasons for such maintenance. Urgent Maintenance shall not occur more than four (4) aggregate hours per calendar month.