Software Failure. A malfunction in the Contractor-supplied software, other than operating software, which prevents the accomplishment of work, even though the equipment (including its operating software) may still be capable of operating properly. For operating software failure, see definition of equipment failure. See System – The complete collection of hardware, software and services as described in this Contract, integrated and functioning together, and performing in accordance with this Contract.
Software Failure. Customer acknowledges that SunGard is not the developer of any of the software product(s) used to provide the Services hereunder. SunGard shall not be responsible for the failure to meet any Service Levels or any damages if such failure or damages are caused by the failure of any software to perform in accordance with its specifications (“Software Failure”) and such Software Failure is not caused by SunGard’s negligence, willful misconduct or failure to maintain a maintenance contract on the particular software which has failed. In the event of a Software Failure, if in the reasonable discretion of SunGard and Customer, such Software Failure cannot be cured and if, at the time of such failure no other functionally equivalent software compatible with the Equipment is commercially available, Customer shall have the right to immediately terminate the applicable Schedule without penalty to either party SunGard shall not be liable to Customer or any third party for any damages with respect to such termination. MIT0905
Software Failure. You acknowledge that G3MIT is not the developer of any commercial or open-source software used to provide the Services hereunder. In the event of such Software Failure, if in the reasonable discretion of G3MIT and you, such Software Failure cannot be cured, and if at the time of such failure, no other functionally equivalent software compatible with the Equipment is commercially available, you will have the right to immediately terminate the applicable Service Order without penalty to either party. G3MIT will not be liable to you or any third party for any costs or expenses concerning such termination. Termination
Software Failure. A malfunction in the Contractor supplied Software, other than Operating Software, which prevents the accomplishment of work, even though the Equipment (including its Operating Software) may still be capable of operating properly. For Operating Software failure, see Paragraph 7c for definition of Equipment Failure. u. PCC - Public Contract Code.
Software Failure. You acknowledge that Absolute is not the developer of any of the commercial or open-source software that is used to provide the Services hereunder. In the event of such Software Failure, if in the reasonable discretion of Absolute and you, such Software Failure cannot be cured and if, at the time of such failure no other functionally equivalent software compatible with the equipment is commercially available, you will have the right to immediately terminate the applicable Service Order without penalty to either party. Absolute will not be liable to you or to any third party for any costs or expenses with respect to such termination.
