Software Program and Documentation Clause Samples
The 'Software Program and Documentation' clause defines what constitutes the software and its related documentation within the context of an agreement. It typically specifies that the term includes the executable code, source code, user manuals, technical guides, and any other materials provided to support the use or maintenance of the software. By clearly outlining what is included as part of the deliverables, this clause ensures both parties have a mutual understanding of the scope of the software and documentation being provided, thereby reducing the risk of disputes over what is covered under the agreement.
Software Program and Documentation. Famic warrants to Licensee that the:
1. User's Manuals are substantially complete and contain information which Famic deems necessary for the use of Software.
2. Software functions substantially as described in the User's Manuals for a period of three (3) months after their delivery by Famic provided that:
(a) Software is installed according to Famic’s procedures and instructions;
(b) Licensee has promptly applied all service releases and Problem fixes made available by Famic;
(c) Software is operated in compliance with and according to Famic’s procedures, instructions and Documentation;
(d) Software is used by sufficiently competent and trained personnel;
(e) Licensee has notified Famic of any defects or problems within fifteen (15) days after the Products were delivered to Licensee by Famic. Following the receipt of Licensee’s written notice as explained in paragraph (e) above and provided that Licensee supplies all the assistance required to Famic in order to diagnose the problem, Famic, at its sole and exclusive option, will use commercially reasonable efforts during normal business hours to fix, exchange, provide a Workaround or refund the Products as set in Section 16 LIMITATION OF LIABILITY. Notwithstanding any other provision of this EUSLMA, the warranty above constitutes the only recourse available to Licensee in case of defective Software and Documentation. Replacement Products shall be warranted as above.